Privacy Commissioner thanks TKODIV
The Office of the Privacy Commissioner for Personal Data (OPCPD) has thanked Tseung Kwan O Division (TKODIV) over a case in breach of the Personal Data (Privacy) Ordinance.
In the case, a former insurance agent has been fined $1,500 at a Magistracy for failing to erase the personal data that are no longer required, in contravention of the Ordinance.
According to the OPCPD, this is the first conviction under section 26 since enactment of the Ordinance. Under section 26(1) of the Ordinance, a data user, after fulfilling the purpose of collection (including any directly related purpose), should not continue to hold the data for the same purpose and should erase the data. Under section 64(10) of the Ordinance, a data user, who without a reasonable excuse contravenes the Ordinance, commits an offence and is liable on conviction to a fine at Level 3.
TKODIV informed the OPCPD after receiving a report by a member of the public that three boxes of documents were abandoned on a staircase at a housing estate.
Recalling the case, Senior Inspector (SIP) Tse Ping-fai of the Miscellaneous Sub-unit said investigation showed a former insurance agent held the data. The agent had worked in several insurance companies and kept the personal data of over 2,000 clients. Though his insurance agent licence had been suspended, he still kept the documents for future use.
Upon being informed by TKODIV, the OPCPD immediately assigned staff of its Compliance Division to assist in examining documents and handling the case.
SIP Tse credited the success of the case with the close co-operation between the Police and the OPCPD. The Privacy Commissioner for Personal Data has expressed his gratitude in writing to the police officers involved in the investigation of the case.
SIP
Tse with OPCPD officer