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development scheme. and principle-based guidelines that formation, such as IP addresses which
Demonstrators view government safeguard the privacy of individu- can reveal one’s location and activity.
lampposts with suspicion and they be- als’ data or “any information which In a written reply, Privacy Com-
lieve it is a measure to step up surveil- relates to a living individual and can missioner for Personal Data Stephen
lance. They tore down lampposts in be used to identify that individual. It Wong Kai-yi says the ordinance is a
Kowloon Bay, Kwun Tong and Kai Tak must also exist in a form which ac- technology-neutral legislation, which
in late August, although the govern- cesses to or processing of is practica- provides room for continued applica-
ment denied the accusation and said ble.” bility against changes in time.
that the lampposts were for monitor- As the government is subject to the “Personal data privacy right is not
ing weather, traffic conditions and air PDPO, any unintended absolute. It has to be balanced by other
quality. But many protesters believed use of collected data considerations such as public interest,
they could be traced by lampposts sus- can result in a public safety, public order, and securi-
pected to be equipped with artificial- breach of the or- ty,” he notes. “The application of data
intelligence-powered surveillance dinance. Howev- protection principles and provisions
software. They fear their identity cards er, Jackson states of the Ordinance may be exempted in
or facial-recognition cameras on poles that public venues the cases of the prevention or detec-
might expose their whereabouts and consist of individu- tion of crime, the apprehension, pros-
what they have done during the move- als’ privacy interest Michael Jackson ecution or detention of offenders.”
ment. They are also worried that their in a public place
data and personal information might limits their ability to
be transferred to the Chinese govern- claim personal privacy Once you place yourself
ment. rights.
“Once you place out there, it is difficult to argue
Protection of yourself out there, it is that the mere collection of your
individuals’ information difficult to argue that
It is, however, unlikely that the the mere collection of image is a breach of your
government will disclose individuals’ your image is a breach privacy rights.
information without consent, accord- of your privacy rights,”
ing to Michael Jackson, Associate Pro- he says.
fessor of law at the University of Hong In view of the
Kong. PDPO, Jackson reckons that the law
Jackson points out Hong Kong has not kept up with technology be- Lack of trust
has Personal Data Privacy Ordinance cause some protections are not clearly Another increasing concern that
(PDPO), a set of technology-neutral applied to current technological in- protesters have is the lack of trust in

Protesters open
their umbrellas
to prevent their
photos from
being taken.