The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(819) A BRIEF INTRODUCTION ON THE FUNCTIONS OF THE OFFICE OF THE PRIVACY COMMISSIONER FOR PERSONAL DATA

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

The pervasive use of new information and communications technologies has allowed us to collect and use vast amounts of personal data with phenomenal ease and efficiency, but this also poses immense risk on privacy. In the past years, a number of major privacy intrusion incidents were reported in Hong Kong and overseas, public awareness of personal data privacy protection have heightened.

With the view to strengthen protection of data privacy, the government has amended the Personal Data (Privacy) Ordinance in 2012. The amendments have enhanced the PCPD's power of enforcement, brought in a more effective regulatory regime on direct marketing and enhanced penalties for contravention of the Ordinance.

The PCPD 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 express your concern over this to the party concerned. If you are not satisfied with the response, you may lodge a complaint with the PCPD. 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 PCPD.

After receiving a complaint and verifying the identity of the complainant, 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 conciliation. If the dispute can't be resolved in this way, the Commissioner may undertake formal investigation. The Privacy Commissioner may also immediately proceed to undertake a formal investigation if the suspected contravention in the complaint case is of a serious nature. After completion of an investigation, the Privacy Commissioner will decide whether or not to serve on the data user an enforcement notice to direct the data user to take remedial action or prevent any recurrence of the contravention. Contravention of an enforcement notice is an offence which could result in a fine and imprisonment.

It is an offence for a data user who, having complied with an enforcement notice, intentionally does the same act or makes the same omission specified in the enforcement notice. The Privacy Commissioner may refer the case to the police for investigation and prosecution.

In case you have any enquiry about the functions of the PCPD, please call the PCPD Hotline on 2827 2827.

Date of amendment: 1st April 2013