PCPD: probes into helpers getting loans with employers' details

The Office of the Privacy Commissioner for Personal Data says it is looking into three cases of foreign domestic helpers provided their employers' personal information without their consent to financial institutions for loan applications.

The Office of the Privacy Commissioner for Personal Data details of follow-up actions on three complaint cases regarding foreign domestic helpers providing their employers' information without consent to foreign or local financial institutions for loan applications.

In two of the cases, financial intuitions sent WhatsApp messages and called the employers to remind their helpers to repay the loans. One domestic helper took out loans from four institutions.

The employer would receive four phone calls a day.

Another institution considered sending debt collectors to the complainant's residence unless the repayments are made before deadline.

Privacy Commisioner for Personal Data ADA CHUNG: "All the three helpers in question had contravened Data Protection Principle 3(1) of the Privacy Ordinance relating to the use of personal data."

The Data Protection Principle 3(1) of Schedule 1 states personal data shall not, without prescribed consent of the data subject, be used for a new purpose that is not related to the original purpose for which the data was collected.

Warning letters have been sent to the domestic helpers. However, in case of prosecution, a proof of relevant criminal intent is needed.

ADA CHUNG: "Under the existing ordinance under the Privacy Ordinance, we may issue an enforcement notice. And any contravention of the enforcement notice would amount to a criminal offence. In any prosecution, we have to prove that the person in question has the relevant criminal intent."

The PCPD states most foreign domestic helpers are well aware of the regulations and 21 cases from the first half of this year is not a large number.

The PCPD prepared a pamphlet for foreign domestic helpers in four languages to remind them to be cautious before using the employers' personal data.