PAPER FOR PROVISIONAL LEGISLATIVE COUNCIL INFORMATION POLICY PANEL
MEETING ON 26 SEPTEMBER 1997

DRAFT CODE OF PRACTICE ON
PERSONAL IDENTIFIERS

INTRODUCTION

This paper sets out the background to the preparation of the draft code of practice on personal identifiers ('the draft code' by the Privacy Commissioner's Office ("PCO" and timetable for its approval. It also provides information on the PCO's activities to publicise the draft code and encourage the submission of responses to it. The draft code itself is set out in the consultation paper at the Annex to this paper. Included with the consultation paper is a four page summary which contains the main recommendations of the draft as well as explaining what personal identifiers are and the role of codes of practice under the Ordinance.

BACKGROUND

2. The requirement to prepare a code of practice on personal identifiers, the most common of which is the identity card number, is laid down in section 12(8) of the Personal Data (Privacy) Ordinance ("the Ordinance". The inclusion of this requirement in the Ordinance followed a recommendation of the Law Reform Commission in its report on reform of the law relating to the protection of personal data, which was the basis for the drafting of the Ordinance as a whole. In preparing the draft code, the PCO has had the benefit of advice from a committee, the members of which were drawn from the private and public sectors and the academic circle, as well as from the Personal Data (Privacy) Advisory Committee established under the Ordinance.

TIMETABLE

3. Under the provisions of section 12(8) of the Ordinance the Privacy Commissioner is required to approve the code of practice on personal identifiers by 20 December 1997 at the latest. To meet this requirement, the following timetable has been adopted.

Issue of consultation paper 29 August 1997
Deadline for submission 11 October 1997
Review of submissions Up to early November 1997
Preparation of final draft of the code of practice Up to early December 1997
Approval of code of practice Mid-December 1997

PUBLICITY ARRANGEMENTS

4. The following activities to publicise the draft code and encourage responses have been arranged :

29 August - Press briefing to launch the consultation exercise.

    - Consultation paper made available to the public at District Offices and on the PCO website.

    - Posting of consultation paper to Government departments, professional and commercial bodies, Provisional Legislative Council and District Board members, community groups and political parties etc.

5 September - Broadcasting of API to publicise consultation paper on television began.
16 September - Placing of notices in newspapers to publicise consultation paper began.
18 September - Seminar held for private sector organisations.
22 September - Seminar held for public sector bodies.
26 September - Briefing of Information Policy Panel of Provisional Legislative Council.
30 September - Additional seminar to be held for private sector organisations (subject to demand).

Office of the Privacy Commissioner for Personal Data
September 1997
Website : http://www.pco.org.hk