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Media Statements

Media Statement - Disclosure of personal data of Hong Kong SAR officials and othersby the US Government

Date: 8 August 2020

Disclosure of personal data of Hong Kong SAR officials and others
by the US Government

In relation to the disclosure of personal data of Hong Kong Special Administrative Region (SAR) officials and others by the US Government, the office of the Privacy Commissioner for Personal Data, Hong Kong (PCPD) responds as follows:
 
  • The PCPD notes that the announcement made by the US Department of the Treasury is pursuant to Executive Order No. 13936 published in the Federal Register. The Federal Register is akin to the Gazette of the Hong Kong SAR Government. It is different from postings found generally on social media websites, online platforms or discussion forums. Therefore there is no question of a third party requesting removal of its content.
     
  • The Personal Data (Privacy) Ordinance (PDPO) regulates the control of personal data in or from Hong Kong throughout its life cycle. There is no express provision under the PDPO vesting the PCPD with extra-territorial powers.
     
  • Although the PDPO does not have jurisdiction over the control outside Hong Kong of the collection or use (including disclosure and transfer) of personal data, data protection authorities in many jurisdictions have been advocating practising data ethics so as to address the inadequacies of the law and to meet the expectations of stakeholders, particularly those of the data subjects.
     
  • Practising data ethics means handling personal data under the principles of being respectful, fair and beneficial.
     
  • The disclosure of the data of the persons concerned by the US Department of the Treasury is obviously excessive and unnecessary. It amounts to doxxing. Excessive disclosure may also lead to illegitimate use of personal data, thus causing serious nuisance to the data subjects. The PCPD strongly appeals to the community not to improperly use or reproduce the personal data. Such acts may contravene the requirements of the PDPO and may constitute a criminal offence.
     
  • The act of the US Department of the Treasury is diametrically opposite to expectations on data ethics and we are completely disappointed.
     
  • The PCPD will write to the US Consulate General Hong Kong, the US Department of the Treasury and the Federal Trade Commission (i.e. the PCPD’s counterpart in the US) to express our utter disappointment over the act in question, which is contrary to the practice of data ethics advocated by many jurisdictions.
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