Response to Media Enquiry or Report

Privacy Commissioner Responses to Media Enquiry on Children Cyber-bullying

Thank you very much for your email enquiry on parents’ concerns about their children being bullied in the cyber world. Our responses are as follows:

1. From year 2012 to 2016, the numbers of complaints received by the PCPD in relation to the use of information communication technology (ICT) were summarised as follows:

Table: Privacy Complaints in relation to the Use of ICT (2012 – 2016)

Over the past five years, the PCPD has seen an upward trend in ICT-related complaints. Cyber-bullying, being one of the major ICT-related disputes, is on the rise (a double increase in 2016 as compared with the 2012 figure).

2. While we will not disclose information about specific cases, the following two examples demonstrate the risks in sharing information online:- 

a. Disclosing ex-girlfriend’s information on social website – the complainant was dissatisfied with his ex-boyfriend for posting her photos and false statements on a social website.

b. Attacking the others on online forum – a number of netizens posted slanderous messages against the complainant on an online discussion forum, and used his photos without permission for making offensive comments on him.

Please also refer to the leaflet “Cyber-bullying – What you need to know” issued by the Privacy Commissioner for more relevant examples. 

3. Currently cyber-bullying can be addressed by various existing legislations, depending on the circumstances in which cyber-bullying occurs (e.g. defamation, criminal intimidation and infringement of intellectual property). Where cyber-bullying engages the collection[2] and use[3] of personal data, the requirements of the Data Protection Principles (“DPPs”) under the Personal Data (Privacy) Ordinance (“Ordinance”) are relevant.  That said, violations of DPPs may be exempted under section 52 of the Ordinance where personal data is held by an individual and is (a) concerned only with the management of his personal, family or household affairs; or (b) so held only for recreational purposes.

In view that cyber-bullying is a complex societal issue and is not solely related to the sharing of personal data, the Privacy Commissioner maintains an open mind on the suggestion of introducing a specific legislation governing cyber-bullying. Views of the public would certainly be one of the considerations for pursuing any suggestion for regulating by way of legislative measure, which is primarily the decision of the Government policy bureau.

It is nevertheless widely accepted that to combat cyber-bullying, education is always better than deterrence. In order to effectively curb the problem of cyber-bullying, the Privacy Commissioner believes that it is fundamental for the individuals, especially children and youngsters often with the advice and assistance of parents and teachers, to learn how to protect their personal data privacy online and respect those of the others. The PCPD has developed a thematic website called “Children Privacy”, which is a one-stop portal for children to learn and understand personal data privacy, as well as for teachers and parents to help those under their care in protecting their personal data.  A leaflet entitled “Cyber-bullying – What you need to know” was issued to remind the members of the public of the privacy and legal issues associated with cyber-bullying. More tips on how to protect personal data privacy when using social network platforms can be found in the “Protecting Online Privacy – Be Smart on Social Networks” leaflet. 

4. Parents are role models for children. They should have a role of guidance in personal data protection, and to instill in their children the concept of respecting others’ privacy. The Privacy Commissioner has issued a leaflet entitled “Children Online Privacy – Practical Tips for Parents and Teachers” that provides tips for parents to take precautionary steps for protecting children privacy, including:

• Set good examples by protecting their own personal data and respecting others’ personal data privacy;
• Gain first-hand knowledge in online platforms / systems by using them so that parents can share their experience and communicate with children on how to protect the personal data privacy right;
• Find suitable ways to engage with children in their online activities;
• Explore online platforms / systems offer parental controls (or “dashboards”) that allow parents to monitor or configure the settings to protect children from undesirable contents or contacts;
• Understand the essential security measures when using online platforms / systems, including how to protect their computers and smartphones, safe use of Internet, protection of accounts and passwords, etc.;
• Remind children not to rush to provide or share information when registering for a new service or using it, and encourage children to consult them before providing or sharing their personal data;
• Sensitise children to examine the privacy settings critically before choosing to use new platforms / systems;
• Warn children that sharing information including photos online willingly or inadvertently means that the information will be accessed by members of the public;
• Encourage children to respect privacy of others in the way they would like to be respected; and most importantly,
• Children should be made aware that they need to seek advice from their parents when faced with cyberbullying.

The information can be attributed to the Privacy Commissioner for Personal Data, Mr Stephen Kai-yi Wong.