Q: I have been at my company for six months. Now, my employer is asking me to sign an acknowledgement of the terms of its Personal Information Collection Statement. The question is whether they have the right to require me to sign the acknowledgment.
A: Under Data Protection Principle ("DPP")1(3) of the Personal Data (Privacy) Ordinance ("the Ordinance"), an employer is required to give its employees certain information, which could conveniently be given in the form of a notification generally known as Personal Information Collection Statement. The Ordinance does not confer on the employer the right or power to require the employee to sign and return such a written notification. However, whether such a power may be conferred on the employer under the employment contract (or any other branch of law) is a question that we are not in a position to answer. In any event, even if an employer requires an employee to sign and return the Personal Information Collection Statement, this does not in our view constitute any contravention of the Ordinance.