Page:Improper Collection, Retention, Use and Storage of Personal Data of Residents and Visitors by Property Management Companies.pdf/2

  requirements under the Personal Data (Privacy) Ordinance (Ordinance), Chapter 486, Laws of Hong Kong, in their daily practices, and to remind members of the public to protect their own personal data privacy when providing their personal data for property management bodies.

In view of the latest development of the property management industry, the PCPD has issued the "Protection of Personal Data Privacy – Guidance on Property Management Sector", which is published along with this investigation report on the same day.

Investigation Case (1): Cheong Sun Property Agent and Management Company Posted Documents Containing Property Owners' Personal Data in Public

Case Background

On 8 March 2022, the PCPD received a complaint against Cheong Sun Property Agent and Management Company (Cheong Sun), which was responsible for the property management of Scenic Garden in Cheung Chau. Cheong Sun was alleged to have posted a notice on overdue arrears to be collected from property owners and a list containing the full English names, full addresses and the amounts in arrears of 48 owners (List) on a notice board located in the public area of the property. Moreover, Cheong Sun also put copies of the notice and the List into the mailboxes of those 48 owners.

Investigation Findings and Contraventions

Cheong Sun Contravened Data Protection Principle (DPP) 3(1)

DPP3(1) and (4) of Schedule 1 to the Ordinance stipulates that personal data, without the express and voluntary consent of the data subject, shall only be used (including disclosed or transferred) for the purpose for which the data was to be used at the time of the collection of the data, or a purpose directly related to the purpose.

When it comes to posting of notices containing personal data, generally speaking, property management companies have a duty to inform property owners of the issues which may affect their interests. Public display of </li></ol>