New rules on accessing vehicle details raise ethical and practical issues
- The government has since the civil unrest placed much emphasis on protecting privacy. It is important but so is freedom of expression
The conviction of journalist Bao Choy Yuk-ling for her use of a government database, while working on a documentary about a mob attack on protesters during civil unrest in Hong Kong, sent shock waves through the city’s media sector.
Journalists had, for many years, accessed details of vehicle owners by doing such searches. It had not been suggested this constituted a crime. But Choy was fined HK$6,000 in 2021 for making false statements when obtaining ownership details of a vehicle as part of her investigation for the award-winning programme.
The verdict exposed journalists seeking information from the Transport Department’s website to serious legal risks. Thankfully, Choy’s convictions were overturned on appeal last year. The judges said she had been the victim of a “substantial and grave injustice”.
Choy had ticked a box on the database stating she needed the information for “other traffic and transport related matters”. The judges said this was not a false statement as the category covered serious investigative journalism.
But they suggested there was a need for reform as it was broad enough to also permit searches for the purpose of gossip, sensationalism, stalking or unsolicited marketing. The government promised to review the process for this and other databases. New guidelines were released this month.
Media will need Hong Kong transport chief to approve access to vehicle registry
The arrangements, which came into force last week, raise fresh questions about the extent to which journalists will be able to access the information. A simple process is provided for vehicle owners, those with their consent to access details and applicants involved in matters such as buying or selling a vehicle or pursuing a compensation claim. But applications on other grounds must be made directly to the Commissioner of Transport. They will, it seems, only be granted in exceptional circumstances. Applicants must provide detailed reasons for requesting the information and supply supporting documentation. The commissioner will then decide whether the public interest in providing the details outweighs the privacy rights of the vehicle owner and the interests of society.
Commissioner of Transport, Angela Lee Chung-yan, said she will personally review such applications. This might keep her busy. A Legislative Council paper revealed that in 2010 there were 2,800 applications by the media.
But the new arrangements are likely to deter journalists from applying. And that is a problem.
The guidelines suggest the government has weighed the scales strongly in favour of the right to privacy, rather than that of access to information. Freedom of expression, regarded as an important factor by the Court of Final Appeal, does not even get a mention.
The court’s ruling reopened the door to applications by journalists and others through the “other traffic and transport related matters” option. The government has dealt with this by removing that category from the declared purposes of the register.
It should not be forgotten that the judges found the “other matters” category reflected the broader purposes of the Road Traffic Ordinance.
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The new arrangements raise ethical and practical problems for journalists. They seem to require reporters investigating sensitive stories, possibly based on information from sources, to reveal their findings to the government before publication. No self-respecting journalist will feel comfortable doing that.
The government has, since the civil unrest in 2019 which saw a spate of doxxing, placed much emphasis on protecting privacy. But a new law was passed in 2021 to combat the malicious distribution of personal information.
Privacy is important, but so is freedom of expression. Much more needs to be done to provide legitimate channels for obtaining information held by the government. We are still waiting for the publication of Law Reform Commission reports on an archives law and access to information legislation five years after public consultations on these issues.
The new guidelines for accessing information on vehicle owners will guard against abuse. But they must also ensure sufficient access for journalists and others seeking information in the public interest.
