PCPD - PCPD 2003-2004 Annual Report

Publications and Videos

Annual Report

Monitoring Compliance

Complaint Investigations

At the beginning of the reporting year, 203 complaints were being processed. Together with the 919 new complaints received, the PCPD handled a total of 1,122 complaints during the reporting period. Of these, 367 cases (33%) were declined for further action after preliminary consideration on the basis that 348 of them were found to have no prima facie case to support allegations of breaches of the PD(P)O. A further 18 cases were outside the Privacy Commissioner's jurisdiction and the remaining one was anonymous complaint. The other 755 cases (67%) were screened-in for further consideration. Of these, 598 cases (79%) were resolved during the reporting year and the remaining 157 cases (21%) continued to be handled on 31 March 2004. (Figure 6)

Figure 6 — Summary of complaints handled in 2003-04

2000-01 2001-02 2002-03 2003-04

Complaints carried forward 94 146 157 203

Complaints received 789 888 906 919

Total complaints processed 883 1,034 1,063 1,122

Complaints screened-out 352 394 359 367

Complaints screened-in 531 640 704 755

Completed 385 483 501 598

In process 146 157 203 157

[Image of Figure]

Of the 598 cases completed during the reporting period, 178 (30%) cases were resolved through mediation, 27 (5%) cases were resolved after formal investigations, 209 (35%) cases were found to be unsubstantiated as a result of preliminary enquiries and 146 (24%) cases were withdrawn by the complainants during preliminary enquiries. The remaining 38 (6%) cases involved complaints where the complainants had also reported the matters to other authorities to follow up.

[Image of Figure]

Of the 27 formal investigations completed during the reporting period, the PCPD found contravention of the requirements of the PD(P)O in 18 (67%) cases. In 8 (30%) cases, there was no contravention found or contravention was not established due to lack of sufficient evidence. The one remaining case (3%) was discontinued by request of the complainant.

[Image of Figure]

Of the 18 cases where the requirements of the PD(P)O were found to have been contravened, 14 cases involved contravention of one or more of the data protection principles. The remaining 4 cases involved contravention of the provisions in the body of the PD(P)O relating to compliance with data access requests and direct marketing.

[Image of Figure]

In the 178 cases resolved through mediation, the PCPD provided advice and recommendations to 87 organizations on their practices and procedures in order to assist them in complying with the data protection requirements.

In the 18 cases in which requirements of the PD(P)O were found to have been contravened, the PCPD issued 12 warning notices to the organizations concerned, some of them were required to give written undertakings to implement measures to remedy the contraventions. In all these cases, the organizations gave the undertakings sought, and given such undertakings, enforcement action through the issue of an enforcement notice was not deemed to be necessary.

In the other 6 cases, enforcement notices were served on the parties complained against to direct them to take remedial actions to prevent their continued or repeated contravention of the PD(P)O.

[Image of Previous Page][Image of Table of Contents][Image of Next Page]

End of Page

[Annual Report] [Code of Practice/ Guideline & Explanatory Booklet] [Consultation Document/ Report] [Newsletter] [Guidance Note & Fact Sheet] [Leaflet & Form] [Opinion Survey] [Others] [Investigation Report / Inspection Report] [Information Book]

[About PCPD] [The Ordinance] [PCPD Activities] [Information Centre] [Privacy Zone for Youngsters (Games)]
[Publications & Videos] [Enquiries & Complaints] [Case Notes] [Contact Us] [Search] [Site Directory] [Graphical Version]
[Chinese Version]