Journalists will need official nod to access vehicle registry
Transport commissioner to review applications on basis of public interest and national security
Journalists will need permission from Hong Kong’s transport commissioner to access the personal information of vehicle owners, with authorities saying applications might be rejected on national security grounds or if a case is not in the public interest.
Commissioner for Transport Angela Lee Chung-yan yesterday said she would personally review any applications from media outlets to access the government’s vehicle registry to determine whether the “benefits to public interest outweighed the owner’s rights to privacy”.
“If the commissioner reasonably believes that approving a particular application will be contrary to the interests of national security, or is likely to threaten public safety or prejudice the maintenance of public order, the application shall be rejected,” the new guidelines state.
Last June, the Court of Final Appeal ruled in favour of freelance producer Bao Choy Yuk-ling and said journalistic work was a valid reason for accessing official records, with the data used for a documentary critical of police action during the 2019 anti-government protests.
But media outlets from Monday would only be allowed to file applications to access data such as motorists’ names and addresses under “exceptional circumstances”.
Commissioner Lee said her department could consult other government bodies during the review process, but stopped short of saying how long it could take to approve an application.
“Journalists, or people from other industries accessing the data, will have to file a written submission detailing the purpose of obtaining the data, how the data will be used and publicised, and the measures taken by the applicant to ensure the privacy of the vehicle owner is not invaded,” she said.
“They also have to declare that they have no alternative ways of obtaining the information.”
She said there were no “onesize-fits-all” criteria for weighing “public interest” against vehicle owners’ right to privacy, adding the government would consider applications on a case-by-case basis.
The guidelines also allow vehicle owners, or those with written consent from the person, to apply through normal channels if they are selling the vehicle, making an insurance or compensation claim, or taking part in related legal proceedings. Other reasons include filing an application for the sake of recovery fees or loan payments, as well as seeking permission to move a vehicle found trespassing on private land.
The shake-up is part of a series of digitalisation initiatives announced by the department that allow drivers and vehicle owners to renew and apply for licences online.
The commissioner said the department had begun the reforms in light of Choy’s legal case. The current system no longer included the “other traffic and transport-related matters” that the freelancer had used to access the registry.
Assistant Commissioner for Transport Candy Kwok Wai-ying yesterday said: “The court verdict stated that the personal data on the registry involved privacy rights, and the transport commissioner has the responsibility to manage the data and lower the risk of exposing the data to abuse.
“The department must ensure that access to the data fulfils the purpose of the database and is obtained lawfully and appropriately.”
The department has blocked all online applications to access the registry until Monday.
Professor Francis Lee Lapfung, of Chinese University’s journalism and communications school, said the overhauled application system would create more hurdles for reporters.
Potential issues included uncertain application processing times, whether the government had the expertise to determine what constituted public interest and the possibility of conflicts of interest if an official came under the media spotlight, he said.
The Hong Kong News Executives’ Association said while they agreed with striking a balance between rights to access information and privacy, the department did not clearly define “matters of public interest” nor provide an appeal mechanism.
“The association hopes the department will state the application terms more clearly and definitively to increase transparency, and list professional news reporting as a matter of public interest to better protect the public’s right to know,” the association said in a statement yesterday evening.
The Hong Kong Journalists Association said they were not satisfied with the new arrangements and argued it was “extremely inappropriate” for a government official to decide what constituted “public interest” and to interfere in the work of journalists.
They also have to declare that they have no alternative ways of obtaining the information COMMISSIONER FOR TRANSPORT ANGELA LEE