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Case Notes

Case Notes

This case related to ID number/ ID copy

Case No.:2001C06

Collection of Hong Kong Identity Card copy by an employment agent

The complainant was seeking a part-time tutorial job through an employment agent. The agreement was that if she were successfully employed, the employer would pay a commission fee to the agent. Prior to referring the complainant to the employer, the agent required the complainant to deposit a copy of her Hong Kong Identity card as a guarantee that if the employer failed to pay the commission, she would pay the fee instead. The act of the agent was contrary to DPP1(1) in that the collection of the ID card copy amounted to an excessive collection of the complainant's personal data in the circumstances of the case. There was no justification to require the deposit of a copy of the ID card as the agent's interests would best be protected by including clear provisions in the agreement with the complainant about the terms of the engagement.

Category : Provisions/DPPs/COPs/Guidelines : Topic/Subject Matter :