Tighten Searches｜Privacy Department confirms that there is no violation of the search records. Two companies have received registration complaints without classification in recent years

01 Investigation

Written by: Li Yinglin

2021-04-01 07:00

Last update date: 2021-04-01 07:00

The government intends to tighten company searches and gradually prohibit the public from checking the addresses and complete ID numbers of company directors and secretaries through a "trilogy" approach.

Chief Executive Carrie Lam Cheng Yuet-ngor pointed out when meeting with the media yesterday that the tightening of the search is to protect personal privacy.

The Office of the Privacy Commissioner for Personal Data replied that the current company search arrangements did not violate the Personal Data (Privacy) Ordinance.

The Commissioner’s Office believes that “personal data has been weaponized” since mid-2019, and the number of “beginning” complaints has increased. It welcomes measures to strengthen the protection of personal privacy, but there are no complaints about personal data being “beginned” for company searches. digital.

In other words, it is not known how many "prime" cases are related to company searches.

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In 2010, the Bureau of Finance and Treasury proposed to amend the Companies Ordinance, including allowing company directors and secretaries to apply to the Companies Registry, and prohibiting the public from the addresses and complete ID numbers of relevant persons.

The ban on investigations aroused opposition from many sectors, and as a result it hit the rocks in 2013 and has been suspended until now.

The Privacy Department confirms that the current search does not violate the Privacy Ordinance

In response to media enquiries, the Office of the Privacy Commissioner for Personal Data stated that the Companies Registry must allow the public to inspect the documents submitted by the company in accordance with the current Companies Ordinance, including the director’s address and identity card number. It did not violate the "Personal Data (Private) Hidden) Regulations.

The Commissioner’s Office also pointed out at that time that unrestricted access to the public would enable unrelated third parties to obtain such information. It believed that "the Registrar of Companies will only grant access to certain categories of persons after making an application." Make the data subject get better protection.

In response to media enquiries in 2013, the Office of the Privacy Commissioner for Personal Data stated that allowing the public to inspect the documents submitted by the company, including the director’s address and identity card number, did not violate the Personal Data (Privacy) Ordinance.

(Webpage of the Companies Registry)

Privacy Department: Believe that the government balances privacy and search services

Eight years later, "Hong Kong 01" was the second government's tightening of company search arrangements, and inquiries were made to the PCPD.

The PCPD confirmed that it maintains the statement that "the current company search does not violate the Personal Data (Privacy) Ordinance" in 2013.

However, the Commissioner’s Office stated that since mid-2019, "personal data has been weaponized" and the behavior of "removal" has attracted public attention. From June 2019 to the end of 2020, the Commissioner's Office has processed more than 5,400 cases related to "recession". Welcome to strengthen measures to protect personal privacy.

The PCPD also stated that "I believe the government will strike a balance between protecting the privacy of personal data and providing company register search services." It is also working with the government to study specific proposals for amending the "Privacy Ordinance" to combat more targeted " Beginning" behavior.

The Office of the Privacy Commissioner for Personal Data believes that the current company search does not violate the Personal Data (Privacy) Ordinance, but points out that the number of cases has increased since mid-2019. Therefore, it welcomes strengthening measures to protect personal privacy.

(Data Picture/Photographed by Lin Ruoqin)

Gradually tighten the search after "anti-amendment regulations"

After the anti-amendment incident broke out in 2019, the government and the Office of the Privacy Commissioner for Personal Data have stated on many occasions that they believe that the public register can be a source of relevant information for those who "start". The government has since gradually tightened the birth certificate, marriage certificate and The search arrangements for vehicle registrations are now being searched by the company.

It is repeatedly said that the public register helps to get the bottom of the privacy department: there is no classification of the bottom number

According to media reports in 2013, the Commissioner’s Office replied that it had received a complaint about the disclosure of personal data by the Companies Registry in 2011 and 2012. One of them had no prima facie evidence that could not be followed up; the complainant of the other withdrew Complaint.

However, the Office of the Commissioner’s Office now replied that the above two complaints should have nothing to do with the "beginning", and now only the number of "beginning" complaints has no further classification.

In other words, it is still unknown how many of the nearly 1,000 "beginning" complaints in 2019 and 2020 were related to company searches.

According to a report on the public register published by the Office of the Commissioner’s Office in 2015, it is recommended that the government provide sensitive personal information such as identification document numbers and addresses through the public register, and consider disclosing the information in a less privacy-intrusive manner, such as providing only part of the information. The relevant proposal for the document number and correspondence address of the certificate is similar to the current government tightening of search arrangements.

The PCPD also pointed out that when the government rewritten the Companies Ordinance in the early years, it had already reflected to the government its views on protecting the privacy of personal data.

Tighten the search ︱ ban on checking the company’s director’s ID card address, hindering the dispatch of litigation subpoenas, affecting investment and merger

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