Balance the legitimate needs of media and privacy of individuals
- A clearer avenue is needed for Hong Kong journalists seeking details of vehicle owners via the Transport Department’s database, as long as it is in the public interest
The prosecution of journalist Bao Choy Yuk-ling, who was fined in 2021 for her use of a government database, raised concerns within the city’s media community about legal risks faced by reporters.
Choy conducted what was considered at the time to be a routine search for details of a vehicle owner on the Transport Department’s website.
She was conducting research for an RTHK documentary about a mob attack on protesters during civil unrest in 2019.
The journalist was accused of making false statements by ticking a box declaring the purpose of her application to be “other traffic and transport related matters”. There was no box for journalism.
Choy’s conviction was overturned by the Court of Final Appeal last year. The judges found serious journalism to fall within the “other matters” category and said she had suffered an injustice.
The ruling offered reassurance to journalists. But it also highlighted a need for greater clarity, which the government promised to provide.
New rules on accessing vehicle details raise ethical and practical issues
Last week, new guidelines were issued for those wishing to access details of vehicle owners. They set out a procedure for applications, which is welcome, removing earlier doubts about legal risks.
But the new arrangements place a heavy procedural burden on journalists and others with a legitimate interest in obtaining such information. More transparency is required.
The process is relatively straightforward for applications by vehicle owners and those who have their consent to access the details. The same applies to those who need the information for matters such as insurance claims.
But applications on other grounds, such as by journalists working on news stories, are treated as exceptional. Such applications must be made directly to the Transport Commissioner who will decide whether to grant access.
Applicants are required to provide detailed reasons for seeking the information and supporting documentation. The commissioner will decide whether the public interest outweighs the privacy rights of the vehicle owner and the wider interests of society.
Some broad factors to be considered are provided. But more detail is needed for a better understanding of what is considered to be in the public interest.
The new arrangements form part of broader moves to digitise government services, including online applications for vehicle licences. But the Court of Final Appeal placed importance on freedom of expression and a free press, which should be taken into consideration.
A clearer avenue is needed for journalists legitimately seeking details of vehicle owners. Such investigations are integral to the watchdog role of the media and are generally in the public interest.
Greater clarity is needed to ensure the right balance will be struck between privacy protection and access to information.
