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Media Responses

Response to Media Enquiry or Report

Date: 8 August 2023

Response to Media Enquiry on intimate images as defined under personal data

Thank you for your enquiry. Our response to your enquiry is as follows:

Enquiry:

“Regarding the RainLily's report on the intimate images spreaded online,  I would like to enquire about the followings:
 

  1. Will you review and improve the current ordinance in order to protect more victims?
  2. Will you consider conducting direct investigation and review on online platforms where images are rampant and make the investigation report public?
  3. Will you examine whether intimate images can be more clearly defined as “personal data”?”

 
Answers (Questions 1 and 3):

  • The Personal Data (Privacy) Ordinance (PDPO) governs the collection, holding, processing and use of personal data by data users.
  • According to section 2(1) of the PDPO, "personal data" means any data–
    - relating directly or indirectly to a living individual；
    - from which it is practicable for the identity of the individual to be directly or indirectly ascertained；and
    - in a form in which access to or processing of the data is practicable.
  • Generally speaking, whether an intimate image in a particular case constitutes “personal data” would depend on whether it is practicable for one to directly or indirectly ascertain the identity of a person in that intimate image. If it is practicable for the identity of the relevant individual to be ascertained, the intimate image may constitute “personal data” under the PDPO.

Answers (Question 2):

  • The Office of the Privacy Commissioner for Personal Data (PCPD) will carry out online patrols and follow up the matter. Any person who suspects that his or her personal data privacy has been infringed and can provide prima facie evidence may make an enquiry or lodge a complaint with the PCPD.
  • In addition, the Crimes (Amendment) Ordinance 2021 (the Ordinance) came into effect on 8 October 2021. The Ordinance has introduced specific offences against voyeurism, unlawful recording or observation of intimate parts, publication of images originating from the two aforementioned offences, as well as publication or threatened publication of intimate images without consent. If a complaint received by the PCPD does not involve “personal data” under the definition of the PDPO but may constitute other offences, the PCPD will consider referring the case to the Police for criminal investigation with the consent of the complainant.