A theme park collected the full date of birth from individuals applying for an annual pass. The issue of the case is whether the collection of the date of birth is excessive for the purpose of issuing the pass and other matters related to this purpose in the circumstances of the case.
The Complaint
The Complainant and his family members (including two children) applied in person for the annual pass (“Pass”) of an entertainment theme park in Hong Kong (the “Park”). The Complainant was dissatisfied that they were required to provide their date of birth (“DoB”) to the Park for their Pass applications.
In the course of the investigation, the Park explained that adult Pass applicants had to provide their DoB in order to enjoy the benefit of bringing a guest to the Park free of charge during their month of birth (“MoB”). However, such “free guest offer” was not available to child Pass applicants.
Outcome
Reasoning
For the purpose of ascertaining whether an individual is entitled to redeem the free tickets as a Pass holder, the Park may physically inspect his/her identification document. It is not necessary for the Park to collect the DoB at the very beginning when the Complainant applied for the Pass for this purpose. Even for the purpose of estimating the number of Pass holders eligible for the “free guest offer” in a single month for controlling the sale of entrance tickets, the Park merely needs to know the MoB of adult Pass holders.
Unless and until the Park has concrete plans in offering privileges or benefits to Pass holders associated with their DoB, the Commissioner considered (i) the collection of DoB from adult Pass applicants, and (ii) the collection of DoB / MoB from child Pass applicants by the Park, excessive in relation to the purpose of collection, thereby contravening the requirement under DPP1(1)(c) of the Ordinance.
Actions taken by the PCPD
In response to this investigation, the Park gave the Commissioner a written undertaking in the following terms :
(1) Cease the practice of collecting DoB from Adult Pass applicants unless and until it has concrete plans in offering privileges or benefits associated with the applicants’ DoB.
(2) Cease the practice of collecting DoB / MoB from Child Pass applicants unless and until it has concrete plans in offering privileges or benefits associated with the applicants’ DoB / MoB.
(3) Amend the Pass application forms accordingly.
(4) Bring the matter referred to in (1) and (2) above to the attention of all appropriate staff and provide training to them to ensure compliance.
In view of the remedial actions taken by the Park, the Commissioner considered that the contravention had ceased and there was no likelihood of repetition of the contravention. In the circumstances, the Commissioner decided not to serve an enforcement notice to the Park in consequence of the investigation but put the Park on warning.
uploaded on web in February 2014