*******************************************************
Following is a question by the Hon Tam Yiu-chung and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (April 25):
Question:
In reply to my question raised at the Council meeting of July 6 last year concerning the arrangement of the Social Welfare Department (SWD) in requiring Social Work Officers (SWOs) to use their personal identity card (ID card) numbers to act as appointees of relevant Comprehensive Social Security Assistance (CSSA) applicants concerned, the Secretary for Labour and Welfare (SLW) pointed out that SWD had considered the feasibility of using other proofs of identity, such as Government Identity Card/Departmental Identity Card (GIC/DIC) numbers, as substitute for ID card numbers, but as the numbers of such proofs may be changed and replaced, and other information shown thereon may be outdated, they are not safe and unique means for identification purpose, and the use of them to replace ID card numbers may result in a higher risk of mistakes in the release of CSSA payments when the appointees approach SWD for immediate advance of cash for recipients. SLW also indicated that for the aforesaid reasons, SWD is still adopting the existing arrangement but will continue to explore the feasibility of using other identity documents to replace ID cards. In this connection, will the Government inform this Council:
(a) given that SLW indicated that SWD will continue to explore the feasibility of using other identity documents to replace ID cards, whether any concrete progress has been made so far; if so, of the details; if not, the reasons for that;
(b) with regard to the concern that GIC/DIC numbers are not safe and unique means for identification purpose, whether SWD can make use of such card numbers and verify against the departmental records and staff management and accounting records to confirm the identity of SWOs; if it can, whether the authorities will use GIC/DIC numbers as substitute for ID card numbers; if not, of the justifications for that; and
(c) in the meantime when SWD continues to explore the feasibility of using other identity documents to replace ID cards, how SWD protects the privacy of the personal data of SWOs contained in the case files concerned (including whether the documents therein which contain their ID card numbers are put in sealed envelopes, and with such numbers obliterated); further, of the details of the next step of work of the authorities in exploring the feasibility of using other identity documents?
Reply:
President,
My reply to the Hon Tam Yiu-chung's question is as follows:
(a) and (b) As mentioned in our reply of July 6, 2011, the Social Welfare Department (SWD) has consulted the Department of Justice on the practice of having social workers of SWD acting as appointees. The legal advice was that requiring an appointed SWD social worker to provide his Hong Kong Identity Card (HKIC) number when he applied for Comprehensive Social Security Assistance (CSSA) on behalf of another person, for the purpose of clearly establishing his identity as an appointee, was in compliance with the requirements of the "Code of Practice on the Identity Card Number and other Personal Identifiers" (the Code) issued by the Office of the Privacy Commissioner for Personal Data (the Office), and also in the interest of the HKIC holder. Besides, the legal advice pointed out that SWD might, based on Section 5 of the Registration of Persons Ordinance (Cap. 177), require any person registered thereunder to, in all dealings with the Government, furnish his HKIC number and, as far as practicable, the HKIC number of any other person whose particulars he was required by law to furnish.
The Office understands that the practice adopted by SWD aims to ensure the proper use of public fund and safeguard the interests of the CSSA applicants and the appointees themselves. The Office considers that there is no prima facie evidence of SWD's practice contravening the Personal Data (Privacy) Ordinance (Cap. 486) and the Code.
As regards cases involving social workers of SWD acting as appointees, SWD has considered the feasibility of using other proofs of identity such as the Government Identity Card number/Departmental Identity Card number as substitute for the HKIC number. However, the numbers of such proofs may be changed and replaced. Moreover, other information shown thereon may be outdated. Therefore, they are not safe and unique means for identification purpose, and the use of them to replace the HKIC number might result in a higher risk of mistakes in the release of CSSA payments through immediate advance of cash.
(c) Whilst SWD will maintain the existing practice, it has enhanced measures to protect the privacy of appointees' personal data. For example, when a social worker of SWD is appointed as an appointee, it is no longer necessary for the responsible social security field unit to enclose in the notification to the service unit of the social worker a copy of the appointment form containing the appointee's HKIC number. The replacement notification memo only contains such information as the appointee¡¯s name and post. SWD has also required all casework service units to, before filing the relevant CSSA documents, delete from such documents the HKIC numbers of SWD social workers acting as appointees.
Ends/Wednesday, April 25, 2012
Issued at HKT 11:30
NNNN
