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Privacy Commissioner Mr Stephen Wong delivered the Opening Address entitled "Privacy Implications for the Use of Data Analytics" at the Information Security Summit 2017 (15 August 2017)

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Privacy Commissioner Mr Stephen Wong delivered a presentation at the Hong Kong Airlines Business Leader Forum entitled "Privacy Protection as a Key to Business Success" (8 August 2017)

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Professional Workshops on Data Protection
Limited seats available for Sep courses!

These professional workshops are tailored to the needs of those people wishing to deepen their knowledge of data protection. Key features include:

  • Analysis of each data protection principle with relevant real-life scenarios
  • Codes of Practice and Guidelines
  • Updated guidance notes from the PCPD
  • Lessons learnt from real cases
  • Recommended good practices
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PCPD's New Publication《注意! 這是我的個人資料私隱》(Watch out! This is my personal data privacy) and "Personal Data (Privacy) Law in Hong Kong - A Practical Guide on Compliance

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Guidance on CCTV Surveillance and Use of Drones

The Guidance provides recommendations to data users on using CCTV and drones from the perspective of protecting personal data privacy.

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A councillor's office making publicity calls: should not use the contact information of citizens seeking assistance for election publicity purpose

The Complaint

The Complainant sought assistance from the regional office ("the Office") of a councillor ("the Councillor") concerning a cut in his government disability allowance, and provided his name and telephone number ("the Data") to the Office for handling of the case. Later, the Complainant received a call from the political party to which the Councillor belonged, inviting him to vote for a District Council Election candidate of that political party (who was also an assistant of the Councillor) ("the Candidate"). The Complainant filed a complaint with the PCPD accusing the Candidate of using the Data for electioneering purposes without the Complainant's consent.

In response to the PCPD's enquiry, the Candidate admitted that his electioneering volunteer had contacted those citizens who had connection with the Office (including the Complainant) for District Council Election publicity purposes, and that the Office had only verbally informed the Complainant that his personal data would be used for "information transmission" purposes when his data were originally collected.

Outcome

Generally speaking, when people seeking assistance from a councillor's office provide their personal data for handling their complaints or requests, the data should not be used for election publicity programmes conducted by the office staff. Hence, the use of the Data for election publicity purposes by the Candidate was beyond the original purpose of collection of the same.

Following the recommendations of the Privacy Commissioner, the Candidate undertook that when collecting citizens’ personal data, the Office would provide them with a Personal Information Collection Statement ("PICS") stating the use of the data and would supervise its volunteers to ensure that they would not use the personal data for purposes unrelated to those stated in the PICS without the prescribed consent of the citizens.

Extended Reading:
Guidance on Preparing Personal Information Collection Statement and Privacy Policy Statement

Reference

Q: When dealing with cloud providers that offer only standard services and contracts, you should …

A.  accept these as these are the services which most companies are using
B.  leave the cloud providers to propose the service package
C. carefully evaluate whether the services and the contracts meet all security and personal data privacy protection standards you required

The correct answer is C. As both the cloud computing technology and the market are evolving and maturing, not all cloud providers may address the privacy issues effectively. Your organisation should exercise due care and diligence to explore the most suitable ways to comply with the Personal Data (Privacy) Ordinance ("the Ordinance") having regard to the characteristics and functions of cloud computing.

Q: If your organisation outsources personal data processing work (e.g. engages a business services company to administer your employee payroll function), which of the following statement is correct?

A. You are not liable for the act done by your contractor
B. You should adopt contractual or other means to prevent the contractor from keeping the transferred data longer than is necessary and to prevent data leakage
C. You should go with the lowest bidder. The track record on data protection is not of priority.

The correct answer is B. Your organisation should enter into a contract with your contractors and impose type of obligations (e.g. security measures) or through other means (e.g. select reputable contractor with good track record on data protection) to ensure the contractors comply with the Ordinance. Your organisation is liable as the principal for any act done by your authorised contractors.

Extended Reading:
Outsourcing the Processing of Personal Data to Data Processors

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PCPD’s Corporate Video

With public education as one of the PCPD’s priorities, this video is developed to raise public awareness of personal data protection and to highlight the work of the PCPD.

Industry-specific Resources

A number of compliance assistance and good practice resources are developed for specific industries.

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