Privacy Policy Statement
The Hong Kong Bar Association ("HKBA") is committed to respect and safeguard the privacy and security of the personal data it holds. HKBA aims to meet this commitment by implementing the principles and requirements of the Personal Data (Privacy) Ordinance, Cap 486 ("PDPO") with precautions and due diligence. The policy of HKBA in handling personal data is stated in this Privacy Policy Statement which is publicly accessible on HKBA's website at www.hkba.org.
The kinds of personal data collected and held
Broadly speaking, the kinds of personal data held by HKBA can be classified into the following categories :-
(a)
Admission and practising records of barristers which include personal data of applicants in applications for admission and practising certificates as Hong Kong barristers; qualifying examination records; applications, statements, returns, information, notifications and professional indemnity records provided by data subjects in relation to their legal practices;
(b)
Pupillage records of pupils which include personal data of applicants in applications for pupillage/limited practice/full practice; participation records for Advanced Legal Education Programme, legal training courses, seminars, workshops and other activities held by HKBA for pupils pupillage's logbooks and certificates of pupil masters;
(c)
Membership records which include personal data of applicants in applications for different types of membership; membership cards issued; membership numbers assigned by HKBA; legal education and professional qualifications and related information; participation and/or accreditation records for Continuing Professional Development courses, legal training courses, seminars, workshops and other activities held by HKBA and the Hong Kong Advocacy Training Council (“HKATC”), either solely or jointly with other organisations or entities; applications, statements, returns, information, notifications and professional indemnity records provided by members in relation to their legal practices;
(d)
Overseas admission records of overseas barristers which include personal data of applicants in applications for sitting in the Barristers Qualification Examination; records relating to admission and practising certificates as Hong Kong barristers; applications, statements, returns, information, notifications and professional indemnity records provided by data subjects in relation to their legal practices;
(e)
Ad-hoc admission records which include personal data of applicants in applications for ad-hoc admission as Hong Kong barristers; records relating to admission and relevant certificates; applications, statements, returns, information, notifications and relevant records provided by data subjects in relation to their legal practices;
(f)
Barristers' and Pupils' disciplinary investigations and Barristers Disciplinary Tribunal records which include personal data collected in relation to complaints received by HKBA; compliance checks, inspections, interventions, investigations, disciplinary tribunal hearings, enforcement actions and regulatory activities undertaken by HKBA under the Legal Practitioners Ordinance and its subsidiary legislations, Rules and Regulations, Code of Conduct of HKBA, and any laws of Hong Kong;
(g)
Funds and Scholarships records which include personal data collected in relation to applications for funds and scholarships administered by HKBA; and donations/gifts/moneys received for such funds and scholarships;
(h)
HKBA's internal personnel records which include personal data of staff employed by HKBA in the resumes, recruitment data, employment particulars, details of salary, payments, benefits, performance appraisals, disciplinary matters, leave and sickness records, Mandatory Provident Fund scheme records, records of service of HKBA's employees, agents and contractors, personal data of the employees' spouses and next of kins;
(i)
Records collected on webservers which include email addresses, login ID and passwords collected from members for the provision of webmail service and online members' zone by HKBA and communications between HKBA and the members through electronic communications devices. Information on the website traffic and access hits of the contents of HKBA's website are tracked without identifying any individual when providing these online services. In the process, no personal data is collected;
(j)
Other miscellaneous records which include enquiries from the media and non-members and related communications; personal data held in minutes and records of meetings; personal data of members of the Bar Council, the Barristers Disciplinary Tribunal, committees, sub-committees, advisory boards, working parties, and panels; and personal data collected by HKBA when organising and supporting training, social, recreational and other programmes and/or activities of HKBA.
Main purposes of using the personal data
Personal data held in:-
(a)
Admission and practising records of barristers are kept for the purposes of enabling HKBA to perform its functions in connection with admission of barristers in Hong Kong and matters relating to members' legal practices under the Legal Practitioners Ordinance and its subsidiary legislations and Rules and Regulations of HKBA;
(b)
Pupillage records of pupils are kept for the purposes of enabling HKBA to perform its functions in connection with applications, registration and completion of pupillage and matters relating to pupils' training and legal practices under the Legal Practitioners Ordinance and its subsidiary legislations, Rules and Regulations and Code of Conduct of HKBA; and to keep a register of pupils in Hong Kong;
(c)
Membership records are kept for the purposes of enabling HKBA to perform its functions and powers under its Constitution, the Legal Practitioners Ordinance and its subsidiary legislations, Rules and Regulations and Code of Conduct of HKBA; enabling HKATC to fulfil its aims; and to provide and maintain a Bar List which is assessable by the public;
(d)
Overseas admission records of overseas barristers are kept for the purposes of processing the applications for sitting the Barristers Qualification Examination; enabling HKBA to perform its functions in connection with admission of overseas barristers in Hong Kong and matters relating to their legal practices under the Legal Practitioners Ordinance and its subsidiary legislations, Rules and Regulations and Code of Conduct of HKBA; and of keeping a register of overseas barristers in Hong Kong;
(e)
Ad-hoc admission records are kept for the purposes of enabling HKBA to perform its functions in connection with ad-hoc admission of overseas barristers in Hong Kong and matters relating to their legal practices under the Legal Practitioners Ordinance and its subsidiary legislations, Rules and Regulations and Code of Conduct of HKBA; and to keep a register of ad hoc admission in Hong Kong;
(f)
Barristers' and Pupils' disciplinary investigations and Barristers Disciplinary Tribunal records are kept for the purposes of carrying out HKBA's regulatory functions; responding to and taking follow up-actions on complaints received by HKBA against members of the Bar and pupils; carrying out investigation, enforcement, and other regulatory actions under the Legal Practitioners Ordinance and its subsidiary legislations, Rules and Regulations and Code of Conduct of HKBA;
(g)
Funds and Scholarships records are kept for the purposes of processing applications in relation to funds and scholarships; and administering donations/gifts/moneys received by HKBA for such funds and scholarships;
(h)
HKBA's internal personnel records are kept for the purposes of HKBA's human resource management which include the recruitments, appointments, payment of salaries and benefits, the processing of medical claims submitted by the employees, their spouses and next-of-kin, filing of tax returns, performance appraisals, disciplinary and termination records and the issuance of records of service of employment;
(i)
Records collected on webservers are kept for the purposes of administering the web services provided by HKBA;
(j)
Other miscellaneous records are kept by the Bar Secretariat for the purposes of performing its administrative and executive functions and giving support and assistance to the Bar Council, the Barristers Disciplinary Tribunal, committees, sub-committees, advisory boards, working parties, and panels of HKBA; carrying out training, social, recreational and other programmes and/or activities organized and/ or supported by HKBA; kept by HKBA for discharging its functions and powers under the Legal Practitioners Ordinance and its subsidiary legislations, Rules and Regulations and Code of Conduct of HKBA.
Disclosure of personal data
Personal data contained in the Bar List are public information. Other than that, personal data supplied to HKBA will be kept confidential. However, HKBA may disclose such data to or such data may become accessible or known to employees, agents, service providers and professionals of HKBA and HKATC who provide services to assist in fulfilling the purposes for which it was collected. Disclosure of personal data other than the prescribed purposes mentioned above will only occur when HKBA has obtained the data subject's consent, or as may be required by law.
Data retention
Unless there is a specific legal requirement to keep the data, HKBA will take all reasonably practicable steps to erase the personal data held which is no longer required for the purposes for which the data was originally collected.
Commitment to data security
HKBA is committed to protecting the security of personal data it holds. HKBA uses a variety of physical, technological, and organizational measures to help protect personal data from unauthorized or accidental access, processing, erasure or other use.
Changes to the Privacy Policy Statement
HKBA will post on its website at www.hkba.org any changes to its Privacy Policy Statement.
Access to and correction of personal data
A data subject is entitled to make a request for access to and correction of the data held by HKBA. Any such request should be made by completing the Data Access Request Form (OPS003) specified under the Personal Data (Privacy) Ordinance (Cap 486) and sending it to :-
The Honorary Secretary, the Bar Secretariat, LG2, High Court Building, 38 Queensway, Hong Kong.
A fee is chargeable by HKBA for complying with a data access request as permitted under the Personal Data (Privacy) Ordinance.
