XN000022-1994-08-04 — Page 7

THURSDAY, AUGUST 4, 1994

FOR

THE PRIVACY COMMISSIONER'S APPROVAL SHOULD BE REQUIRED INVESTIGATIVE DATA MATCHING PROGRAMMES INVOLVING THE COMPARISON OF DATA TO IDENTIFY DISCREPANCIES WITH A VIEW TO TAKING ADVERSE FOLLOW-UP ACTION.

PERSONAL DATA USED FOR CERTAIN PURPOSES SHOULD BE EXEMPT FROM SOME OR ALL OF THESE REQUIREMENTS. THE ONLY TOTAL EXEMPTION RECOMMENDED IS FOR PERSONAL DATA USED BY AN INDIVIDUAL SOLELY FOR PERSONAL OR DOMESTIC PURPOSES. PARTIAL EXEMPTIONS ARE RECOMMENDED FOR DATA PURPOSES SUCH AS THE DETECTION OF CRIME AND PUBLIC SAFETY.

THE COMMISSION'S REPORT IS THE RESULT OF OVER FOUR YEARS' WORK BY THE COMMISSION AND A SUB-COMMITTEE CHAIRED BY MR JUSTICE MORTIMER.

THE SUB-COMMITTEE PUBLISHED INITIAL PROPOSALS FOR CONSULTATION IN MARCH 1993.

THE COMMISSION'S REPORT FOLLOWS DETAILED CONSIDERATION OF THE COMMENTS MADE TO THE SUB-COMMITTEE.

COMMENTS WERE RECEIVED FROM A WIDE RANGE OF ORGANISATIONS, INCLUDING GOVERNMENT DEPARTMENTS, BUSINESS CORPORATIONS, PROFESSIONAL ORGANISATIONS AND COMMUNITY GROUPS. INTERNATIONAL EXPERTS ALSO CONTRIBUTED.

ONLY TWO OUT OF OVER 80 SUBMISSIONS OPPOSED A LAW REGULATING PERSONAL DATA.

A PUBLIC OPINION SURVEY CONDUCTED LAST YEAR ON BEHALF OF THE COMMISSION BY HONG KONG UNIVERSITY FOUND THERE WAS GENERAL SUPPORT FOR PROTECTION OF PERSONAL DATA.

THE COMMISSION'S REPORT EMPHASISES THE INCREASING EXTENT OF

DATA USE.

PERSONAL

MR

JUSTICE MORTIMER POINTED OUT THAT A STUDY IN SWEDEN IN 1986 ESTIMATED THAT EACH INDIVIDUAL WAS INCLUDED IN BETWEEN 50 AND 300 PERSONAL REGISTERS.

DECISIONS ARE MADE ON THE BASIS OF THIS RECORDED INFORMATION AND THOSE DECISIONS MAY ADVERSELY AFFECT THE INDIVIDUAL, SUCH AS REFUSAL OF A LOAN OR EVEN UNJUSTIFIED CRIMINAL INVESTIGATION.

THE

THE REPORT SAYS THAT OVERSEAS STUDIES INDICATED THAT MANY OF RECORDS OF PERSONAL DATA WERE INACCURATE.

THE CRIMINAL HISTORY RECORDS OF ONE STATE IN THE U.S. WERE FOUND TO BE ACCURATE AND COMPLETE IN ONLY 20 PER CENT OF CASES.

THE

COMMISSION'S REPORT ALSO EXPRESSES CONCERN AT MISUSE OF DATA, AND POINTS OUT THAT AN AUSTRALIAN INVESTIGATION REVEALED THE ILLICIT SALE OF COMMERCIALLY VALUABLE CONFIDENTIAL PERSONAL DATA ON A MASSIVE SCALE.

THE COMMISSION ARGUES THAT THERE IS NO REASON TO SUPPOSE THAT THOSE PROBLEMS DO NOT EXIST IN HONG KONG AS THEY WOULD BE COMMON ΤΟ ALL COUNTRIES WITH ADVANCED COMPUTER AND TELECOMMUNICATIONS SYSTEMS.

/TO COUNTER