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Hong Kong: PCPD publishes statement on tracking potential carriers of COVID-19

The Office of the Privacy Commissioner for Personal Data ('PCPD') published, on 26 February 2020, a statement ('the Statement') relating to the use of personal data from social media platforms for the purpose of tracking potential carriers of the novel coronavirus ('COVID-19'). In particular, the PCPD highlighted that under the Data Protection Principle 3 ('the DPP 3') of the Personal Data (Privacy) Ordinance 1996 as amended in 2013 ('the PDPO'), a new purpose of the use of personal data, such as tracking personal data found in social media, is not permitted without the consent of the data subject, unless the new purpose is in the interest of the data subject. 

In the current circumstances, the PCPD established that the tracking and monitoring of the whereabouts of individuals who are either infected or potentially infected is within the public interest. Furthermore, there is an exception to the general rule under Section 59 of the PDPO which exempts the application of the DPP 3 and the requirements of consent, if the purposes of collecting personal data relates to safeguarding the physical or mental health concerns of the data subject, or any other individual in the interests of the public. 

You can read the Statement here

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