Legislative Council Meetings

Secretary for Constitutional and Mainland Affairs and Privacy Commissioner Attended Meeting of Legislative Council Panel on Constitutional Affairs

Mr Erick TSANG Kwok-wai, IDSM, JP, Secretary for Constitutional and Mainland Affairs, attended the Policy Briefing meeting of the Legislative Council Panel on Constitutional Affairs on 10 February 2022. The Privacy Commissioner for Personal Data (Privacy Commissioner), Ms Ada CHUNG Lai-ling, also attended the meeting to answer questions raised by Legislative Councillors on privacy issues and the work of the Office of the Privacy Commissioner for Personal Data (PCPD).
 
In responding to a question raised by a Member on whether the inclusion of the location tracking function in the “LeaveHomeSafe” mobile app is in compliance with the provisions of the Personal Data (Privacy) Ordinance (PDPO), the Privacy Commissioner pointed out that the PDPO is principle-based and does not prohibit the collection, holding, processing or use of personal data for the prevention of the spread of the COVID-19 coronavirus and protection of public health, including the inclusion of contact tracking function in the “LeaveHomeSafe” app. She said that relevant government departments have to ensure compliance with the requirements of the PDPO in the collection of personal data, which include the requirements that the data collected is adequate , necessary but not excessive in relation to the purpose of collection, data must be collected in a lawful and fair way; and the data subject must be duly informed of the data collected, the purpose(s) of use of the data and classes of possible transferee. In addition, section 59 of the PDPO provides an exemption from the restrictions on the use of personal data relating to the health, identity or location of a data subject in situations concerning the protection of public health.
 
Regarding the enforcement of the Personal Data (Privacy) (Amendment) Ordinance 2021 after its commencement of operation in October 2021, the Privacy Commissioner pointed out that the enforcement actions had started to bear fruit, and the PCPD made the first arrest for a suspected doxxing offence on 13 December 2021.
 
Please click here for the paper submitted by the Constitutional and Mainland Affairs Bureau to the Legislative Council Panel on Constitutional Affairs.
 
Please click here for the opening remarks of the Secretary for Constitutional and Mainland Affairs at the Policy Briefing meeting of Legislative Council Panel on Constitutional Affairs (in Chinese only).
 

Privacy Commissioner attended meeting of Legislative Council Panel on Constitutional Affairs.