Since the "An Xin Incident" broke out in April 2019, Huang Xinying and Xu Zhian have been in the bottom of their careers and images.
However, the evidence fragment of the two people's unethical relationship, from the dash cam of the taxi, is actually related to the personal privacy of the passengers.
However, to this day, there are still many privacy-related videos on the Internet. For example, a couple’s conversation recently circulated in a Facebook group. The male protagonist said that taking a 18P bus home is better than taking a taxi. He complained about why his girlfriend should choose. There was no illegal or indecent content in the taxis, but they were all made public by the drivers on the Internet, which caused a heated discussion among netizens about the privacy of taxi passengers.
Du Shentang, director of the Taxi Drivers Branch of the Automobile Transportation Industry Federation, said that although the uploading of videos by taxi drivers is personal freedom, the behavior has violated the privacy of passengers and violated the traffic-related provisions of the Privacy Ordinance.
He infers that the driver uploads the video only for a short time. "He thinks he is so prestigious and unpleasant. He has first-hand information."
On the Facebook group "Mortgage Deduction and Tax Sharing Zone" on the Facebook group yesterday, netizens posted a video about a bicycle recorder.
In the clip, the man constantly complains that his girlfriend spends money on taxis, and emphasizes that he can choose to take a bus or drive home.
"(Keeping a car) 4,500 mosquitoes for a month, can you estimate it? Well, I can’t drink alcohol, I’ll take a taxi so I can take a taxi, and there is 18P to return to Kennedy Town directly. Taxi?" During the period, his girlfriend kept trying to hold his hand to comfort him, but he refused, saying, "I don't want to laugh." His girlfriend remained silent by the side.
And the subject of the post is "Do you know our financial situation is good or healthy?", the man in the criticized clip is more verbose than the housewife, described as a man's shame, and even more teasing, "In fact, if you don't have money, you don't want to keep a car. ".
In less than a day, the clip has received more than 1,200 likes and more than 600 responses, and has been reposted to many different Facebook groups.
However, many netizens left messages accusing the uploader of professional misconduct, and wondered why the couple quarreled, and they were also put on the Internet for "public trial."
Xu Zhian and Huang Xinying's reputation plummeted because of the "An Xin Incident" that broke out two years ago.
(Instagram/@jacquelinebwong)
If the person concerned does not pursue the Office of the Privacy Commissioner for "inability to do anything"
In fact, the "stealing" footage of artists Huang Xinying and Xu Zhian is suspected of being photographed in the taxi compartment.
The Privacy Commissioner Huang Jier said at the time that he had written to the company of the victim in the incident, but the other party replied that he "hoped to lower the incident."
Huang also pointed out that since the truth of the incident is unclear, the law does not grant more rights to the Office for follow-up. If the person concerned does not pursue the matter, the Office is "powerless."
"Hong Kong 01" asked the Office of the Privacy Commissioner for Personal Data of Hong Kong again regarding this incident, and was replied that the Office did not comment on individual incidents.
Generally speaking, taxis are relatively small vehicles, and video recording devices are installed in the small spaces of the taxi compartments. The images and recordings of the passengers have a greater chance of confirming the personal identity of the passengers. Recognition, or the recorded images can be used to identify the person concerned, and the relevant behavior may constitute the collection of personal information.
The PCPD specifically put forward two points, saying that drivers must inform passengers that the CCTV recording function has been activated in a practicable way, such as posting conspicuous notices in conspicuous positions in the carriage to remind passengers.
In addition, unless the passenger's voluntary and explicit consent is obtained, the relevant images cannot be used for purposes other than the purpose of collecting data (including disclosure on the Internet).
The Commissioner’s Office stated that anyone who suspects that the privacy of his personal data has been infringed can make enquiries or complaints to the Office of the Privacy Commissioner.
Since last year, the Privacy Office has received four related complaints.
Du Shentang said that the uploading of dash cam videos by taxi drivers is personal freedom and it is difficult for the union to stop it.
(Information Picture/Photographed by Zhang Haowei)
Taxi union urges drivers to think twice before uploading videos to avoid violating the "Privacy Ordinance"
Du Shentang, director of the Taxi Drivers Branch of the Automobile and Transportation Industry Federation, said that it is personal freedom for taxi drivers to upload dashcam videos and it is difficult for the union to stop them. Therefore, he urged drivers to think twice before uploading videos.
He said frankly that in the past, some taxi drivers were accused of uploading footage of passengers, and they needed to apologize and settle in the end, which even affected the public's impression of the taxi industry.
Du used himself as an example to point out that a passenger was overly sensitive and accused him of being secretly photographed by his dash cam, but the camera was actually taking pictures of the road.
He reiterated that uploading the video had violated the privacy of passengers, and believed that the driver was only for a short time.
Du Xuxu pointed out that the original intent of the driving recorder was to record evidence. If a dispute arises between the driver and the passenger, it can be used as a court certificate for use.
He also pointed out that uploading videos without the passenger’s consent does violate the traffic-related provisions of the Privacy Ordinance. However, law enforcement agencies such as traffic police do not have clear guidelines and rarely ask drivers to obtain footage of the dash cam. So it becomes a gray area.
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