The Ordinance

Your Identity Card Number and Your Privacy - A Guide to Individuals

SITUATION 1:
REQUEST TO SHOW YOUR ID CARD

A request that you show your ID card, without the requester making a record of any information on the card, is not covered by the Code. This follows from the fact that the Ordinance itself is inapplicable to any situation where no personal data (meaning, generally, recorded information relating to a living individual) is involved.

SITUATION 2:

COMPELLING YOU TO PROVIDE YOUR ID CARD NUMBER OR COPY

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If you are asked by a public officer to provide your ID card number, you should provide it.

Except with legal authority, no one can compel you to provide your ID card number or copy. As a general matter, public officers e.g. Police and Immigration officers and Post Office staff, are authorised by law to compel provision of ID card numbers by individuals in their dealings with Government. Hence, if you are asked by a public officer in your dealings with Government to provide your ID card number, you should provide it.

SITUATION 3:
SERVICE CONDITIONAL UPON PROVISION OF ID CARD NUMBER OR COPY

Organisations often make provision of your ID card number or copy a condition of providing service to you. In such a situation, there is no compulsion.

The Code cannot generally prohibit organisations from imposing such a condition in providing services. However, they should do this only if they are seeking to collect your ID card number or copy under one of the general circumstances where this is permitted under the Code (see below).

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Organisations should consider alternatives that are less privacy intrusive e.g. the collection of a monetary deposit, before recording an ID card number.

SITUATION 4:
REQUEST TO RECORD YOUR ID CARD NUMBER

The Code requires organisations, before recording an ID card number, to consider alternatives that are less privacy intrusive.

Action you can take: If you are not happy about a request to provide your ID card number, suggest to the requestor alternatives that are reasonable and acceptable to you. Possible alternatives include the collection of a different number, such as a passport number, or providing a deposit of money, or arranging for identification of yourself by someone else who is already known to the organisation.

An organisation may be contravening the Code if it refuses to accept an alternative such as these without a good explanation.

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