Issue about people posting photograph of others on web

A bit tired today after going back home from school...


I wake up quite early this morning as I need to have a medical check-up. The doctor says that my ankle is fine and I'm on the way to recovery. But I have to care about my diet.emoticon


After that I go to CWB and pick up my smart ID card. The photo is ugly. I look so fat on the phot, I have to be detemine and reduce my weight as soon as possible!!


What I've learnt today in Evidence Class is about whether character is admissible as an evidence in court. In criminal trial, bad character such as previous conviction is not allowed to be admitted generally. If it could be admitted, it would be bias and draw an inference that the accused is guilty based on previous conviction. Another thing I've learnt today is that an evidence alone may not be relevant to a fact in issue. However if it is combined with other facts, the probative value would be great!


Haven't seen a girl cried before me for a long time....don't know what wrong she is...hope she is fine...I don't know what difficulties you are facing..but u are not alone...u have many friends who are willing to listen to u...may be we aren't able to help u to solve the problem, but u will feel better after talking with friends... ...If u have any problem, feel free to call me....I'm willing to be your listener...emoticon


I want to talk sth about ppl posting photos on web. It is such an usual thing to share friends with photos...but have u imagined that such kind of act may breach the Personal Data (Privacy) Ordinance. Photograph can be treated as data in S2 of the Personal Data (Privacy) Ordinance where it states that the term "data" means ANY REPRESENTATION of information (includinga n expression of opinion) in any document, and includes a personal identifier. In other words, for the Ordinance to be applicable, the personal data concerned must be recorded in a document.


The next issue is to see whether photograph is a personal data. According to Eastweek, Riberiro JA ruled that the essence of the required act of personal data collection that the data user must thereby be compiling information about an identified person or about a person whom the data user intends or seeks to identify. The data collected must be an item of personal information attaching to the identified subject as in S2 of the Personal Data (Privacy) Ordinance. In other words, if the photographer took pictures of various groups of people; and he did not intend or sought to identify the people in the photograph. Thus, the gathering of information about an anonymous subject through photograph may not constitute the collection data as it does not fall within the meaning of S2. It means that a person is free to take photographs on the street if he does not intend to identify the person on the photograph.


However, by showing the faces of the individual's photograph on a web page, the issue is whether the act may breach the first data privacy principle in the Ordinance as people on the photograph may be identified by someone on the web who may know them. However in East, the majority of the Court of Appeal argued that even though the photo is capable of conveying the identity of its subject, it does not make the act of making the photograph an act of data collection as long as the photographer and his principals were acting without knowing or being at all interested in ascertaining the identity of the person being photographed.


Thus if someone posts a photograph on the web without mentioning who the person is, the act may not breach the data privacy principle as the one posting the photo does not have any interest in ascertainign the identity of the person being photographed. But if he posts the photograph with a caption identifying the person, he may breach the first data privacy principle as it is a personal data which enjoys the protection of the Ordinance. However if the person in the photograph has posted the photograph himself, it may be aguable that he/she has implied consent people downloading his/her photo from web. If he/she has posted the photograph on a web album with password protection, anyone who without his/her consent downloads and reposts the photo with caption which can identify the person willl breach the Personal Data (Privacy) Ordinance.