Voice

The Office of the Privacy Commissioner for Personal Data is an independent statutory body established to oversee the enforcement of the Personal Data (Privacy) Ordinance to protect the personal data privacy rights of the members of the public. The Ordinance came into effect on 20 December 1996.

The Privacy Commissioner's Office is headed by the Privacy Commissioner for Personal Data. Specifically, the Commissioner's functions and powers include the following:
1. promote awareness and understanding of, and compliance with, the provisions of the Ordinance;
2. approve and issue codes of practice;
3. carry out investigations on cases suspected to have contravened the requirements of the Ordinance;
4. carry out inspections of personal data systems of organizations;
5. approve matching procedure applications;
6. conduct personal data privacy opinion surveys; and
7. liaise and cooperate with persons performing similar data protection functions in any place outside Hong Kong.

Generally speaking, if you are doubtful that your personal data privacy has been intruded upon by others, you may first voice your concern over this to the party concerned stating that you doubt that your personal data are being misused. If you are not satisfied with the response, you may lodge a complaint with the Privacy Commissioner's Office. Your complaint in writing may be made in either Chinese or English. The complaint should list out the contact details of the complainant as well as the details of the case. For the sake of convenience, the complainant may use the complaint form of the Privacy Commissioner's Office.

On receipt of the complaint, the Commissioner would contact the complainant and the party complained against to decide whether prima facie evidence of the complaint is ascertained or not. If it is ascertained, the Commissioner would try to settle the dispute through mediation. If the dispute can't be resolved by mediation, the Commissioner may undertake formal investigation. If, after investigation, the data user is found to have contravened any of the provisions of the Ordinance, an enforcement notice would be served on the data user by the Commissioner directing him to take remedial actions to comply with the provisions of the Ordinance. Any person who fails to observe an enforcement notice commits an offence and is liable on conviction to a fine of HK$50,000 and imprisonment for 2 years.

In case you have any enquiry about the functions of the Privacy Commissioner's Office, please call the Privacy Commissioner's Office Hotline on 2827 2827.

Date: 19th December 2002