Privacy Policy

Privacy Policy
Kinds of Personal Data Held
Main Purposes of Keeping Personal Data
Practices
Data Access or Correction Requests
Charges

 

We respect personal data and are committed to fully implementing and complying with the data protection principles and all relevant provisions of the Personal Data (Privacy) Ordinance and codes of practice issued by the Privacy Commissioner for Personal Data by -

• collecting personal data directly related to the functions and activities of the Department, only for lawful purposes, and by lawful and fair means;
• taking all reasonably practicable steps to ensure that personal data are accurate, up-to-date and kept no longer than necessary;
• using the personal data collected only for purposes or directly related purposes for which the data were to be used at the time of the collection, unless the individual concerned has given his/her consent to a change of use or such use is permitted by law;
• taking all reasonably practicable steps to ensure that personal data are protected against unauthorized or accidental access, processing, erasure or other use;
• taking all reasonably practicable steps to ensure that a person can be informed of the kinds of personal data that the Department holds and the purposes for which the data are to be used; and
• permitting the persons to access and correct personal data of which they are the data subjects and process the data access/correction requests in a manner permitted or required by law.

We hold the following types of personal data -

Operational records

- personal data are collected from individuals during the daily operation of the Department. Examples are personal data collected from the following categories of data subjects: importers, cross boundary passengers and drivers having undergone customs clearance or selected for personal search, consignee or his representative who witnesses the process of cargo examination, visitors boarding a vessel selected for customs action, airline staff collecting unclaimed baggage, persons whose belongings are detained/seized and persons submitting Import Return on motor vehicles;

Licensing records

- these include personal particulars of applicants for Dutiable Commodities licences, licences/authorizations to import/export controlled chemicals, permits to remove controlled chemicals in transhipment, storage approval for the storage of Schedule 1 or 2 substances under the Control of Chemicals Ordinance, Cap. 145, licences for the manufacture of optical discs, registration as motor vehicle importer/distributor, waiving of duty on hydrocarbon oils, etc;

Crime investigation and prosecution records

- including personal data on suspects, defendants and witnesses who are involved in illegal activities such as smuggling, drug trafficking and abuse of narcotic drugs, intellectual property infringements, false trade description of goods involving origin, licensing and transhipment frauds, illegal import and export of strategic commodities, provision of services for the development and production of weapons of mass destruction, offences against the Ordinances enforced by the Department such as Dutiable Commodities Ordinance, Consumer Goods Safety Ordinance, Import and Export Ordinance and so on;

Criminal conviction records

- these include personal data on persons who have been arrested or convicted of offence;

Employment-related personal data on serving officers and former employees

- these personal data include records of personal and family particulars, education and qualifications, employment history, salary and allowances, terms and conditions of service, housing, medical records, leave and passages, training, investments, outside employment, appraisal reports, promotion board assessments, conduct and discipline and retirement and pension; and

Other records

- including members of the public who make requests under the Code on Access to Information and the Personal Data (Privacy) Ordinance or make enquiries or complaints to the Department.

The Department also holds personal data of persons other than civil servants, including applicants for vacant posts (for appointment as Inspector of Customs and Excise, Customs Officer and Assistant Trade Controls Officer) and non-civil service contract staff employed by the Department.

In general terms, we collect personal data for the following purposes -

• to protect the Hong Kong Special Administrative Region against smuggling;
• to protect and collect revenue on dutiable goods;
• to detect and deter narcotics trafficking and abuse of narcotics drugs;
• to protect intellectual property rights;
• to protect consumer interests;
• to protect and facilitate legitimate trade and industry and to uphold Hong Kong's trading integrity;
• to fulfil international obligations;
• to serve for a range of employment-related purposes including appointment, integrity checking, postings and transfers, offer/renewal/extension of agreement, incremental credit, training and career development, revision of terms and conditions of service, promotion, discipline, continuation in or removal from office, pensions, retirement benefits and provisions of testimonials. Some personal particulars may be published in Government publications; and
• to serve various purposes such as recovering damages for government vehicles and dealing with enquiries or complaints from members of the public.

The Deputy Commissioner is responsible for assessing, monitoring and reviewing personal data protection measures to ensure due compliance with the Ordinance within the Customs and Excise Department.

The following Formation Heads have been appointed as the Personal Data Privacy Officers, responsible for ensuring that the Department's personal data protection measures are applied to the collection, handling, use, processing and disclosure of personal data -

The following are maintained by the respective Personal Data Privacy Officers to ensure compliance with the Ordinance -

• A register of requests made under the Ordinance;
• A Data Protection Log Book, as provided for in section 27 of the Ordinance; and
• Data Access Request Forms (Form OPS003) for access to personal data held by the Department.

Data access or correction requests may be made by letter or on a request form obtainable from the following places :

1. Office Management and Support Units of all Major Formations;
   
   
2. Licence & Permit Division
   Customs and Excise Department
   Office of Dutiable Commodities Administration
   Licence & Permit Division
   3/F, Customs Headquarters Building
   222 Java Road, North Point
   Hong Kong

Requests should be addressed to:

A charge will be imposed to cover the cost of photocopying personal data at the rate of HK$1.00 per photocopy or as otherwise provided for or approved by the Secretary for Financial Services and the Treasury.

Customs and Excise Department