The complainant suspected that his representing lawyer had committed professional misconduct and criminal offence - he also complained that someone concealed his personal data - whether the matters complained against fell within the jurisdiction of the Privacy Commissioner - section 39(2)(d) of the Ordinance
The Complaint
The complainant was a claimant in an employee's compensation case for his injury. He alleged that his representing lawyer had stolen his compensation money, obstructed the course of justice, and forged a cheque and affidavit in the course of handling his claim. Therefore, he lodged a complaint with the Privacy Commissioner.
Findings by Privacy Commissioner
The Privacy Commissioner opined that the matters complained by the complainant mainly involved the professional conduct and fraud of the lawyer. Even if the use of the complainant's personal data was involved in the case, professional conduct of a lawyer and criminal offence fell within the jurisdiction of the Law Society of Hong Kong and the police respectively. It was inappropriate for the Privacy Commissioner to follow up these matters. As a result, the Privacy Commissioner decided to refuse to carry out an investigation of the complaint pursuant to section 39(2)(d) of the Ordinance. Being dissatisfied with the Privacy Commissioner's decision, the complainant lodged an appeal with the AAB.
The Appeal
During the hearing of the appeal, the complainant said that he was not informed of the bankruptcy of a staff member of the said solicitor's firm. The complainant believed that it was his personal data and should not be concealed. The AAB considered that the matters complained involved professional conduct of the lawyer and criminal offence, and both did not fall within the jurisdiction of the Privacy Commissioner. Moreover, concealing data did not constitute an act or practice that contravened the Ordinance, so the Privacy Commissioner would not and could not carry out an investigation under the Ordinance.
The AAB did not found the Privacy Commissioner's decision of not carrying out an investigation incorrect.
The AAB Decision
The appeal was dismissed.
uploaded on web in February 2010