個人資料保護辦公室

Gabinete para a Protecção de Dados Pessoais

Office for Personal Data Protection

Enquiry Case Notes
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No: 0101/2011/RP

Title: Using immigrants’ fingerprint records for verification of identity in case of lost documents

Content:

    For the identity verification of those who lost their documents and issuing the Declaration of Loss of Document for their departure, the Public Security Police (PSP) will use the fingerprint record of those Hong Kong residents’ collected through the self-service passing system. To this matter, the PSP consulted GPDP for the legitimacy of such measure.

Result:

    As the PSP only made a general inquiry, to which GPDP could only made a general analysis.
  Under Article 6 of the Personal Data Protection Act (Law 8/2005), personal data may be processed only with the data subject’s explicit consent or under other circumstances provided for in laws. In GPDP’s opinion, while adopting the mentioned new measures, if a data subject who lost his document explicit consented to the police’s use of his fingerprints recorded, for verifying his identity, by the self-service passing system, processing legitimacy is achieved no matter Article 6 of the said Law is fulfilled or not, as long as such fingerprints are aimed for “implementing and enforcing the General Principles of the Entry, Stay and Residence Permit System (Law 4/2003), and the Regulations for Entry, Stay and Residence Permit (Administrative Regulation 5/2003). Based on the information provided, GPDP did not find any violations of the Personal Data Protection Act.
  In addition, if the said personal data processing has been included in the PSP’s notification to the GPDP under Article 21 of the Personal Data Protection Act, it is not necessary to make another notification.
  If the PSP requires formal opinion from the GPDP, an application may be filed under Article 23 of the Law last mentioned.

Reference:
Please refer to "Personal Data Protection Act", articles 3,4,6,21,23 .

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