Most Read Contributor in Hong Kong, September 2016
Hong Kong's Privacy Commissioner has issued a revised Code
of Practice on Human Resource Management (the "Code") and
a revised Privacy Guidelines for Monitoring and Personal Data
Privacy at Work (the "Guidelines").
Neither the new Code nor the new Guidelines include any material
change from their existing versions. The only changes are the new
Code updates certain references to amendments in the Personal Data
(Privacy) Ordinance (PDPO) and removes one provision of the Code
that has become obsolete (namely the transitional provision
exemption in relation to compliance with data access requests that
expired in 2002).
As a reminder, the Code is designed to give practical guidance
to data users who handle personal data in performing human resource
management functions and activities. Where a data user fails to
comply with the Code, a court, magistrate or Administrative Appeals
Board may take that fact into account in deciding whether there has
been a breach of the PDPO.
The Guidelines provide guidance on the application of the PDPO
to employee monitoring and set out best practices for managing
personal data obtained from such activity.
The revised Code and Guidelines are available at the following
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This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein. Please also read the JSM legal publications
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