Q:We are a Government Department. We would like to know whether we can compel our frontline staff when asked by members of public to disclose his personal name by verbal utterance, or work identity, such as by producing his Government Identity Card ("GIC") or Department Warrant Card ("DWC")?
A: It is necessary to first consider the scope of application of the Personal Data (Privacy) Ordinance ("PDPO") which is aimed at protecting the personal data privacy of individuals in relation to personal data. The PDPO does not extend to cover situation where no personal data are involved or what a data subject can do with his own personal data.
For data to constitute "personal data", it must be contained in a recorded form capable of being reproduced according to the definitions of 'data" and "document" in section 2(1) of the PDPO. Thus, the verbal utterance of his own name by an individual does not constitute "personal data" under the PDPO. As for the production of GIC or DWC to members of public for inspection, there is no provision in the PDPO that prohibits the display of staff card by the data subject himself containing his personal data to public. In respect of personal data contained in the GIC or DWC which are collected by the Government department, the PDPO does not prohibit nor impose right on a data user to compel the disclosure by data subject of his personal data to third parties. The Government department as a data user shall take note of the requirements under DPP1(1) that only adequate but not excessive personal data are collected for the staff identity card and the requirements under Clause 2.7.1 of the Code of Practice on the Identity Card and Other Personal Identifiers that reasonable steps shall be taken to ensure that an identity card number and the name of the holder are not displayed together publicly. As for the proper use to be applied on the staff identity card, due regard should be given to the requirements under DPP3 that personal data shall not without the prescribed consent of the data subject, be used for a purpose other than the purpose for which the data were collected or its directly related purpose.
Subject to aforesaid, the enquiry raised was largely administrative matters outside the ambit of the PDPO. It is however important to note that it is not the legislative intent for the enactment of the PDPO for it to be used as either a weapon or a shield against the tenet of good governance and open Government.