PCPD - PCPD 2006-2007 Annual Report

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Annual Report

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"Data Protection Principles in the Personal Data (Privacy) Ordinance - from the Privacy Commissioner's perspective"

The Book was first of its kind published by the PCPD in August 2006 setting out in comprehensive details the regulatory experience and stance of the Privacy Commissioner in applying the six data protection principles of the Ordinance. The views expressed and the positions taken in the Book are based upon facts and evidence presented during the course of handling complaints, information available at the time and the social climate prevailing in the community that were relevant to the personal data privacy issues raised.

[Image of image]The Privacy Commissioner finds it useful to share with readers his regulatory views as personal data privacy right is a evolving concept responding to the rapid advances in technology, the electronic processing of personal data and the escalated expectation of personal data privacy protection of the data subjects. In exercising his regulatory function and applying the provisions of the Ordinance to cases before him, the Privacy Commissioner is always mindful that a proper balance has to be struck in upholding personal data privacy right.

Target readers are those who wish to obtain in-depth knowledge and understanding of the application of the Ordinance, those having responsibility for the handling and processing of personal data, organizational data users, legal academics and professionals. The Book also facilitates the data subjects in better understanding their privacy rights.

Guidance Note on Property Management Practices

[Image of image]In response to enquiries and complaints about property management activities, the PCPD finds it necessary to provide a clear set of good practices to assist property management bodies to better understand how the Ordinance applies in situations that they commonly encounter. This guidance note was published in November 2006.

In property management, the personal data of flat owners, residents and other related individuals are often collected and used by owners' corporations, owners' committees, mutual aid committees or property management agents. This is subject to the requirements of the Ordinance. The guidance note covers major property management activities, like applying for a building entry pass or smart card, recording the names and identity card numbers of visitors, recording the personal data of car park users, proxy forms for owners' meetings, minutes of meetings or notices to residents relating to building management affairs, and handling of complaints from owners or other individuals.

In addition, the PCPD has continued to distribute its newsletters to subscribers, professional groups, government departments and other relevant parties in both hard copy and electronic format. [Image of image]

[Image of image]PCPD's official website - www.pcpd.org.hk - continues to be a critical conduit of information and advice. During the reporting period, it was found that the most popular sections that net users always visit are "Case Notes" (580,272 views) and "Personal Data (Privacy) Ordinance" (42,146 views). In addition, the most downloaded files are Codes of Practice and guidelines (49,064 downloads) issued by the PCPD. It reveals that PCPD's website is a convenient platform for the public to access PCPD's information and publications.

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