Personal Data (Privacy) Law in Hong Kong – A Practical Guide on Compliance

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to identify the advertisers. Other advertisers raised the argument that the advertisement
did not include an express solicitation for the job applicant’s personal data. Taking into
account the disparity of bargaining power between the employer and the job seeker,
the Commissioner considered that the advertisements as presented would more than
likely lure an ordinary job seeker to provide his full curriculum vitae in an attempt to
secure the job, even if there was no express solicitation of personal data in the
advertisements. He therefore decided that the advertisers had contravened DPP1(2).
5.37 The Commissioner conducted similar investigations in May 201530 and found that the
situation had improved. A total of 12,849 advertisements placed in seven recruitment
media were examined and only fifty-nine blind advertisements which warranted
investigation were identified. The proportion of blind advertisements had dropped from
3.45% (in the 2014 survey) to 0.46% (in the 2015 survey).
Collection of Personal Data by Covert Means
5.38 A similar, but perhaps less clear, situation in which the issue of DPP1(2)(b) may arise,
relates to the capturing and recording the visual image of an individual by means of a
camera, video recorder or other device.31 The Commissioner’s position in this regard is
illustrated in the investigation report published32 in respect of the covert videotaping of
the activities of a female hostel inmate of a university by her friend using a hidden
camera installed in her room without her knowledge. The Commissioner found that the
manner of collecting the complainant’s personal data was highly privacy intrusive and
that the means which were adopted without the knowledge and consent of the
complainant were unfair in the circumstances of the case, and hence in breach of
DPP1(2).
30 See Investigation Report R15-8107, available on the Website:
31 For collection of employees’ personal data through telephone, email, internet or video monitoring carried out by an
employer, the Commissioner has, in the exercise of his powers under section 8(5) of the Ordinance, issued a Privacy
Guidelines: Monitoring and Personal Data Privacy at Work in December 2004 (available on the Website:
which gives practical guidance for employer’s consideration. The three A’s concept was
introduced, i.e. assessment, alternatives and accountability for the employer to take into account before deciding
whether to engage in any employee monitoring activity.
32 See Investigation Report No. R97-1948, available on the Website:
See also Investigation Report No. R05-7230
in
respect of the collection of employees’ personal data by an employer for a suspected crime of theft through the
installation of pinhole cameras. The employer was found to have contravened DPP1(2) in collecting employees’
personal data by unfair means in the circumstances of the case.