(AAB Appeal No. 23 of 2019)
Personal data shall be collected by lawful and fair means – photo-taking in a hospital – contravention of Hospital Authority Bylaws – the lawfulness of taking photographs and collecting data
Mr. Erik Ignatius SHUM Sze-man (Presiding Chairman)
Mr Simon Chan Cham-man (Member)
Mr Lawrence Ng San-wa, MH(Member)
Date of Decision: 10 November 2020
The Appellant alleged that someone sneaked a photograph of him when he was waiting in the Accident & Emergency Department of a hospital. Subsequently, a news report relating to him was published online by a local newspaper. The news report also included a photograph of him in the hospital, with his eyes redacted.
The Appellant then made a complaint to the Commissioner alleging that a staff member of the news agency took a photograph of him in the hospital and published his personal data to the public. The taking of photograph in a hospital contravened bylaw 7(1)(f) of the Hospital Authority Bylaws.
The Commissioner’s Decision
Upon consideration of all relevant information, the Commissioner decided not to carry out an investigation into the Appellant’s complaint pursuant to section 39(2)(d) of the Personal Data (Privacy) Ordinance (“PDPO”) and paragraph 8(e) & (i) of the Complaint Handling Policy. Reasons are as follows:-
Being dissatisfied with the Commissioner’s decision, the Appellant lodged an appeal to the AAB.
The AAB allowed the appeal for the following reasons:
The AAB’s Decision
The appeal was allowed and the complaint was remitted for the Commissioner’s investigation.
(Uploaded in February 2021)