Date: 23 December 2019
Response to media enquiry of a Facebook group disclosing personal data of foreign domestic helpers
Thank you very much for your email enquiry. Please find below our response:
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From 1 January to 20 December 2019 (today), we have not received any complaint about the said Facebook group.
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That said, we would like to take this opportunity to explain generally the related principles under the Personal Data (Privacy) Ordinance (PDPO). Data Protection Principle 3 under PDPO provides that personal data shall be used (including transfer and disclosure) for a purpose which is the same as or directly related to the original collection purpose unless with the express and voluntary consent of the data subject.
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The PCPD would investigate if there is sufficient evidence to suggest a breach of the Data Protection Principle by disclosing or using without consent a person’s personal data for a purpose other than that for which the person data was originally collected.
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If personal data (obtained without the consent of the data users concerned) is disclosed for unlawful purposes of bullying, incitement and intimidation, and thereby causing psychological harm to the data subjects, persons engaging in such acts may have contravened a criminal offence under section 64 (2) of PDPO (i.e. “Offences for disclosing personal data obtained without consent from data users”).
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Any person who believes that his personal data has been misused and can provide prima facie evidence may complain to the PCPD. Upon receipt of the complaint, the PCPD will handle and follow up the case according to PDPO and its Complaints Handling Policy with strict confidence.