Labour Department
Statement of Privacy Policy and Practices

Data Protection Policy

The Labour Department is committed to complying with requirements of the Personal Data (Privacy) Ordinance.  The Department undertakes to-

(1)

collect adequate, but not excessive, personal data by lawful and fair means for lawful purposes related to the department’s functions or activities;

(2)

take all reasonably practicable steps to ensure that the personal data collected are accurate, having regard to the purposes for which they are to be used;

(3)

use the personal data collected only for purposes or directly related purposes for which the data were to be used at the time of collection, unless the individual concerned has given express consent for a change of use or such use is permitted by law;

(4)

take all reasonably practicable steps to ensure that personal data are protected against unauthorised or accidental access, processing, erasure or other use;

(5)

erase personal data which are no longer necessary for the purposes for which they are to be used;

(6)

take all reasonably practicable steps to ensure that a person can be informed of the kinds of personal data that the department holds and the purposes for which the data are to be used; and

(7)

handle data access / correction requests permitted or required by law.

Designation of Personal Data Controlling Officer

The Deputy Commissioner for Labour (Labour Administration) is designated as the Personal Data Controlling Officer to oversee and monitor compliance with the Personal Data (Privacy) Ordinance. 

Kinds of Personal Data Held
Five broad categories of personal data are held in the Labour Department. They are personal data contained in-

(1)

Service Provision and Related Activities Records which include records containing information provided by the individuals with whom the Department interacts in the delivery of services, such as consultation, conciliation, employment services, and other related activities, such as promotion, training, handling of complaints / enquiries / suggestions.

(2)

Investigation and Enforcement Records which include records supplied by data subjects and data users and collected in connection with claims, disputes, investigations, enforcement actions, legal proceedings and activities relating to legislation under the purview of the Department.

(3)

Application, Registration and Licensing Records which include records containing information supplied by individuals in connection with the applications for funds, schemes, registrations and licences.

(4)

Boards and Committees Records which include records containing information collected from individuals for the administration of functions and activities of boards and committees, or for consideration of appointment purposes.

(5)

Employment-related Personnel Records which include records on serving employees, former employees and applicants to posts.

Main Purposes of Keeping Personal Data

The Labour Department collects personal data mainly for the following purposes –


(1)

To exercise the powers and carry out the duties relating to enforcement of labour legislation and occupational safety and health legislation, and to assist in the enforcement of legislations of other bureaux / departments through conducting investigation into suspected malpractices or offences under the Laws of Hong Kong.

(2)

To provide employment and other related support services and assistance for job seekers.

(3)

To provide consultation and conciliation services to employers and employees involved in labour disputes, and conduct adjudication of minor employment claims.

(4)

To carry out accident investigations and give advice to employers and employees in relation to occupational health and safety.

(5)

To administer office functions and activities in relation to union registration, professional registration or enrollment.

(6)

To process various applications under the funds and schemes administered by the Department.

(7)

To organise and deliver promotional, educational and training activities under the portfolio of the Department.

(8)

To serve a range of human resource management purposes relating to matters such as recruitment, appointment, training, posting, promotion, conduct and discipline and for processing of various applications under the prevailing government regulations.

(9)

To handle enquiries / suggestions / complaints from members of the public.

(10)

To serve statistical and research purposes.

(11)

To serve any other legitimate purposes as may be required or permitted by law.

Personal Data Access and Correction

Data access and correction may be addressed to the relevant offices of the Department by which the personal data are collected. Request under the Personal Data (Privacy) Ordinance for access to personal data held by the Department should be made on a Data Access Request (DAR) Form provided by the Office of the Privacy Commissioner for Personal Data.

DAR Form for access to personal data held by the Department can be obtained from the Human Resource Section (Tel. No.: 2852 4110) on 16/F, Harbour Building, 38 Pier Road, Central, Hong Kong or available for download from Department’s homepage at the address: http://www.labour.gov.hk/eng/pps/pdf/Annex.pdf

Note: To avoid unsuccessful delivery of mail items, please ensure that the correct address is clearly printed or written on the envelope and sufficient postage has been paid before posting. Mail items bearing insufficient postage will not be delivered to this Department and will be returned to the sender or disposed of by the Hongkong Post, where appropriate. The mail sender will bear any consequences arising from not paying sufficient postage.

Charges

A fee will be charged to cover the cost of photocopying personal data supplied in response to a data access request at the prevailing rate of photocopying charge as advised by the Secretary for Financial Services and the Treasury.

Enquiries

Any enquiries on personal data access and correction should be directed to:

Human Resource Section
16/F Harbour Building
38 Pier Road
Central
Hong Kong

Tel. No.: 2852 4110
Fax No.: 2542 3141
Email: [email protected]