Cop Showing ID Card To Camera Breached Privacy Laws

The Privacy Commissioner said on Tuesday an investigation into an incident involving a police officer displaying a reporter’s ID card in front of a live-recording camera during an anti-government protest last year found that the officer breached privacy laws.

On December 26, an officer at Tai Po Mega Mall demanded to see the ID and press cards of a Stand News reporter covering the protest. He held up the journalists' two press cards to a TV camera, and then did the same with the ID card, for around 40 seconds.

Following an investigation, the watchdog said the officer had used the reporter’s personal data without his consent and his action was not consistent or directly related to the aim of stop-and-searches to verify a reporter’s identity.

In a report, the Privacy Commissioner said the officer had breached a data protection principle listed in the Personal Data (Privacy) Ordinance.

The commissioner recommends the police to revise its Force Procedures Manual to make sure officers are aware of and comply with data protection principles.

The report said the police manual should cover principles stated in the privacy laws, that a data user should only use and disclose personal data for the original purpose of collection, and that they should take steps to make sure the data they hold is protected against unauthorised or accidental access or use.

It called for clear policies and guidelines to make sure frontline officers would protect people’s personal data when they carry out stop and searches.

The Privacy Commissioner also called on the police to boost their training for officers to establish a culture for personal data privacy and enhance their “professional image and service quality.”

In response, police say they accept the findings of the investigation and will follow up on the recommendations proposed by the watchdog.

They also said they had rebuked the officer concerned and will carry out a disciplinary review.

The force said it will review relevant policies and guidelines and enhance training for officers to make sure they understand and abide by the privacy laws.