The Privacy Commissioner for Personal Data, Hong Kong, commenced an investigation into an incident of a police officer (the Police Officer) displaying a reporter's (the Reporter) Hong Kong Identity card in front of the Reporter's camera, when the Police Officer stopped and searched the Reporter at the Tai Po Mega Mall. The Commissioner publishes the investigation report today (22 December 2020).
The Commissioner considers that the display of the Reporter's Hong Kong Identity card in front of the Reporter's camera by the Police Officer was not consistent with or directly related to the purpose of conducting the stop-and-search procedure by the Police Officer to verify the Reporter's identity. In the absence of the prescribed consent of the Reporter, such use of the personal data on the Reporter's Identity card by the Police Officer was in contravention of Data Protection Principle (DPP) 3(1) of Schedule 1 to the Personal Data (Privacy) Ordinance regarding the use of personal data.
The full investigation report is now available at PCPD website:
https://www.pcpd.org.hk/english/enforcement/commissioners_findings/files/
FINAL_Investigation_Report_R20_3370_Eng.pdf