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PCPD
Newsletter (on-line version)
(Newsletter of the Office of the Privacy Commissioner for Personal Data,
Hong Kong)
October 2005 Issue No.15
[Image of Roderick B. Woo,] |
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| [Image of Mr. Roderick B. Woo, Privacy Commissioner for Personal Data] |
Mr.
Roderick B. Woo,
Privacy Commissioner for Personal Data |
After a long
career spanning more than 40 years in the legal profession, Mr.
Roderick Woo did not expect that he would embark on a new career
as the Privacy Commissioner for Personal Data. Since assuming the
position on 1st August 2005 Mr. Woo has shown great enthusiasm and
diligence in resolving important issues. In addition to his close
involvement in the day-to-day affairs of the PCPD he has also begun
to map out core strategies geared to communicating key personal
data privacy messages to the public at large. In spite of the sizeable
task in front of him in Hong Kong Mr. Woo expresses a keen interest
in sustaining and enhancing relationships with those members of
the privacy community in other jurisdictions.
Fresh from a
trip to South Korea, Mr. Woo commented upon the steep learning curve
that has been part of his induction at the PCPD. "It's quite
a formidable task when one comes to think about it," he says
in elegant English. "A total of just 39 people in the PCPD's
office are responsible for protecting the personal data privacy
rights of 7 million people in Hong Kong. I am most impressed with
the groundwork laid down by the entire team at the PCPD and the
progress made by my predecessors."
After more than
30 years as one of Hong Kong's top solicitors, Mr. Woo enthuses
about the challenges and opportunities offered by his appointment
as Privacy Commissioner. He acknowledges that the work will require
application and perseverance and looks forward to making headway
in what is regarded as a relatively new area of the law. "There
is a novelty about this job which I relish. Not only is this a new
challenge for me, but it is unique because Hong Kong is the only
place in Asia and China to have such a statutory body," Mr.
Woo says. "I've spent my entire working life in the legal profession
and although the opportunity came about at a time when I was planning
my retirement, I feel that this is a very rewarding 'swan song'
for me."
A brief look
at Mr. Woo's impressive CV reveals his long-standing commitment
to public work. In his former position he was senior partner in
an established law firm. However, he complemented that role with
volunteer work in the Law Society of Hong Kong. Mr. Woo served as
president of that professional body for three years whilst also
serving as a member of various sub-committees of the Society including
the Legal Aid Working Party, the Human Rights Committee and the
LegCo Liaison Group. In addition, he is closely involved with education
institutions such as City University and the University of Hong
Kong. He was also founder of the Hong Kong Law Week, which has just
celebrated its 15th year.
In describing
his approach to work, Mr. Woo makes reference to the traditional
philosophy of the Jesuits. "The Jesuits address three fundamental
issues in life: identity, direction and obstacles," he says.
"In the same way the PCPD is exploring its mission, direction
and the nature of the problems that lie ahead."
For Mr. Woo
personal data privacy goes well beyond administering a relatively
new ordinance. The very existence of the ordinance gives wider recognition
to the fact that personal data privacy is essentially a human rights
issue. This, he feels, is particularly significant for those of
us living in advanced economies. On the one hand digital convergence,
the Internet and the free flow of data have had an enormous impact
upon expanding the E economy. However, those same technological
developments have created a situation in which our personal data
is shared more freely than ever before. "It's our goal to find
the right balance and in doing so we have to realize that privacy
rights are not absolute rights. Every step we take involves balancing
the needs of the public. Privacy law, in particular law relating
to personal data, is still evolving because the forces shaping society
and technology are changing rapidly."
Mr. Woo intends
to adopt a proactive but sensitive approach to protecting the rights
of individuals relating to personal data. In particular, he hopes
to continue the tradition established in the PCPD during recent
years to educate the younger generation thereby creating awareness
of personal data privacy. In the longer term Mr. Woo hopes that
young people will attach value to their personal data privacy and
the privacy of other members of society. "It's important to
continue to educate the younger generation because 20 or 30 years
down the road they will become influential in shaping the private
and public sectors. Education helps ensure that the Personal Data
(Privacy) Ordinance, and more importantly the concept of personal
data privacy itself, becomes part of people's general nature and
consciousness." However, he also expresses the concern that
more resources should be allocated if the current adult working
population are to be communicated with effectively. "These
are the people who are dealing with personal data right now, especially
those people in senior management positions." It is important
in promoting a thriving economy and international trade that such
opinion leaders and decision-makers keep pace with developments
in the rest of the world, including developments in the protection
of personal data privacy.
Mr. Woo recently
represented Hong Kong at a meeting of the Data Privacy Sub-group
convened under the auspices of APEC's Electronic Commerce Steering
Group in South Korea. At the meeting he met representatives from
the Asia Pacific region including Australia, Canada, New Zealand
and the USA. He found the exchange of views and ideas discussed
at the meeting most enlightening. "I was seeing the whole situation
with a fresh pair of eyes and it re-affirmed my belief that personal
data privacy is not, and should not be, an absolute right. The PCPD
is working closely, and sharing views with, many other countries
in the region with the objective of both spreading the word and
helping one another."
When Mr. Woo
does have a moment to slow down he enjoys a game of golf, reading
and listening to music. Right now though work is the No1 item on
his agenda. "Persuasion is what we are aiming at," he
says. "People don't tend to worry about personal data privacy
until it affects them, and I want to change that thinking."
[Image of "Personal data privacy is not, and should not be, an absolute right" ]
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Successful
Mediation Case |
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Installation
of Fingerprint Recognition Device to Record Employees' Attendance
by a Restaurant
A former employee
of a restaurant lodged a complaint to the PCPD alleging that the
restaurant installed a fingerprint recognition device to record
the time they were on and off duty. That employee opined that the
measure was privacy intrusive and thus complained to the PCPD.
The restaurant
admitted that a fingerprint recognition device was installed to
replace the clock-in/clock-out device to record employees' attendance
so as to stop malpractices detected previously in which employees
were found clocking in and out for their colleagues.
Data Protection
Principle 1 of the Personal Data (Privacy) Ordinance provides that
data are collected for a lawful purpose directly related to a function
or activity of a data user and the data are adequate but not excessive
in relation to that purpose.
After intervention by the PCPD, the restaurant took our advice and
removed the fingerprint recognition device. A clock in and out device
is used and all fingerprint images of employees collected by the
fingerprint recognition device were then destroyed.
The PCPD is
of the view that "biometric technology" (such as fingerprint
recognition device), doubtless to say, can be employed as an effective
security system. However, if it is used to monitor employees in
the workplace, employers should first carefully consider whether
such a measure would infringe employees' privacy. The PCPD suggests
that employers should consider resorting to less privacy intrusive
measures for the same purpose.
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| [Image of Compliance Case] |
Compliance
Case |
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| To
promote privacy compliance the PCPD has taken the initiative to conduct
compliance checks among data users. These checks are concerned with
investigating social issues of public concern that may impact upon
personal data privacy. In one recent case the PCPD identified a practice
in the Fire Services Department that appeared to be inconsistent with
the provisions of the Personal Data (Privacy) Ordinance. In response
to this the PCPD undertook the following check of the Department's
systems and personal data management practices. |
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| [Image of FSD's Command and Control Centre] |
| FSD's
Command and Control Centre |
In February
2005, it was reported in the media that the Fire Services Department
(FSD) had subscribed to a new service provided by a fixed line telephone
company of which callers' telephone numbers and address information
would be displayed instantly on the computer screen when they respond
to emergency calls. With the location information, the FSD will
waste no time in the future in taking rescue action, particularly
when the callers are unable to speak clearly over the phone.
Despite its
positive intention, members of the public expressed concern about
their personal data privacy. To ensure that the FSD and the company
are complying with the requirements of the Personal Data (Privacy)
Ordinance ("the Ordinance"), Chief Privacy Compliance
Officer approached them and paid a visit to the FSD's Command and
Control Centre to acquaint himself with the procedures and arrangements
in practice.
It was found
that the telephone company would only provide the FSD with the telephone
number and installation address i.e. the building or estate from
which an emergency call had been made. The full address and name
of the subscriber would not be disclosed to FSD. According to section
2 of the Ordinance, "personal data" means any data relating
directly or indirectly to a living individual and from which it
is practicable for the identity of the individual to be directly
or indirectly ascertained. As the information disclosed by the telephone
company to the FSD does not contain any personal identifying particulars
it does not fall within the definition of "personal data"
stipulated by the Ordinance.
The PCPD is
glad to conclude that the system is privacy compliant.
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| [Image of PCPD Diary] |
PCPD
Diary |
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| This
is a new column written by officers from different departments of
the Privacy Commissioner's Office (PCPD). By giving a first-hand account
of their hands-on daily work, the PCPD hope that members of the public
will be able to obtain a better understanding of its work. Our debut
story is written by Mr. Joseph Young, the Administration and Finance
Manager: |
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As head of the
Administration and Finance Division of the PCPD, I am responsible
for providing administrative support including financial, human
resources and information services management. Recently the PCPD
embarked on a recruitment drive to fill Personal Data Officer (PDO)
posts at the PCPD. Selection and recruitment is an important part
of my duties because the nature of a PDO's work requires distinct
competences.
Personal Data
Officers are responsible for handling complaints lodged by members
of the public. Due to the nature of the PCPD's complaint investigation
process, officers are not to investigate or undertake law enforcement
action such as that performed by the Police or Customs and Excise
Department. The essence of the Personal Data (Privacy) Ordinance
("the Ordinance") is about ensuring that undesirable data
user practices are corrected or refrained from in future. Upon receipt
of a complaint, the PCPD will first approach the complainant and
the party complained against in writing to obtain details of the
case and try, in the first place, to settle the dispute by mediating
between the parties.
As such, Personal
Data Officers must possess sound legal knowledge (most of them have
legal qualifications), relevant investigative work experience, and
excellent writing skills in both Chinese and English. Clearly communicating
the application of the provisions of the Ordinance to both parties
is central to their understanding of the issues. In addition, they
must also possess good inter-personal skills. At times PDOs are
required to deal with the public face-to-face in their daily work
and there are occasions when they come up against distraught or
frustrated complainants. In such a situation officers must deal
with the parties with considerable patience, empathy and sincerity
if they are to be of assistance. They must also be capable of exercising
control over their own emotions if they are to perform well.
We have been
fortunate in the current round of recruitment to attract good quality
candidates who possess the right personal characteristics as well
as previous complaint handling experience. To be qualified for the
job, candidates need to be able to demonstrate that they can strike
a balance between work and life by detaching themselves from their
work in order to avoid being emotionally affected by it. Such a
capacity is important not only in terms of their motivation but
also their well-being.
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PCPD
News |
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First
APEC ECSG Technical Assistance Seminar Held
in Hong Kong
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| Mr. Jesus
Orta Martinez, Chair of the APEC Electronic Commerce Steering
Group (ECSG). |
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| [Image of img] |
On 1-2 June
2005, the PCPD hosted the first technical assistance seminar for
the APEC Electronic Commerce Steering Group (ECSG) to implement
the APEC Privacy Framework, as member economies agreed during the
course of 2005. The seminar had successfully attracted 90 delegates
from 15 member economies, including Australia, Brunei Darussalam,
Chile, Chinese Taipei, Canada, Hong Kong, China, Japan, Mexico,
New Zealand, Republic of Korea, Singapore, Republic of the Philippines,
Thailand, the United States of America and Vietnam. The majority
of the participants were senior government officials, representatives
of business community and civil society, consumer advocates and
members of academia.
The first technical
assistance seminar focused on domestic implementation of the APEC
Privacy Framework and addressed a number of key issues, including:
- Maximizing
the benefits of privacy protections
and information flows
- Giving effect
to the APEC Privacy Framework
- Educating
and publicizing domestic privacy protections
- Furthering
cooperation between public and private sectors
- Providing
for appropriate remedies in situations where
privacy protections are violated
- Developing
a mechanism for reporting domestic implementation of the APEC
Privacy Framework
The second technical
assistance seminar, with the focus on international implementation
issues, was held on 5-6 September 2005 in Gyeongju, Republic of
Korea.
Seminar papers
can be downloaded from:
http://www.pcpd.org.hk/english/infocentre/apec_ecsgl_2.html
Statistics on Complaints & Enquiries
[Image of No. of Enquiries]
[Image of No. of Complaints]
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On-line
Seminar: "Introduction to the
Personal Data (Privacy) Ordinance"
The PCPD website
(www.pcpd.org.hk) has recently added a new on-line service, "Introduction
to the Personal Data (Privacy) Ordinance: On-line Seminar".
This seminar features a voice-over recording with key bullet points
and on-screen script (a print version is also available). Narrated
by the popular disc jockey, Candy Chea, web surfers can benefit
from listening to a lively presentation in a format that is readily
understandable. The design of the seminar also caters to the special
needs of disabled people, particularly the visually impaired.
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[Image of image]New
Poster produced by the PCPD
The PCPD has
recently produced a poster appealing to young people, particularly
job seekers, to raise their privacy protection consciousness in
response to recruitment advertisements, i.e. not to respond to "blind
advertisements". To obtain copies of the poster, please call
our hotline at 2827 2827.
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PCPD Activities |
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"To
Build a Harmonious Society" Photo
Competition
With a view
to promoting the protection of personal data privacy and consumer
rights, the PCPD, in conjunction with the Macao Consumer Council,
held a Photo Competition "To build a Harmonious Society"
in March and April this year.
This is the first time the PCPD has held a joint promotion function
with an organization outside Hong Kong. In order to equip entrants
with better photographic skills as well as to enhance their understanding
of personal data privacy and consumer rights, the organizers conducted
free seminars on March 26, April 9 and 16 in Hong Kong and Macau
respectively.
The organizers
were honoured to have Mr. CHAN Chun Kwong of the Photographic Society
of Macao, Ms. TANG Sio Fong of the Photography Salon Society of
Macao, Ms. CHOW Chung Ling, a renowned photographer and Mr. Raymond
WU, the Deputy Chief Editor of a photo magazine as judges. Winning
photos were selected from 349 entries from the Open Category and
100 entries from the Secondary School Category.
A photo exhibition
and the winning entries was held in Hong Kong and Macao. The Macao
exhibition was held on 25 June at the Gallery Millennium, Av. Da
Praia Grande and the Hong Kong exhibition was held from 26 to 28
August, 2005 at the Foyer, Hong Kong Cultural Centre, Tsimshatsui.
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[Image of image] |
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| Snapshots
of the prize presentation ceremony and exhibition |
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Open
Category:
Champion:
K.C. Cheung (Hong Kong) |
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First
Runner-up and Originality Award:
Fong Cheok Va
(Macau) |
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Second
Runner-up:
Mak Kin Sze, Angela (Hong
Kong) |
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Best
Presentation Award:
Chao Kin Hong (Macau) |
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Best
Presentation Award:
Tse Ching Chung
(Hong Kong) |
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Best
Photographic Skill Award:
Hui Yau Tat (Hong Kong) |
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Secondary
School Category:
Champion
and Originality Award:
Wong Man Chi (Macau)
(Escola
Kwong Tai) |
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First
Runner-up:
Lei Man Cheng (Macau)
(Escola Lou Kung Chi Tai) |
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Second
Runner-up and Best Presentation Award:
Wong Ching Shun
(Hong
Kong)
(Jockey Club TI-I College) |
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Best
Photographic Skill Award:
Tsoi Piu Fung (Hong
Kong)
(Ho
Dao College) |
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"Respect
Others and Protect Privacy" Poster
Design Competition
In order to
raise the public awareness and understanding of personal data privacy
and to instill the notion of mutual respect in our community, the
PCPD held a "Respect Others and Protect Privacy" Poster
Design Competition from February to March 2005.
Responses to
the competition were encouraging with the PCPD receiving 173 entries
in total (including 131 entries from the Student Category and 42
entries from the Open Category). Different artistic design skills
were employed by entrants to express their understanding and expectations
of privacy protection.
The panel of judges included Mr. KING Chia-lun, a renown calligraphist,
artist and consultant to the Hong Kong Society for Education in
Art, and Mr. LAM Kwai Kwong, Curriculum Development Officer of the
Education and Manpower Bureau.?The panel, judged the artistic merit
and expression of ideas and eventually selected 6 winners.
Open
Category:
Champion:
Kwok Yin Ming |
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First
Runner-up and Originality Award:
Lam Wei Men |
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Second
Runner-up:
Ho Cheong Wing |
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Student
Category:
Champion:
Chan Ho Chi |
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First
Runner-up:
To Wai Yip |
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Second
Runner-up:
Chung Chi Hung |
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DPOC News |
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[Image of image]Plenary
Meeting
Over 180 members
attended the second plenary meeting for the 2004-2005 membership
year at the Auditorium of Duke of Windsor Social Service Building
on 27 January 2005.
The PCPD's Legal
Counsel, Ms Margaret Chiu and Chief Personal Data Officer, Mr. K.T.
Chan took the opportunity to brief members on the "Privacy
Guidelines: Monitoring and Personal Data Privacy at Work" and
the leaflet entitled "Points to Note for Employers of Domestic
Helpers".
[Image of image]Seminar
On 13 May 2005,
PCPD invited a leading privacy scholar, Professor Colin Bennett
of the University of Victoria, Canada to deliver a talk on "The
Globalization of Personal Privacy Protection: Policy Instruments
in International Perspective to DPOC members. The audience comprised
mainly of people working for international institutions learned
more about prevailing policy instruments for compliance in terms
of data protection.
[Image of image]Data
Protection Workshops
Two series of
privacy workshops entitled "Code of Practice on Human Resource
Management" and "Privacy Guidelines: Monitoring and Personal
Data Privacy at Work" were held exclusively for members in
September and October 2005. Members who have successfully completed
the workshop received certificates.
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