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Address Unit 1303, 13/F, Dah Sing Financial Centre, 248 Queen's Road East,
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Disclaimer
The information and suggestions provided in this public ation are for general referenc e only. They do not serve as an
exhaustive guide to the applic ation of the law and do not c onstitute legal or other professional advic e. The Privacy
Commissioner makes no express or implied warranties of accuracy or fitness for a particular purpose or use with respect to
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functions and powers conferred upon the Privacy Commissioner under the Personal Data (Privacy) Ordinance.

First published in June 2000

April 2004 (First Revision)
February 2007 (Second Revision)
April 2010 (Third Revision)
October 2011 (Fourth Revision)
August 2015 (Fifth Revision)
December 2017 (Sixth Revision)
June 2020 (Seventh Revision)
July 2023 (Eighth Revision)
 Guidance Note

Guidance on Election Activities for Candidates,

Government Departments, Public Opinion Research
Organisations and Members of the Public

1. Introduction
_______________________________________________
by them1. The Principals are responsible for supervising
their Agents to ensure compliance with the requirements
Collection, retention, processing and use of personal under the Ordinance.
data are usually involved in election activities
(including elector registration, candidate nomination, 3. Guidance for Candidates and
electioneering, public opinion researching, and casting their Affiliated Political Bodies
_______________________________________________
and counting of votes). This guidance note provides
assistance to candidates and their affiliated political Minimum Data Collection
bodies, government departments and public opinion
research organisations in relation to compliance with 3.1 When candidates collect personal data directly
the requirements under the Personal Data (Privacy) from an individual or indirectly from a third party
Ordinance (the Ordinance) when carrying out election (e.g. trade union, professional or political body) for
activities. It also provides members of the public with election purposes (such as electioneering,
advice on personal data protection in this regard. organising an election forum, or fund raising), only
adequate, and not excessive personal data,
necessary for election purposes should be
2. Legal Liabilities of Candidates, collected (for example, a Hong Kong Identity Card
Government Departments number should not be collected)2.
and Public Opinion Research Informed Collection
Organisations as Principals
_______________________________________________ 3.2 When a candidate or affiliated trade union,
professional or political body solicits personal data
Candidates, government departments and public opinion
directly from an individual for election purposes,
research organisations (the Principals) may engage
the candidate should ensure that the individual is
election agents, campaign staff, full-time or part-time
informed of the purpose of collection of the data
employees, contractors and volunteers (the Agents) to
and other matters3 set out in the Ordinance by, for
assist in election-related activities. In such circumstances,
example, providing a “Personal Information
the Principals are liable for the acts and practices of their
Collection Statement” (PICS) to the individual.
Agents in the course of performing actions assigned
1
According to section 65(1) and (2) of the Ordinance, any act done or practice engaged in by a person in the course of his employment or as
agent for another person with the authority of that other person shall be treated as done or engaged in by his employer or that other person
as well as by him.
2
Data Protection Principle 1(1): Personal data shall not be collected unless the data is collected for a lawful purpose directly related to a function
or activity of the data user; and the data collected is necessary, adequate but not excessive in relation to that purpose.
3
Data Protection Principle 1(3): On or before a data user collects personal data directly from a data subject, the data user shall take all reasonably
practicable steps to ensure that the data subject has been informed of whether it is obligatory or voluntary for him to supply the data and
the consequences for him if he fails to supply the data. The data subject shall be explicitly informed of the purpose of data collection and the
classes of transferees to whom the data may be transferred as well as the name / job title and address of the individual to whom the request
of access to and correction of the data subject’s personal data may be made.

Guidance on Election Activities for Candidates, Government Departments, 1 July 2023

Public Opinion Research,Organisations and Members of the Public
3.3 Candidates and their Agents may lobby electors by Collection Purpose
a variety of means4. In certain circumstances, the
3.5 If a trade union, or a professional or political body
electors may have no previous dealings with the
intends to provide their members’ personal data to
candidates and their Agents, and may be concerned
candidates for election purposes, or to directly
as to where the candidates and their Agents
send election-related communication to their
obtained their personal data. When asked,
members, the proper course of action is for such
candidates and their Agents should inform the
bodies to determine whether this is a permitted
electors as to how their personal data was obtained.
purpose for which the personal data was collected.
Prior notification to members of such use of their
Case 1 data, and the classes of possible transferees of the
A candidate of the District Council election collected data, should be provided.
feedback from members of the public on community
affairs by distributing flyers. In the flyer, members Case 3
of the public were requested to provide their names
After completing a training course organised by
and contact details. However, there was no PICS in
a political party, the complainant was asked to
the questionnaire and some members of the public
complete a questionnaire and provide his personal
were worried about how their personal data would
data for "communication purposes". Subsequently,
be used.
the political party used the complainant’s personal
When the candidate solicited personal data directly data in canvassing him to vote for a candidate.
from individuals (such as by distributing a flyer for
In response to the complaint, the party revised the
filling in personal data), the candidate should have
PICS in the questionnaire by explicitly stating that the
provided a PICS to the individuals so that they
personal data collected would be used for "election
could decide whether their personal data should be
purposes".
provided.

Case 2 Case 4
The Election Committee members of a subsector, and The complainant had been a member of a trade
Legislative Councillors of the functional constituency union for years. In a recent election, the complainant
concerned, co-organised an election forum to provide received a telephone call from the trade union
a platform for electors of that subsector to exchange canvassing votes for a candidate. The complainant
ideas on candidates’ manifestoes. A complainant was stated that the trade union had never informed him
dissatisfied that the organisers had failed to provide a that his personal data would be used for election
PICS on the online registration form. purposes when he joined the union.
In response to the complaint, the forum organisers Upon the PCPD's enquiry, it was found that the latest
revised the online registration form by stating version of the PICS in the membership application
that personal data collected would be used only form had stated that the trade union would use
for enrolling participants, and the data would be the members’ personal data for election purposes.
destroyed after the event without it being transferred However, the trade union did not provide the latest
to third parties. Information on making data access version of the PICS to those members who had their
and data correction requests was also made available membership renewed. The PCPD thus requested
on the registration form. the trade union to provide the latest version of the
PICS to the members when they renewed their
Lawful and Fair Collection membership in future.

3.4 Candidates should not collect personal data for

election purposes by deceptive means or by
misrepresenting the purpose of the collection, for
example, by collecting personal data on the pretext
of assisting citizens to apply for government
welfare.5
4
Such as telephone, fax messages, SMS/MMS or emails.
5
Data Protection Principle 1(2): Personal data must be collected by means which are lawful and fair in the circumstances of the case.

Guidance on Election Activities for Candidates, Government Departments, 2 July 2023

Public Opinion Research,Organisations and Members of the Public
Express Consent
Case 6
3.6 Personal data may have been provided to
candidates and their Agents for non-election The PCPD has received complaints against councillors
purposes, such as in connection with the handling for not respecting the residents’ privacy, for example,
of building management matters, or requests for by uploading photos or videos which contained
assistance. Should candidates or their Agents wish close-up facial images of individuals involved in
to use personal data so collected for an election disputes in the neighbourhood, or by disclosing
purpose, express consent from the data subject the full addresses of patients confirmed of having
must be obtained beforehand6. contracted epidemic diseases.
The PCPD understands that councillors or political
Case 5 bodies may from time to time report on the local
affairs in the community through social media,
A resident of a building lodged a complaint with
upload photos to reflect actual situations, or provide
a political party in relation to the management
information to residents for combatting pandemic.
of the building, and for this purpose supplied his
However, if the information contains an individual’s
personal data. Subsequently, the political party used
facial image, full address or any other personal
his personal data in canvassing him to vote for a
data, councillors should take into account the data
candidate in an election.
subject's wish and feeling. Individual’s privacy right
In response to the complaint, the political party should be respected when sharing information on
undertook in future to obtain express and voluntary topical affairs and incidents on the social media.
consent from any resident that had lodged a
complaint with the party, before using their personal
Registers of Electors
data for election purposes.
3.8 When using personal data from published registers
of electors, candidates should ensure that such
Disclosing personal data on social media personal data is used only for election purposes as
3.7 Social networks are rapidly evolving and prescribed by the relevant election legislation.
developing. It is becoming common for political Using any information on the register for a purpose
bodies, district councillors and community officers other than a purpose related to an election is an
to provide information relating to the district to the offence under the current electoral legislations and
residents and to stay connected with them is liable to a fine at level 2 (the prevailing amount is
through social media. Political bodies and district HK$5,000) and to imprisonment for 6 months.
councillors must ensure that the personal data 3.9 Besides, the PCPD noted that the Court of Appeal
privacy of the residents is protected when sharing handed down a judgment on 21 May 2020 and a
information that involves personal data. decision on 27 May 2020 regarding an appeal7
regarding the dismissal of an application for
judicial review on whether the requirement of
showing the names of the registered electors
together with their principal residential addresses
(“Linked Information”) in the electoral registers for
public inspection or provision to candidates is
constitutional8. The Court of Appeal held, amongst
others, that displaying the Linked Information of

6
Data Protection Principle 3: Personal data shall not, without the prescribed consent of the data subject, be used for a new purpose. New
purpose, in relation to the use of personal data, means any purpose other than the purpose, or a directly related purpose, for which the data
was to be used at the time of the collection of the data.
7
Junior Police Officers’ Association of the Hong Kong Police Force and Anor (as the applicants) v Electoral Affairs Commission, Chief Electoral
Officer, Electoral Registration Officer (as the respondents) Hong Kong Journalists Association (as the intervener) (CACV 73/2020, Date of
Judgment: 21 May 2020).
8
In this appeal, the applicants challenged the constitutionality of section 20(3) of the Electoral Affairs Commission (Registration of Electors) (Legislative
Council Geographical Constituencies) (District Council Geographical Constituencies) Regulation (Cap.541A) and Section 38(1) of the Electoral Affairs
Commission (Electoral Procedure) (District Councils) Regulation (Cap.541F) (together as “Impugned Provisions”). Under the Impugned Provisions,
the Linked Information of a registered elector as recorded in the Final Register would be available (1) to the public for inspection at place(s) specified
by the Electoral Registration Officer and (2) to the candidate(s) for the District Council geographical constituency to which the elector belongs.

Guidance on Election Activities for Candidates, Government Departments, 3 July 2023

Public Opinion Research,Organisations and Members of the Public
 electors in the electoral registers to an individual's purpose for which the public register was
right to privacy and is thus protected generally established, the restrictions on its use, and the
under Article 14 of section 8 in Part II of the Hong reasonable privacy expectation12 of the data
Kong Bill of Rights Ordinance9 (c.f. from Article subjects.
17(1) of the International Covenant on Civil and
Option to Decline
Political Rights). Hence, the requirement of
displaying publicly the names and residential 3.12 As a matter of good practice, when candidates and
addresses of some individuals (for example victims their Agents canvass for votes from individuals
of stalking or family violence) may cause a real risk directly, or indirectly through a third party (such as
of harm to them. As the ultimate guardian of the a trade union, or a professional body or political
law, the Court of Appeal is obliged to consider if a body), the individuals should be given an option to
proportionate balance is struck between the right decline receipt of any subsequent electioneering
of privacy and the right to vote (particularly the communication from the candidates in relation to
measures adopted in the current electoral system the election concerned, so as to avoid receipt of
to achieve the transparent election aim) 10. unwanted electioneering communication from
Nevertheless, the Court of Appeal also ruled that it such candidates.
is not its function to formulate electoral policy or to List of “No”
devise a particular electoral system.
3.13 Candidates should also maintain a list of individuals
3.10 In order to combat doxxing and protect citizens’ who, to their knowledge, find election-related
personal data privacy, two offences targeting on communication, such as phone calls, mail, fax
doxxing took effect on 8 October 2021 pursuant to messages, emails or visits, objectionable, and avoid
the Personal Data (Privacy) (Amendment) approaching them to canvass for their votes.
Ordinance 2021. If any person discloses any
personal data of electors (as data subject) on the Data Security
register without the relevant consent of the data 3.14 When conducting election activities, candidates and
subject, with an intent to cause specified harm11 or their Agents should take all practicable steps to
being reckless as to whether specified harm would protect personal data of electors against accidental
be caused to the data subject or any family or unauthorised access13. For example, they should
member of the data subject, the discloser commits safeguard electors’ personal data that they have
an offence under section 64(3A) of the Ordinance obtained from the register of electors or
and is liable to a fine of HK$100,000 and government departments (such as a DVD of the
imprisonment for 2 years. If such disclosure causes "Candidate Mailing Label System", and mailing labels
specified harm to the data subject or any family of electors). If it is absolutely necessary to access
member of the data subject, the discloser commits electors’ information outside office premises for an
an offence under section 64(3C) of the Ordinance election purpose, only the minimal and necessary
and is liable to a fine of HK$1,000,000 and data should be taken away from the office premises.
imprisonment for 5 years. Furthermore, the data should be encrypted and
Personal Data in Other Public Domains protected from unauthorised access or retrieval.
After use, the data should be returned to the office,
3.11 Other than for the register of electors, personal or be delivered to a safe place for proper storage as
data available in the public domain (such as soon as possible.
professional registers) is generally not intended to
be used for election purposes. Before using
personal data obtained from the public domain,
candidates must take into account the original
9
Article 14 of section 8 in Part II of the Hong Kong Bill of Rights Ordinance (Cap. 383): (1) No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. (2) Everyone has the right
to the protection of the law against such interference or attacks.
10
See paragraphs 95-96 of the judgment.
11
According to section 64(6) of the Ordinance, “specified harm”, in relation to a person, means (a) harassment, molestation, pestering, threat or
intimidation to the person; (b) bodily harm or psychological harm to the person; (c) harm causing the person reasonably to be concerned for
the person's safety or well-being; or (d) damage to the property of the person.
12
Reference can be made to the Guidance on Use of Personal Data Obtained from the Public Domain issued by the office of the Privacy
Commissioner for Personal Data, Hong Kong (PCPD).
13
Data Protection Principle 4(1): All practicable steps shall be taken to ensure that personal data (including data in a form in which access to or
processing of the data is not practicable) held by a data user is protected against unauthorised or accidental access, processing, erasure, loss or use.

Guidance on Election Activities for Candidates, Government Departments, 4 July 2023

Public Opinion Research,Organisations and Members of the Public
 Case 7 Case 8
A district councillor sent an email to a list of recipients Political bodies, councillors and community officers
canvassing votes for a candidate in an election provided assistance in purchasing anti-epidemic
without concealing the names and email addresses items through the internet or distributed anti-
of the recipients. The complainant, being one of the epidemic items to members of the public at roadside
recipients of that email, complained that his name booths. This aroused a number of privacy concerns:
and email address had been disclosed to all other 1) Even if there is a practical need for the
recipients of the email. organiser to collect personal data, for instance
In response to the complaint, the district councillor for the purposes of registration, compiling
agreed to safeguard the security of the personal a waiting list, and collection or delivery of
data of the electors when transmitting messages via products, the organiser should collect the
electronic means (for example, by use of the “bcc” minimum amount of personal data in a lawful
and fair manner18. As in the circumstances
function).
of shopping in the supermarket, providers of
goods and services should not collect personal
Data Disposal
data that is unrelated to the transactions.
3.15 Personal data collected for election purposes should Hence, the organiser should not collect data
not be retained for a period beyond completion of that is unrelated to and unnecessary for the
all the election activities14. For example, after an transactions or delivery (for example, date of
election, candidates should dispose of all the birth, income, family status, family members’
electors’ personal data obtained from a published personal data and identity card copy).
register of electors, or those provided by 2) No matter whether the organiser collects
government departments for election purposes. personal data through paper or electronic form,
When data processors15 are appointed or engaged the organiser should inform members of the
by the candidates to destroy personal data of public of the purpose of collection, the classes
electors on their behalf, the candidates must use of transferees and whether it is obligatory
contractual or other means to prevent the personal or voluntary to supply the data19. The good
data being transferred to data processors from: (i) practice is to provide a PICS to them.
being kept longer than is necessary for election
3) The organiser should not use the personal data
purposes16; and (ii) unauthorised or accidental
collected for other purposes without the data
access, processing, erasure, loss or use17.
subjects’ consent20 (for example, for purposes
Distributing or Providing Assistance in Purchasing other than the directly related purposes
Supplies for which the data was collected, including
marketing of commercial products or to
3.16 Political bodies and councillors may from time to
advance political publicity)21. If the organiser
time distribute supplies to the residents and they
intends to use the personal data collected for
may collect the residents’ personal data for
other purposes, the organiser should explain
identification purposes. Political bodies and
clearly to the data subject and seek the data
councillors should respect the residents’ privacy and
subject’s consent. The consent given by the data
comply with the Ordinance when collecting, using
subject must be express and voluntary.
and retaining the residents’ personal data.
14
Data Protection Principle 2(2): Personal data shall not be kept longer than is necessary for the fulfillment of the purpose (including any directly
related purpose) for which the data is or is to be used.
15
“Data processor” means a person who processes personal data on behalf of another person; and does not process the data for any of the
person’s own purposes. Reference can be made to the information leaflet Outsourcing the Processing of Personal Data to Data Processors
issued by the PCPD.
16
Data Protection Principle 2(3): If a data user engages a data processor, whether within or outside Hong Kong, to process personal data on the
data user’s behalf, the data user must adopt contractual or other means to prevent any personal data transferred to the data processor from
being kept longer than is necessary for processing of the data.
17
Data Protection Principle 4(2): If a data user engages a data processor, whether within or outside Hong Kong, to process personal data on the
data user’s behalf, the data user must adopt contractual or other means to prevent unauthorised or accidental access, processing, erasure, loss
or use of the data transferred to the data processor for processing.
18
See footnote 2 and footnote 5.
19
See footnote 3.
20
See footnote 6.
21
Except for those scenarios that are exempted under Part 8 of the Ordinance.

Guidance on Election Activities for Candidates, Government Departments, 5 July 2023

Public Opinion Research,Organisations and Members of the Public
 • Adopt the principle of least-privileged rights,
Case 8 (continued) by which only staff authorised to handle
4) For the retention period of personal data, identity verification are able to retrieve or
notwithstanding that the Ordinance does not access relevant personal data;
require data users to inform data subjects of the • Strictly evaluate the necessity of downloading
retention period of personal data, data users are and copying electors’ personal data, and
required to erase personal data that is no longer establish approval procedures and standards;
needed for the purpose for which the data is • Monitor to ascertain if any system containing
used22. Hence, the organiser should erase the electors’ personal data has been downloaded
personal data collected after distributing the or copied without authorisation. Such systems
supplies or providing the services (in other and related servers should record all activity
words, after fulfilling the purpose for which the logs in order to trace access, use, downloading,
data is used), in order to avoid potential data editing and / or deletion of the data by a
security problem. system user; and
• Install monitoring and alarm mechanisms in
4. Guidance for the Relevant all systems containing electors’ personal data,
Government Departments
_______________________________________________
and the related servers, so that if there is an
irregularity (such as downloading or deletion of
Security Measures huge volume of personal data), timely reporting
of the case, as well as tracing and reviews can be
4.1 In campaigns launched by government
performed.
departments for the purpose of promoting elector
registration or updating electors’ particulars, such 4.3 In circumstances when accessing electors’ personal
activities may involve collection of personal data in data outside office premises is required, a risk
paper form (such as collection of elector assessment should be conducted to ascertain the
registration forms at pavement booths). actual need of storing electors’ personal data in
Government departments should take practicable portable storage devices (such as in USB flash
steps to safeguard personal data so collected cards, notebook computers / tablets, portable hard
against accidental or unauthorised access by drives or optical discs). If it is necessary to store
unrelated parties23. For example, the responsible electors’ personal data by such means, effective
staff should be alert to data leakage risks in the technical security measures commensurate with
surroundings when receiving completed forms. If the quantity and sensitivity of the data should be
notebook computers / tablets or portable storage adopted by, for example, use of two-factor
devices are used, extra care must be taken (see authentication for data access. Adequate physical
paragraph 4.3 below for more details). The data security measures should also be effected to
should be returned to the office or delivered to a safeguard devices (such as affixing the device with
safe place for proper storage as soon as possible a cable lock to an appropriate fixture, or avoidance
upon completion of the activities. of departmental logos on the devices)25.
4.2 Government departments should, at all times, 4.4 Government departments should formulate,
adopt all practicable security measures to protect systematically review and update their current
the voluminous and sensitive personal data of personal data security policies, procedures and
electors held by them against unauthorised or practical guidelines, according to their functions
accidental access, processing, erasure, loss or use24. and activities. Steps should be taken to effectively
In addition to encrypting the database, disseminate personal data security policies to all
government departments should also: staff, and provide clear instructions as to how to
• Make available the personal data for access or access such policies. Government departments
use only on a “need-to-know” and “need-to- should also review and formulate a compliance
use” basis, especially when portable storage check mechanism to ensure personal data security
devices, such as notebook computers, are policies, procedures and practical guidelines are
involved; complied with.

22
See footnote 14.
23
See footnote 13.
24
See footnote 13.
25
Reference can be made to the Guidance on the Use of Protable Storage Devices issued by the PCPD.

Guidance on Election Activities for Candidates, Government Departments, 6 July 2023

Public Opinion Research,Organisations and Members of the Public
4.5 The multiple transfers and storage venues for the
election documents increased the risk and harm of Case 10
losing the documents. For the purposes of A government department lost a marked final register
monitoring and reviewing the implantation of the of electors after an election. The register contained
security measures, government departments the unique and sensitive information about electors’
should set up procedures in respect of proper identity card numbers and their polling statuses.
recording of movements of electoral documents,
The Privacy Commissioner found that there were no
retrieval systems and dossier reviews.
specific guidelines or standing procedures as security
standards for managing the marked final register. Its
Case 9
inventory and movements were not properly and
A backup notebook computer of a government adequately documented. There were no dossier
department prepared for use in an election was reviews, and retrieval systems for storerooms were not
discovered missing at the fallback election venue. The put in place .
computer stored the names of Election Committee
In addition, human errors in handling physical and
members eligible to vote in the election, and also the
tangible records of personal data could have been
personal data of all electors in Hong Kong.
caused by overly long work hours, scarce resources,
While the Privacy Commissioner for Personal Data, inexperienced or under-trained staff, etc. The Privacy
Hong Kong (Privacy Commissioner) considered the Commissioner served an Enforcement Notice to direct
chance of leakage being low, as the personal data the government department to remedy and prevent
of the electors involved had already undergone any recurrence of the contraventions.
multiple layers of encryption, the assessment and
approval of the use of an enquiry system containing 4.6 When handling requests for information that involve
the electors’ data was not well thought out or the personal data of individuals, including electors,
adapted to the special circumstances of the case. candidates or nominees, government departments
The data user had simply followed past practices and must carefully assess if the release of the requested
had failed to review, update or appraise the existing information would amount to a breach of Data
mechanism in light of the circumstances, in a timely Protection Principle 3 28. In making such a
manner. The investigation revealed that the data determination, the exemptions provided in Part 8 of
user lacked the requisite awareness and vigilance the Ordinance29 are applicable. If necessary, more
expected of it in protecting personal data. Rules of information may be sought from the requestor to
application and implementation of various guidelines facilitate appropriate consideration.
had not been clearly set out or followed, and internal
communication was not sufficiently effective. The
data user failed to take all reasonably practicable 5. Guidance for Public Opinion
steps in consideration of the actual circumstances, or Research Organisations
_______________________________________________
to ensure that electors’ personal data was protected
from accidental loss, and thereby contravened Data Informed Collection
Protection Principle 4(1)26 of the Ordinance. An 5.1 Public opinion research organisations may conduct
enforcement notice was served on the government opinion polls to gauge public views on candidates’
department to remedy and prevent recurrence of the approval ratings or electors’ voting preferences. An
contravention27. elector’s voting preference is considered to be very
sensitive personal data, and organisers of these
activities should exercise due care to ensure that
participants are informed of the purpose of
collecting the personal data, and other matters
required by the Ordinance30.

26
See footnote 13.
27
The investigation report (R17-6249) is available on the PCPD website.
28
See footnote 6.
29
If application of Data Protection Principle 3 is likely to prejudice security, defence and international relations; crime prevention or detection;
assessment or collection of any tax or duty; news activities; health; legal proceeding; due diligence exercise; handling life-threatening
emergency situation, the relevant personal data is exempt from the use limitation requirements.
30
See footnote 3.

Guidance on Election Activities for Candidates, Government Departments, 7 July 2023

Public Opinion Research,Organisations and Members of the Public
5.2 For the purpose of gauging public views on candidates' Data Security
approval ratings and the electors' voting preferences, 5.4 If collection of personal data is involved, organisers of
public opinion research organisations need only the opinion polls should still safeguard personal data
overall results of the survey and some macro collected against accidental or unauthorised access
parameters (for example, gender, age group, occupation by unrelated parties.32 When employing the use of
categories, area of residence and income group). computer programmes or software developed by
Hence, it is generally not necessary for the public third parties, assessment should be made to identify
opinion research organisations to indiscriminately possible privacy risks (including, for example, the
collect the respondents' personal data (such as names, security issues related to data transmission and
identity card numbers, telephone numbers and storage, technical safeguards of the system and
addresses). If data subjects are asked to provide these network, and the restriction on data access by staff).
kinds of personal data for research purpose, they must Measures should be taken to ensure the personal
data collected is appropriately protected.
check clearly the purpose of collection before
considering to disclose such data, and should do so only Data Disposal
on a well-informed and voluntary basis. 5.5 Organisers should not retain personal data collected
in opinion polls after completion of these activities33.
Case 11 If data processors are appointed or engaged by the
organisers to destroy the personal data of
A complainant provided his personal data in a participants on their behalf, the organisers must
signature campaign organised by a political body. He comply with the relevant requirements under the
noticed that the purpose of collecting the personal Ordinance (see paragraph 3.15 above).
data and data transfer arrangement was not stated on
the form used for collecting personal data. According
to the organiser, it had indicated on the form that 6. Personal Data Protection Advice
“the personal data was collected solely for expressing for Members of the Public
_______________________________________________
views, and it would be destroyed afterwards”.
6.1 Upon receipt of emails or letters soliciting personal
In response to the complaint, the organiser data in relation to election, members of the public
undertook to take all practicable steps to supply must verify senders’ identity to ensure there is no
relevant information to the participants in similar fraudulent collection of personal data in the name
future events launched, including, for instance, the of government departments.
purpose for which the data was to be used, whether
6.2 In submitting the completed elector registration
it was obligatory or voluntary for participants to
form to the relevant authority, due care must be
provide the data, the classes of person to whom the
exercised regardless of the means of submission.
data might be transferred, and their right to request
For example, the envelope should be properly
access to a copy of their personal data and to request
sealed and the information of recipients should be
correction of the data. input correctly.
6.3 Members of the public may indicate on the elector
Lawful and Fair Collection registration form that emailing is their preference
5.3 When collecting personal data in opinion polls, for receiving electioneering communications from
organisers should carefully assess if the means of the candidates. Otherwise, the email address
data collection could confuse or mislead the provided would only be used by the relevant
participants. Vigilance should be exercised to avoid authority for communication purposes.
providing untrue or misleading information 6.4 Electors may exercise their right to object to receipt
concerning the background and objectives of the of electioneering communications from the
activities. If the organisers fail to identify themselves candidates and their affiliated political bodies.
as the data user to the participants, or fail to state 6.5 Electors who have changed their registration
the nature of the activities clearly (e.g. whether the particulars should report the change to the relevant
activities are “official” or “of legal effect”), this could authority as soon as possible for the record update.
amount to unfair collection of personal data31.

31
See footnote 5.
32
See footnote 13.
33
See footnote 14.

Guidance on Election Activities for Candidates, Government Departments, 8 July 2023

Public Opinion Research,Organisations and Members of the Public
6.6 If participants of opinion polls need to provide 7. A Final Note
_______________________________________________
personal data, they must ascertain if the organisers
of these activities have clearly stated the nature of In view of the huge volume and sensitive nature of the
the activities (e.g. whether the activities are personal data collected or used in election activities,
“official” or “of legal effect”) and identified candidates, government departments, public opinion
themselves. Participants are also reminded to research organisations and members of the public must
check if the organisers have provided them with make the best efforts to avoid leakage.
information such as the purpose of collecting the
personal data, and other matters required by the Data users are recommended to formulate a policy
Ordinance34. In case of doubts, enquiries should be on data breach handling and the giving of breach
made to the organisers. notifications35. In the unfortunate event of a data breach,
data users should consider issuing notifications to lessen
6.7 If personal data is collected by political bodies in the harm caused by the breach.
their activities such as distribution of or providing
assistance in making purchases of supplies, the The PCPD stands ready to offer assistance and respond
participants should ascertain whether the data to data breach notifications to all stakeholders. For
collected will be used in subsequent elections. If enquiries, please visit our website from which all
the participants do not consent to such use, they publications referred to in this guidance can be
should not provide their personal data. downloaded, or call our hotline at 2827 2827.

6.8 Members of the public should not give up their

personal data for small gains. Personal data
belongs to the data subjects themselves. They are
advised to be vigilant about protecting their own
personal data. Before providing personal
information through whatever channels, they
should first read the PICS and the privacy policy,
and get to know the other party’s identity and
background, as well as their purposes of collection,
the classes of transferees and whether the other
party is collecting excessive personal data, etc.
6.9 If members of the public believe that their personal
data have been collected or used improperly, they can
consider raising their queries and negotiating with the
individuals or organisations concerned. If they are
dissatisfied with the individuals’ or organisations’
response, they can complain to the PCPD.

34
footnote 3.
35
Reference can be made to the Guidance on Data Breach Handling and Data Breach Notifications issued by the PCPD.

Guidance on Election Activities for Candidates, Government Departments, 9 July 2023

Public Opinion Research,Organisations and Members of the Public
 PCPD website
pcpd.org.hk

Enquiry Hotline : (852) 2827 2827

Fax : (852) 2877 7026
Address : Unit 1303, 13/F, Dah Sing Financial Centre, 248 Queen’s Road East,
Wanchai, Hong Kong
Email : [email protected] Download
this publication
Copyright

This publication is licensed under Attribution 4.0 International (CC By 4.0) licence. In essence, you are free to share and adapt
this publication, as long as you attribute the work to the Privacy Commissioner for Personal Data, Hong Kong. For details, please
visit creativecommons.org/licenses/by/4.0.

Disclaimer
The information and suggestions provided in this publication are for general reference only. They do not serve as an exhaustive
guide to the application of the law and do not constitute legal or other professional advice. The Privacy Commissioner makes no
express or implied warranties of accuracy or fitness for a particular purpose or use with respect to the information and suggestions
set out in this publication. The information and suggestions provided will not affect the functions and powers conferred upon the
Privacy Commissioner under the Personal Data (Privacy) Ordinance.

First published in June 2000

April 2004 (First Revision)
February 2007 (Second Revision)
April 2010 (Third Revision)
October 2011 (Fourth Revision)
August 2015 (Fifth Revision)
December 2017 (Sixth Revision)
June 2020 (Seventh Revision)
July 2023 (Eighth Revision)

Guidance on Election Activities for Candidates, Government Departments, 10 July 2023

Public Opinion Research,Organisations and Members of the Public