HKSAR Privacy Commissioner for Personal Data 香港特別行政區個人資料私隱專員公署
Lorraine Leung Chung Lan v PCPD
HK Administrative Appeals Board, 14-Jun-2018
Ms Leung complains that there might have been unauthorised access to her Asia Miles Ltd account, which she had already terminated, as she was still able to access it. Despit the lack of evidence of any breach, the PCPD wrote to Asia Miles to remind them of data protection requirements. The AAB criticises the PCPD for failing to reframe her complaint to ask whether Asia Miles is keeping information longer than necessary under DPP2(2) and sends the case back to PCPD for review.
HK Administrative Appeals Board, 14-Jun-2018
Ms Leung complains that there might have been unauthorised access to her Asia Miles Ltd account, which she had already terminated, as she was still able to access it. Despit the lack of evidence of any breach, the PCPD wrote to Asia Miles to remind them of data protection requirements. The AAB criticises the PCPD for failing to reframe her complaint to ask whether Asia Miles is keeping information longer than necessary under DPP2(2) and sends the case back to PCPD for review.
Jeff Cheung Moon Hoi v Administrative Appeals Board
HK Court of Appeal, 22-Jul-2016
Leave to appeal to the Court of Final Appeal is refused.
HK Court of Appeal, 22-Jul-2016
Leave to appeal to the Court of Final Appeal is refused.
Jeff Cheung Moon Hoi v Administrative Appeals Board
HK Court of Appeal, 2-Jun-2016
The court rules that Mr Cheung, who seeks to appeal out of time, does not have any reasonable prospect of success, so it rejects the application.
HK Court of Appeal, 2-Jun-2016
The court rules that Mr Cheung, who seeks to appeal out of time, does not have any reasonable prospect of success, so it rejects the application.
HK journalists, academics fear new requirement when using online companies register
South China Morning Post, 2-May-2016
South China Morning Post, 2-May-2016
Cheung Moon Hoi v Administrative Appeals Board
HK Court of First Instance, 11-Nov-2015
Mr Cheung fails in his application for judicial review of the AAB's decision to award costs against him for frivolous or vexatious conduct in his appeal of a PCPD decision. The same Deputy Chairman had also presided in an appeal by Mr Cheung's wife, Jessie Yung Mei Chun.
HK Court of First Instance, 11-Nov-2015
Mr Cheung fails in his application for judicial review of the AAB's decision to award costs against him for frivolous or vexatious conduct in his appeal of a PCPD decision. The same Deputy Chairman had also presided in an appeal by Mr Cheung's wife, Jessie Yung Mei Chun.
AAB rejects Webb-site appeal of redaction order
In a chilling decision for media freedom in HK, the AAB has rejected our appeal of the Privacy Commissioner's order to remove from Webb-site Reports information obtained from published judgments, ruling that "reporting and publication for general use" is not an allowed purpose. Constitutional aspects, such as the necessity of a restriction on free speech that does not apply to overseas online publishers, were barely covered. We look at the consequences and options. (30-Oct-2015)
In a chilling decision for media freedom in HK, the AAB has rejected our appeal of the Privacy Commissioner's order to remove from Webb-site Reports information obtained from published judgments, ruling that "reporting and publication for general use" is not an allowed purpose. Constitutional aspects, such as the necessity of a restriction on free speech that does not apply to overseas online publishers, were barely covered. We look at the consequences and options. (30-Oct-2015)
HK privacy watchdog’s order to remove names from website would create an ‘Orwellian memory hole’, says market analyst
South China Morning Post, 13-Jul-2015
South China Morning Post, 13-Jul-2015
Webb to defend HK media freedom in landmark appeal
In a public hearing on 13-Jul-2015, Webb-site's founder, editor and publisher will appeal against an Enforcement Notice issued by the Privacy Commissioner which, if upheld, would have wide-ranging implications for freedom of speech and publication in HK and access to media archives of HK-based publishers. (4-Jul-2015)
In a public hearing on 13-Jul-2015, Webb-site's founder, editor and publisher will appeal against an Enforcement Notice issued by the Privacy Commissioner which, if upheld, would have wide-ranging implications for freedom of speech and publication in HK and access to media archives of HK-based publishers. (4-Jul-2015)
Wanted: Privacy Commissioner
South China Morning Post, 10-Feb-2015
Job requirements: must (1) understand the difference between private and public data; (2) not be a technophobic Luddite; and (3) get on well with Gregory So.
South China Morning Post, 10-Feb-2015
Job requirements: must (1) understand the difference between private and public data; (2) not be a technophobic Luddite; and (3) get on well with Gregory So.
The right to remember: keeping public data public
The slides from a speech by Webb-site founder David Webb to the AGM of the Hong Kong Library Assocation tonight. (5-Dec-2014)
The slides from a speech by Webb-site founder David Webb to the AGM of the Hong Kong Library Assocation tonight. (5-Dec-2014)
Freedom of Speech v Privacy - can public domain information be private?
These are the slides of a presentation by Webb-site founder David Webb to a Year 12 (Form 6) school class today. (25-Nov-2014)
These are the slides of a presentation by Webb-site founder David Webb to a Year 12 (Form 6) school class today. (25-Nov-2014)
PCPD not answering our calls
After blogging about parts of an "intemperate grilling" from the Commerce and Economic Development Bureau over his call for a do-not-call person-to-person register, igniting public debate, the Privacy Commissioner has now refused our request, under the Code on Access to Information, for copies of the CEDB's letter and his reply letter, citing a lack of public interest. He can't have it both ways. (5-Sep-2014)
After blogging about parts of an "intemperate grilling" from the Commerce and Economic Development Bureau over his call for a do-not-call person-to-person register, igniting public debate, the Privacy Commissioner has now refused our request, under the Code on Access to Information, for copies of the CEDB's letter and his reply letter, citing a lack of public interest. He can't have it both ways. (5-Sep-2014)
The right to remember
In the wake of ECJ's Google v Spain ruling, we publish a letter from the UK Information Commissioner regarding the sanctity of newspaper archives, and then look at the unintended and dangerous consequences of the ECJ's ruling. You really don't have a right to make other people forget, and you do have a right to remember. (20-Jun-2014)
In the wake of ECJ's Google v Spain ruling, we publish a letter from the UK Information Commissioner regarding the sanctity of newspaper archives, and then look at the unintended and dangerous consequences of the ECJ's ruling. You really don't have a right to make other people forget, and you do have a right to remember. (20-Jun-2014)
Anthony Chua Chi Hing v PCPD
HK Administrative Appeals Board, 10-Jun-2014
After an investigation, the PCPD decided not to issue an enforcement notice after Manulife remedied its earlier failure to provide a medical report to Mr Chua. Having also provided the full underwriting report, there was no evidence that Manulife had withheld personal data. The appeal against the PCPD's decision was dismissed.
HK Administrative Appeals Board, 10-Jun-2014
After an investigation, the PCPD decided not to issue an enforcement notice after Manulife remedied its earlier failure to provide a medical report to Mr Chua. Having also provided the full underwriting report, there was no evidence that Manulife had withheld personal data. The appeal against the PCPD's decision was dismissed.
Michelle Yeung Sze Man v PCPD
HK Administrative Appeals Board, 7-Apr-2014
The appellant succeeds in getting the PCPD to continue investigation of her complaint. One of her former employers, American International School, claims to have deleted the reference it provided to a prospective employer, Eagle Group International Ltd, but Eagle Group says that AIS prohibits it from disclosing the reference. The AAB says "AIS cannot be allowed to blow hot and cold at the same time." Result: when a former employer gives a reference, it should expect the subject to have access to it under the PDPO.
HK Administrative Appeals Board, 7-Apr-2014
The appellant succeeds in getting the PCPD to continue investigation of her complaint. One of her former employers, American International School, claims to have deleted the reference it provided to a prospective employer, Eagle Group International Ltd, but Eagle Group says that AIS prohibits it from disclosing the reference. The AAB says "AIS cannot be allowed to blow hot and cold at the same time." Result: when a former employer gives a reference, it should expect the subject to have access to it under the PDPO.
Magazines dispute privacy orders over nude and intimate photos of TVB stars
South China Morning Post, 19-Mar-2014
South China Morning Post, 19-Mar-2014
Face Magazine Ltd v PCPD
HK Administrative Appeals Board, 6-Jan-2014
The AAB upholds the decision of the Privacy Commissioner in the complaints of actors Wong Ho (aka Vincent Wong Ho Shun) and Yoyo Chen Chi Yiu against the magazine, which had published intimate pictures of them in their home, taken with a telephoto lens from a hillside footpath which was not open to the public. The personal data (the photos) had been collected by unfair means, contravening Data Protection Principle 1(2).
HK Administrative Appeals Board, 6-Jan-2014
The AAB upholds the decision of the Privacy Commissioner in the complaints of actors Wong Ho (aka Vincent Wong Ho Shun) and Yoyo Chen Chi Yiu against the magazine, which had published intimate pictures of them in their home, taken with a telephoto lens from a hillside footpath which was not open to the public. The personal data (the photos) had been collected by unfair means, contravening Data Protection Principle 1(2).
Sudden Weekly Ltd v PCPD
HK Administrative Appeals Board, 6-Jan-2014
The AAB upholds the decision of the Privacy Commissioner in the complaint of actor Bosco Wong Chung Chak Wong Ho against the magazine, which published pictures of him and Myolie Wu Hang Yee in his home, taken with a telephoto lens from about 1000 metres away. The personal data (the photos) had been collected by unfair means, contravening Data Protection Principle 1(2). The AAB decision is brief, because it directly follows decision in Face Magazine AAB5/2012, handed down on the same day.
HK Administrative Appeals Board, 6-Jan-2014
The AAB upholds the decision of the Privacy Commissioner in the complaint of actor Bosco Wong Chung Chak Wong Ho against the magazine, which published pictures of him and Myolie Wu Hang Yee in his home, taken with a telephoto lens from about 1000 metres away. The personal data (the photos) had been collected by unfair means, contravening Data Protection Principle 1(2). The AAB decision is brief, because it directly follows decision in Face Magazine AAB5/2012, handed down on the same day.
Jessie Yung Mei Chun v Privacy Commissioner
HK Administrative Appeals Board, 20-Nov-2013
Jessie Yung Mei Chun fails in her appeal against the PCPD's decision not to pursue a complaint about the use of various addresses by Mr Chan Sing Chuen in an attempt to enforce a judgment against her.
HK Administrative Appeals Board, 20-Nov-2013
Jessie Yung Mei Chun fails in her appeal against the PCPD's decision not to pursue a complaint about the use of various addresses by Mr Chan Sing Chuen in an attempt to enforce a judgment against her.
Jessie Yung Mei Chun v Privacy Commissioner
HK Administrative Appeals Board, 5-Sep-2013
This is possibly a record in which 3 appeals by the same person were to be heard in one go, although one was immediately dropped.
HK Administrative Appeals Board, 5-Sep-2013
This is possibly a record in which 3 appeals by the same person were to be heard in one go, although one was immediately dropped.
Re Hui Kee Chun
HK Court of Appeal, 24-Apr-2013
The Court of Appeal declines to grant leave to appeal to the Court of Final Appeal.
HK Court of Appeal, 24-Apr-2013
The Court of Appeal declines to grant leave to appeal to the Court of Final Appeal.
James Fu Lok Man v Privacy Commissioner for Personal Data
HK Administrative Appeals Board, 16-Apr-2013
James Fu complained to the PCPD that the Companies Registry had disclosed his name as the complainant regarding the deregistration by his brother George of a family company, Coronet Leather Ware Co Ltd. The AAB held that in the circumstances, disclosure to George Fu was proper and DPP3 was not breached, so James's complaint against the PCPD is unsubstantiated. However, the AAB also found that the Companies Registry should not have disclosed James' identity by copying the letter to third parties.
HK Administrative Appeals Board, 16-Apr-2013
James Fu complained to the PCPD that the Companies Registry had disclosed his name as the complainant regarding the deregistration by his brother George of a family company, Coronet Leather Ware Co Ltd. The AAB held that in the circumstances, disclosure to George Fu was proper and DPP3 was not breached, so James's complaint against the PCPD is unsubstantiated. However, the AAB also found that the Companies Registry should not have disclosed James' identity by copying the letter to third parties.
PCPD statement on shelving legislative proposals on Companies Registry
HK Privacy Commissioner for Personal Data, 2-Apr-2013
HK Privacy Commissioner for Personal Data, 2-Apr-2013
Jessie Yung Mei Chun v Privacy Commissioner
HK Administrative Appeals Board, 9-May-2012
Presiding chairman Yung Yiu Wing rules that the PCPD cannot investigate itself, and the latest appeals of Jessie Yung Mei Chun are dismissed.
HK Administrative Appeals Board, 9-May-2012
Presiding chairman Yung Yiu Wing rules that the PCPD cannot investigate itself, and the latest appeals of Jessie Yung Mei Chun are dismissed.
Investigation Report: Unfair Collection of Two Artistes' Personal Data by Face Magazine Ltd
HK Privacy Commissioner for Personal Data, 28-Mar-2012
HK Privacy Commissioner for Personal Data, 28-Mar-2012
Investigation Report: Unfair Collection of an Artiste's Personal Data by Sudden Weekly Ltd
HK Privacy Commissioner for Personal Data, 28-Mar-2012
HK Privacy Commissioner for Personal Data, 28-Mar-2012
Re Hui Kee Chun
HK Court of First Instance, 23-Dec-2011
Mr Hui belatedly seeks leave to apply for judicial review against the decisions of the PCPD, the AAB and the magistrates. His application is refused.
HK Court of First Instance, 23-Dec-2011
Mr Hui belatedly seeks leave to apply for judicial review against the decisions of the PCPD, the AAB and the magistrates. His application is refused.
Jessie Yung Mei Chun v Privacy Commissioner
HK Administrative Appeals Board, 24-Aug-2011
Andrew Mak Yip Shing, for the AAB, rejects the appeal. Jessie Yung Mei Chun had applied for correction of alleged personal data in a termination letter and in a filing by Merrill Lynch with the SFC. The AAB rules that the employer's assessment of an employee is the employer's data, not the employee's personal data, and that in any event, the PCPD and AAB should not get involved in such matters which are covered by other legislation.
HK Administrative Appeals Board, 24-Aug-2011
Andrew Mak Yip Shing, for the AAB, rejects the appeal. Jessie Yung Mei Chun had applied for correction of alleged personal data in a termination letter and in a filing by Merrill Lynch with the SFC. The AAB rules that the employer's assessment of an employee is the employer's data, not the employee's personal data, and that in any event, the PCPD and AAB should not get involved in such matters which are covered by other legislation.
Jessie Yung Mei Chun v Privacy Commissioner
HK Administrative Appeals Board, 12-Jan-2011
In a majority AAB decision, Andrew Mak Yip Shing upholds Merrill Lynch's claim to legal professional privilege over a report relating to former employee Jessie Yung Mei Chun by its Office of General Counsel, and that it therefore does not have to be provided in response to her data access request. Simon Lam Ken Chung, in the minority, opines that the report does not seem to provide any legal advice or assistance and is therefore not protected just because it was written by a lawyer.
HK Administrative Appeals Board, 12-Jan-2011
In a majority AAB decision, Andrew Mak Yip Shing upholds Merrill Lynch's claim to legal professional privilege over a report relating to former employee Jessie Yung Mei Chun by its Office of General Counsel, and that it therefore does not have to be provided in response to her data access request. Simon Lam Ken Chung, in the minority, opines that the report does not seem to provide any legal advice or assistance and is therefore not protected just because it was written by a lawyer.
Former Administrative Officer appointed as Privacy Commissioner, replacing senior lawyer
HK Government, 24-Jul-2010
HK Government, 24-Jul-2010
Hui Kee Chun v PCPD
HK Court of Appeal, 22-Jul-2009
The Court of Appeal dismisses Mr Hui's application for leave to go to the Court of Final Appeal.
HK Court of Appeal, 22-Jul-2009
The Court of Appeal dismisses Mr Hui's application for leave to go to the Court of Final Appeal.
Hui Kee Chun v PCPD
HK Court of Appeal, 2-Dec-2008
Mr Hui fails in his application for a stay of execution of the judgment of the Court of First Instance.
HK Court of Appeal, 2-Dec-2008
Mr Hui fails in his application for a stay of execution of the judgment of the Court of First Instance.
Hui Kee Chun v PCPD
HK Court of First Instance, 30-Nov-2007
Mr Hui unsuccessfully appeals against the Master's decision of 11-Jul-2007 to strike out his claim against the Privacy Commissioner for "annoyance, frustration, nervousness, anxiety and depression".
HK Court of First Instance, 30-Nov-2007
Mr Hui unsuccessfully appeals against the Master's decision of 11-Jul-2007 to strike out his claim against the Privacy Commissioner for "annoyance, frustration, nervousness, anxiety and depression".
Hui Kee Chun v PCPD
HK Court of First Instance, 10-Jan-2007
The Registrar refuses the PCPD's application to strike out Mr Hui's claim, but orders that it be stayed until the Administrative Appeals Board has made its determination of the appeal.
HK Court of First Instance, 10-Jan-2007
The Registrar refuses the PCPD's application to strike out Mr Hui's claim, but orders that it be stayed until the Administrative Appeals Board has made its determination of the appeal.
Eastweek Publisher Ltd & Eastweek Ltd v PCPD
HK Court of Appeal, 28-Mar-2000
The Court of Appeal quashes the Enforcement Notice, pointing out that photographs taken and published of people whom the publisher does not identify (or even know the identity of) are not "personal data" within the meaning of the PDPO. The fact that people who already know the person can recognise them in the photos does not mean that the publisher has identified them; the reader has.
HK Court of Appeal, 28-Mar-2000
The Court of Appeal quashes the Enforcement Notice, pointing out that photographs taken and published of people whom the publisher does not identify (or even know the identity of) are not "personal data" within the meaning of the PDPO. The fact that people who already know the person can recognise them in the photos does not mean that the publisher has identified them; the reader has.
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