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Following is a question by the Hon Cyd Ho and a written reply by the Secretary for Transport and Housing, Professor Anthony Cheung Bing-leung, at the Legislative Council meeting today (January 22):
Question:
In April last year, the Privacy Commissioner for Personal Data published an inspection report in relation to the use of closed-circuit television (CCTV) systems by the MTR Corporation Limited (MTRCL) in the public areas of MTR stations and train compartments. The report pointed out that "CCTV-in-operation notices" displayed by MTRCL in train stations and compartments were not conspicuous and provided inadequate information, there were inadequacies in the arrangements for the handling and destroying of footages (e.g. certain footages were actually kept longer than the retention period prescribed by MTRCL), and the sharing of the passwords of the CCTV systems among staff members of the Operations Safety Section heightened the risk of personal data leakage. Regarding the use of CCTV systems by public transport operators, government departments and public organisations in public areas, will the Government inform this Council:
(1) whether it knows (i) the respective numbers of CCTV cameras currently installed by MTRCL in the public areas of train stations along MTR lines and the Light Rail (LR) lines (and the number of train stations concerned respectively), and (ii) the respective numbers of CCTV cameras currently installed in the train compartments of MTR and LR (as well as the respective numbers of train compartments and trains involved); the number of the aforesaid notices displayed by MTRCL and their specific wording, and the number of notices detailing the privacy policies of MTRCL;
(2) whether it knows the purpose of and criteria for the installation of CCTV systems by MTRCL; of the criteria adopted by MTRCL for determining the locations and angles of CCTV cameras to be installed, and why such cameras have been installed only in some trains and train compartments;
(3) whether it knows MTRCL's retention period of CCTV footages at present, and the way by which the footages will be deleted afterwards; of the departments to which MTRCL staff who are authorised to inspect the footages belong and their ranks, and whether the resolution of the footages is high enough for the inspectors to recognise the faces of passengers; of the measures taken to ensure the footages are kept strictly confidential, and will not be duplicated, transferred or leaked;
(4) whether the government representatives on the Board of MTRCL (the Board) have monitored the implementation of privacy protection policies by MTRCL;
(5) whether it knows which licensed or franchised public transport operators (including but not limited to companies offering tram, peak tram, bus, light bus and ferry services) have installed CCTV cameras in the public areas of their stops/piers, vehicle compartments, ferry cabins and other passenger facilities; of the guidelines and measures the authorities have put in place to regulate these organisations in terms of the locations of CCTV cameras to be installed, the way of handling footages, as well as the retention of such footages for a reasonable period only; and
(6) of the number of CCTV cameras installed by government departments and public organisations in the public areas of their facilities, with a breakdown by department/public organisation; which departments are responsible for the installation, custody and operation of such cameras, and the retention period of the footages concerned; of the guidelines issued by the authorities to the relevant departments and public organisations regarding the installation of CCTV systems and the proper handling of footages?
Reply:
President,
In April 2013, the Office of the Privacy Commissioner for Personal Data (PCPD) published a report on the inspection of the Closed Circuit Television (CCTV) systems used by the MTR Corporation Limited (MTRCL) in public areas of train stations and train compartments. The report concludes that the installation and usage of the CCTV systems by MTRCL are reasonable and comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486)(Ordinance) in general. The report also sets out some improvement recommendations, which MTRCL is proactively following up. MTRCL will implement the report's recommendations in phases, and will inform PCPD on the progress in due course.
My reply to the various parts of the question is as follows:
(1) The number of CCTVs currently installed and used by MTRCL in the public areas of train stations and train compartments are at Annex 1.
MTRCL states that it strives to protect the privacy of passengers. Its installation and usage of CCTVs comply with the requirements of the Ordinance and the Guidance Note on CCTV Surveillance Practices (Guidance Note) issued by the PCPD in July 2010.
At the entrances of each MTR station, "CCTV-in-operation" notices are prominently displayed to inform passengers entering the station premises that CCTV surveillance is in operation. A notice has also been put up next to each CCTV camera inside train compartments that CCTV surveillance is in operation. MTRCL has similarly put up notices on the notice boards at all platforms of Light Rail stops. The wordings of these notices read:
"MTR CCTV in operation
Closed Circuit Television (CCTV) surveillance cameras are in operation on these premises. The CCTV cameras on these premises are being used for security and surveillance purposes. For enquiries, please call 2881 8888."
Besides, MTRCL has also prepared passenger information pamphlets, which amongst other things explains the details of the CCTVs used by MTRCL.
(2) CCTVs are installed within MTR premises (including station entrances/exits, concourses, entry/exit gates, platforms and train compartments, etc.) to manage passenger flow, monitor accidents and emergencies, deter crime and facilitate crime investigation, etc.
According to the PCPD's report, installation of CCTVs should not unduly intrude upon personal privacy. No CCTVs should be installed in places where people expect to have privacy (e.g. restrooms). The report points out that all CCTVs used in both public areas of station premises and train compartments are overtly (not obscurely) installed, and visible to commuters. The report also states that MTRCL has obligations to investigate into railway incidents and to ensure passenger safety. Therefore, for operational purpose, there are reasonable grounds for installing and using the CCTV systems.
Currently, not all train compartments are installed with CCTVs. Only new trains purchased are fitted with CCTVs, which is an accessary equipment when the trains are manufactured. This is also a commonly adopted standard technical specification among international railway operators these days. MTRCL does not have any plan yet to install the CCTV systems in trains currently without one.
(3) According to the information provided by MTRCL, the retention periods of CCTV footages stored in different MTR systems and locations, and MTRCL's means of destroying the storage devices are at Annex 2.
The resolution of CCTV footages is set according to operational and security need. To ensure that the security effect is continuously put to good use, MTRCL is of the view that it should not disclose information on the resolution of CCTV footages.
MTRCL has put in place stringent monitoring procedures to restrict only authorised persons to view footages when necessary. In general, all requests for footage viewing or copying require vetting and approval by responsible staff of managerial rank. Viewing and copying of the CCTV footages are to be arranged at designated locations.
(4) As with Government departments and other organisations, MTRCL has to comply with the requirements of the Ordinance. In compiling its administrative handbooks, operational manuals, etc., MTRCL also makes reference to the Guidance Note. As mentioned in the preamble of this reply, MTRCL will inform PCPD on the implementation of the improvement recommendations made by PCPD, and will report to the Board in due course. Due to the concern from PCPD and the public, the Government's representatives in the Board will keep watch over the relevant policies and implementation status by MTRCL.
(5) Vehicle owners or public transport service operators can install CCTVs on their own but such installation must not undermine driving safety. During routine vehicle examination, the Transport Department (TD) will check the CCTV installation on-board as well to make sure that it does not affect driving safety. The Government has also reminded the transport operators that the use of CCTVs must comply with the requirements of the Ordinance and make reference to the Guidance Note of PCPD.
Installation of CCTVs by various public transport operators is at Annex 3.
(6) All Government departments and public organisations make reference to the Guidance Note when installing and using CCTVs. As for the details of the CCTV cameras installed by Government departments and public organisations in public areas of their facilities, due to the vast extent of the information requested as well as the large number of Government departments and public organisations involved, it takes time to collate all information which cannot be provided at this stage.
Ends/Wednesday, January 22, 2014
Issued at HKT 13:12
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