In April 2016, the Hong Kong Privacy Commissioner for Personal
Data issued a Revised Code of Practice on Human Resource Management
("HRM Code") and new Guidelines on Monitoring and
Personal Data Privacy at Work ("Monitoring Guidelines")
under the Personal Data (Privacy) Ordinance
("Ordinance"). The HRM Code was issued together with a
related Compliance Guide and Responses to Common Questions. The HRM
Code is intended to provide practical guidance to employers on how
to properly handle personal data for each phase of the employment
process, from recruitment through to former employee.
Failure to abide by the mandatory provisions of the HRM Code
will be considered, and could be viewed unfavorably, by the Privacy
Commissioner in any case against the employer. The Monitoring
Guidelines provide guidance to employers on the application of the
provisions of the Ordinance to monitoring and collection of
employee data and how and when such activity is appropriate. While
not mandatory, the Monitoring Guidelines do provide suggested best
practices for employers.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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