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The\u00a0Code of Practice on the Identity Card Number and other Personal Identifiers<\/a>\u00a0and its\u00a0compliance guide for data users<\/a>\u00a0(issued by the Privacy Commissioner’s Office) came into force on 19 December 1998 . Any breach of the Code may be used as evidence in any legal proceedings relating to the Ordinance against the relevant data user.<\/p>\n The Code gives practical guidance to data users on the application of the Ordinance in relation to the collection, accuracy, retention, use and security of: (a) identity card (“ID card”) numbers and copies of ID cards; and (b) other personal identifiers that uniquely identify individuals, e.g. passport numbers, employee\/staff numbers, examination candidate numbers and patient numbers.<\/p>\n Where a data user has collected an ID card number or copy of an ID card for a purpose allowed under the Code, the data should generally be used ONLY for that purpose. The records of ID card numbers or ID card copies should not be kept for longer than is necessary to fulfill the purpose for which they were collected.<\/p>\n Data users should also implement adequate security safeguards for data that they hold or transmit. Specifically, the Code requires that a copy of an ID card in paper form should be marked “copy” across the image of the ID card. Records of ID card numbers and ID card copies should also be treated as confidential documents which should be kept in locked cabinets or secure areas when they are not in use.<\/p>\n Due to advances in easy-to-use technology and lower costs, fingerprint data for personal identification has been put to use for purposes other than the investigation of crime. To regulate the use of this sensitive personal data, the Commissioner revised the note entitled\u00a0Guidance on Collection of Fingerprint Data<\/a>\u00a0in May 2012.<\/p>\n NOTE:<\/strong><\/p>\n The above questions and answers only highlight the general points of the\u00a0Code<\/a>. For further information, please refer to the whole content of the Code on the\u00a0PCPD webpage<\/a>\u00a0. It is recommended that you contact the PCPD or consult a lawyer if you have any queries about the Code.<\/p>\n ID card number<\/strong><\/p>\n Unless authorized by law, no data user may compel an individual to provide his or her ID card number.\u00a0A data user may request an individual to provide his or her ID card number under the circumstances where the collection of the ID card number is permitted by the Code. The following list contains some daily examples (this is not an exhaustive list):<\/p>\n ID card copy<\/strong><\/p>\n Again, no data user may compel an individual to provide a copy of his or her ID card unless authorized by law. A data user may request an individual to provide a copy of his or her ID card under the circumstances where the collection of the copy is permitted by the Code. The following list contains some daily examples (this is not an exhaustive list):<\/p>\n Collection of copies of ID cards is specifically NOT permitted in the Code under the following circumstances:<\/strong><\/p>\n This depends on whether the monitoring of your activities inside the building is feasible or not (e.g. is it feasible to arrange a security guard to accompany you inside the building). If this is feasible, the security staff should not collect your ID card number. If such monitoring is not feasible, they are allowed to collect your ID card number.<\/p>\n However, the security staff should take appropriate security measures to ensure that such entries in a visitors’ log book are concealed from subsequent visitors who enter their details. If you are unwilling to provide your ID card number, you can suggest other alternatives. Examples of such alternatives include identification by another identification document (e.g. a staff card), or identification by someone known to the security staff (e.g. by a resident in the case of a residential building).<\/p>\n It is recommended by the Privacy Commissioner’s Office that in normal circumstances, entries in the visitor log book can be retained for a period of not more than one month. If there are any valid grounds justifying a longer retention period (e.g. where the records are required for evidentiary purposes or to assist a police investigation of detected or reported unlawful activities), the security staff can retain the data for more than one month. For more guidelines on this matter, please refer to the PCO’s publication ”\u00a0Personal Data Privacy: Guidance on Property Management Practices<\/a>\u00a0“.<\/p>\n A request to show your ID card, without the requester making a record of any information on the card, is not covered by the Code. Generally, however, if police officers or other public officers (e.g. an immigration officer) ask to record your ID card number in your dealings with them, you should let them do so, as these officers have statutory powers to require individuals to furnish their ID card numbers in dealings with the Government.<\/p>\n For further information about the power the police have to check ID cards, please go to another topic\u00a0Police and Crime<\/a>\u00a0under the CLIC website.<\/p>\n In order to check whether you have applied for or held a position in the company before, the prospective employer can collect your ID card number. However, a copy of your ID card should not be collected unless and until you become an employee of that company.<\/p>\n Yes, as a copy of your ID card is evidence of your employer’s compliance with the requirements of the\u00a0Immigration Ordinance<\/a>\u00a0to inspect your ID card before employing you. However, companies are required by the Code to mark the word “copy” across the image of copies of ID cards to reduce the chance for misuse and abuse.<\/p>\n Generally speaking, collection of ID card numbers of its members by a membership club may be permitted under the Code to enable the club management to check membership. However, there appears to be no justification to collect copies of members’ ID cards.<\/p>\n These companies operate on the basis of deferred payment (i.e. customers are usually required to make monthly payment after using their services). Hence, they require a means of proving the identity of their customers in order to obtain payment. Moreover, they face the problem that the services concerned are not provided to a fixed location. On the other hand, there have been a number of reported cases of individuals fraudulently obtaining such services using another person’s name and address, and of the salespersons opening accounts for fictitious persons to defraud their company. For these reasons, the collection of the ID card numbers and copies of the ID cards is generally justified under the Code. However, these companies should mark the word “copy” across the image of the copies.<\/p>\n Yes, because they are required to do this under the guidelines issued by the relevant regulatory bodies. These requirements have been endorsed by the Privacy Commissioner. However, the word “copy” should be marked across the image of the copies of their customers’ ID cards.<\/p>\n The Code requires organizations or persons (the data users), before recording an ID card number, to consider alternatives that are less privacy intrusive. If you are not happy about a request to provide your ID card number, suggest to the requestor\/data user alternatives that are reasonable and acceptable to you. For example, try to arrange for identification of yourself by someone else who is already known to the organization.\u00a0An organization may be contravening the Code if it refuses to accept an alternative without a good explanation.<\/p>\n Compared to ID card numbers, stricter limits are imposed on the collection of ID card copies because of the greater dangers they carry in relation to possible fraud or other misuse. Generally speaking, this gives you greater justification in querying a request to provide a copy of your ID card.<\/p>\n The Code generally requires the data users to mark photocopies of ID cards they keep with the word “copy”. This marking should be made across the entire image of the ID card. The only exception to this marking requirement you are likely to encounter is where the photocopy is going to be converted into some other form, e.g. microfilm.<\/p>\n If you provide a photocopy of your ID card in person to a data user, you can insist that it must be marked “copy” in your presence.<\/p>\n Unless otherwise required or permitted by law, data users should ensure that an ID card number and the name of the holder are not displayed together publicly.<\/p>\n One common situation in which a breach of the above requirement may occur is the publication of notices including individuals’ names and ID card numbers in a newspaper (e.g. notices carrying the result of a lucky draw or a competition). Another is the display of notices containing individuals’ names and ID card numbers on a notice board in places such as a school, an office, or the lobby of a residential building. A further one is the inadvertent disclosure of the names and ID card numbers of visitors to subsequent visitors to a building in a visitors’ log-book.<\/p>\n Where you encounter a situation such as those described above, ask the organization\/data user to stop displaying or disclosing those data (or else to justify the display\/disclosure). An organization is likely to have contravened the Code if it cannot provide good justification.<\/p>\n In general, the requirements of the Code in relation to\u00a0ID card numbers\u00a0also apply to other personal identifiers. In other words, other personal identifiers may be collected only under the circumstances and by the means permitted for ID card numbers and are subject to similar requirements as regards retention and use.<\/p>\n However, the above does not apply to the collection or use of such other personal identifiers for a purpose that is directly related to the functions and activities of the person that assigned the identifier to the individuals concerned. For example, a staff number may be collected and used for purposes directly related to the functions or activities of the employer that assigned the number, such as managing employee records and the payment of employee salaries.<\/p>\n Data users that assign personal identifiers to individuals should take all reasonably practicable steps to ensure the security of the system under which this is done. Such steps should include security measures to safeguard against the unauthorized assignment of the identifier or production of any document (e.g. the unauthorized production of a staff card with a false staff number printed on it).<\/p>\n Please read the answer provided by the\u00a0PCPD website<\/a>\u00a0.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Consumer Contracts” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] III. Use of ID card numbers and ID card copies [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] The\u00a0Code of Practice on the Identity Card Number and other Personal Identifiers\u00a0and its\u00a0compliance guide for data users\u00a0(issued by […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[26,36,29],"tags":[],"class_list":["post-593","post","type-post","status-publish","format-standard","hentry","category-daily-lives-legal-issues","category-data-subject-of-personal-data","category-topics"],"yoast_head":"\n1. Generally speaking, under what circumstances can a person ask me to provide my ID card number or ID card copy?<\/h3>\n
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2. Can the security staff of a building ask me to enter my ID card number in a visitors’ log book at the entrance of a building?<\/h3>\n
3. Can a police officer ask me to show him\/her my ID card?<\/h3>\n
4. Can a prospective employer record my ID card number or collect a copy of my ID card when I attend a job interview?<\/h3>\n
5. If I have accepted an employment offer, can my employer collect a copy of my ID card?<\/h3>\n
6. Can a club ask me to provide my ID card number and a copy of my ID card if I apply to be a member?<\/h3>\n
7. Can companies providing mobile phone services record my ID card number or collect a copy of my ID card if I apply for their services?<\/h3>\n
8. Can banks\/insurance companies collect a copy of my ID card when I apply to be their customer?<\/h3>\n
9. What should I be aware of before I provide my ID card number or ID card copy to other persons?<\/h3>\n
10. Under what circumstances can a person ask me to provide other personal identifiers (e.g. staff number, passport number or patient number)?<\/h3>\n
11. Complaint Case Notes from the PCPD \u2013 A property management company collected identity card numbers of residents who were applying for electronic entrance cards gaining access to the building. Is this viewed as an excessive collection of personal data?<\/h3>\n