Hong Kong privacy watchdog backs tighter rules on access to land records

Hong Kong's privacy watchdog has endorsed plans to strengthen regulations surrounding access to land records, emphasizing that journalists are not granted an exemption when gathering data, despite safeguards for responsible data usage. Ada Chung Lai-ling, the Privacy Commissioner, clarified that journalists must adhere to public interest requirements when publishing or broadcasting such information, emphasizing that this aligns with the objectives of the proposed changes.

However, she stressed that Section 61 of the Privacy Ordinance explicitly denies journalists any exemptions when collecting data. Over the past five years, the watchdog received 20 complaints about the misuse of information from the land register, with six reported this year, indicating an escalating issue. Examples of such misuse include doxxing, direct marketing, and the online posting of owners' information due to financial disputes.

Chung pointed out that the majority of complaints were not indicative of a widespread disregard for the law. She also argued that land search applicants should specify the purpose of their inquiry, allowing for smoother system operations and better data protection for all parties involved. The government previously submitted eight proposed subsidiary legislations, including the Land Titles Regulation, for scrutiny by the Legislative Council.

Under the proposed new framework, land record searches would be limited to nine specific purposes, such as property valuation, due diligence for transactions, and building management. Applications justified by the public interest would undergo individual evaluations, weighing factors like societal benefit, potential privacy violations, and the risk of data misuse.

The government aims to minimize inconvenience to the media while ensuring compliance with privacy regulations.