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Following is a question by the Hon Audrey Eu Yuet-mee and a reply by the Secretary for Planning and Lands, Mr Gordon Siu, in the Legislative Council today (March 14):
Question:
Twelve government departments have been approved by the Land Registry to conduct searches of memorial by using the Owner's Properties Information Check Service, and a total of 9,353 searches were conducted in the past six months. In this connection, will the Government inform this Council whether :
(a) there are government departments and officials tasked to assess if the searches by the above departments using the above service contravene the Personal Data (Privacy) Ordinance; if there are, of the statutory powers exercised by such departments and officials in making such assessment; if not, the reasons for that;
(b) there are guidelines and mechanisms to ensure that the departments concerned abide by and act in compliance with the relevant stipulations in this type of searches, as well as to guard against abuse of this type of searches; if so, of the details; if not, the reasons for that; and
(c) there is a mechanism by which members of the public can monitor if government departments have contravened the Personal Data (Privacy) Ordinance by abusing such type of searches; if so, of the details of that; if not, the reasons for that and whether it will establish such a mechanism?
Reply:
Madam President,
The Land Registration Ordinance (Cap. 128) and its subsidiary legislation provide for the establishment and operation of the land register. The purpose is set out in the preamble to the Ordinance "to prevent secret and fraudulent conveyances and to provide the means whereby the title to real and immovable property may be easily traced and ascertained."
In compliance with the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) name searches will be conducted only for purposes related to those for the establishment of the register and for other purposes in limited circumstances. For example, name searches may be conducted when the data subject has given voluntary and express consent to either the Land Registry or the department conducting the search. An example would be an applicant for public rental housing giving the Housing Department permission to search the records of the Land Registry to ascertain that he does not own any property in Hong Kong. Another instance in which a name search may be conducted is where an exemption under section 58 of the PDPO applies. That section covers matters of public interest such as where the result of the search will be used for the prevention or detection of crime or the assessment or collection of tax, etc. This provides the background to the limited circumstances in which government departments may use the Owner's Properties Information Check Service (OPIC) to conduct name searches.
The protection of the privacy of personal data is provided for under the PDPO. Section 36 provides that the Privacy Commissioner for Personal Data (the Commissioner) may carry out an inspection of any personal data system, including the OPIC. Section 38 gives the Commissioner power to investigate complaints concerning allegations of violations of the PDPO. He may also of his own volition, on reasonable grounds, conduct investigations of suspected violations of the PDPO.
For the Land Registry to ensure that name searches fall within the exemptions set out in the PDPO, the Land Registrar requires an application to be prepared for each type of search using OPIC. This form, which must be signed by a directorate officer of the user department, requires the user department to specify the purpose for which the information requested is to be used. It reminds the user department of its obligations for stringent control of the requested data and that only authorized officers may request such data and then solely for the requested purpose. The Land Registrar would, on receiving the application consider, taking legal advice where necessary, whether it should be granted. Until the Land Registrar has given his approval no name searches may be undertaken. On two occasions the Land Registrar has requested all departments to confirm that the reasons for the original request remain valid and to remind user departments of the conditions under which the application was originally approved. This request will from now on be made annually.
Each use of OPIC by a government department must be by an authorized officer of that department. That use is logged by the Land Registry computer system which records the identity of the department (and officer) requesting the search, the file details and all the records searched. This information facilitates internal audit by the Land Registry and the requesting department.
To reassure members of the public and to identify if there are areas for improvements in procedures the Land Registrar intends, with my full support, to conduct a full compliance check on the use of the OPIC system for name searches, in consultation with the Privacy Commissioner for Personal Data.
The mechanism to assure the public that government departments have not contravened the PDPO in conducting name searches is through the stringent control systems set up by the Land Registry and the departments concerned and through the ability of the Privacy Commissioner for Personal Data to inspect personal data systems, perform compliance checks and investigate complaints. To increase its transparency the Land Registry is enhancing its computer services to provide a breakdown of numbers of searches by user department.
Any person who suspects that his personal data kept by the Land Registry may have been used in contravention of the PDPO may complain to the Privacy Commissioner for Personal Data, who is the independent authority administering the ordinance.
End/Wednesday, March 14, 2001
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