Political situation
Author: Zheng Baosheng
2020-10-13 21:32
Last update date: 2020-10-13 21:35
Liang Zhenying, vice chairman of the National Committee of the Chinese People's Political Consultative Conference and former chief executive, published the information of 18 teachers who went to court on Facebook today (13th).
Democratic Party Legislative Council Member Xu Zhifeng criticized that this method of disclosing the personal data of the person in the case violates the "Personal Data (Privacy) Ordinance", which stipulates that personal data cannot be used for new purposes without the parties' approval.
Liang Zhenying posted a post on Facebook this morning, detailing the personal information of the past 18 teachers who have gone to court, including their names, ages, schools, cases and charges, and cited media reports as sources of information. Some cases have not yet been concluded.
"Hong Kong 01" checked the information quoted in the post and found one of the teachers who was disclosed as teaching school. The source quoted the "Hong Kong 01" report, and the report did not publish the name of his school.
Liang Zhenying published the information of 18 teachers who have gone to court on Facebook, and some of them have not yet been judged in the case.
Xu Zhifeng: Some teachers who have disclosed information have not been convicted
The incident was fermented on the Internet. Some netizens were dissatisfied with Liang Zhenying's practice. In the afternoon, they called for reporting to Facebook as hate speech and hoped that Facebook would delete the post. As of 7 pm, the post can still be viewed publicly.
Xu Zhifeng issued a press release on the incident, criticizing Liang Zhenying's disclosure of teacher information as "Cultural Revolution criticism." Many of them have not been convicted yet, "but Liang Zhenying has been tried for political purposes."
Some netizens were dissatisfied with Liang Zhenying's practice of disclosing teacher information and initiated a report of hate speech to Facebook, but related posts can still be viewed publicly until the evening.
Refers to the violation of the principle of "no use for new purposes without consent"
He cited the "Data Protection Principles" in Schedule 1 of the Personal Data (Privacy) Ordinance. Principle 1 specifies that personal data must be collected in a lawful and fair manner in all circumstances of the case.
Xu Zhifeng also pointed out that the incident also violated the third principle "Without the prescribed consent of the relevant data subject, personal data shall not be used for new purposes", saying that Liang Zhenying used their personal data for political criticism without the consent of the data subject. New purpose and cause psychological and physical damage to them.
Xu Zhifeng criticized Liang Zhenying's practice of disclosing teacher information, believing that it violated the Personal Data (Privacy) Ordinance and will complain.
(Profile picture)
Xu Zhifeng believes that the guidelines mention the need to consider the reasonable expectations of the parties whose information is disclosed. If the information is more sensitive and harmful to the individual, the disclosure of the information may be illegal.
In addition, if multiple personal data are rearranged and released, causing the person to be wrongly inferred, such as affecting the job position, Xu Zhifeng said it is also illegal.
He said that he would lodge a complaint with the Office of the Privacy Commissioner for Personal Data and does not rule out legal actions such as private prosecutions and injunctions against Leung Chun-ying.
Conflicts and major incidents of the amendments in 2019↓↓
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Summarizing the disclosed information is not illegal barrister: the incident depends on the position of the client
Barrister Lu Weixiong said that if personal information has been made public online or in other ways, it may not be illegal for someone to summarize the information and then display it.
He gave an example: his information has been uploaded to the Bar Association website. Someone summarizes the information without his own consent.
As for this incident, if it is necessary to further study whether it violated the law, Lu Weixiong said that he needs to ask the position of the privacy parties involved, and he cannot comment at this stage.
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