Access Meeting Recording Rights

Summary

Under Hong Kongs Personal Data (Privacy) Ordinance, you can request access to personal data, including meeting recordings, through a Data Access Request (DAR). Employers must provide your personal data, even if others are involved, by redacting their information. Voices can be considered personal data if identifiable. Anonymizing techniques like altering voice pitch or blurring faces are feasible with tools like Adobe Premiere Pro and Audacity. A pending lawsuit is not required to access personal data. If denied, reiterate the technical feasibility of anonymization. Consider consulting an employment lawyer for further assistance.

Full Conversation

Do you have basic knowledge on the privacy law in Hong Kong?
Sure, I can provide some basic information on Hong Kong's privacy laws. The primary legislation governing personal data privacy in Hong Kong is the Personal Data (Privacy) Ordinance (PDPO). Here are a few key points:
- Data Protection Principles (DPPs): The PDPO outlines six Data Protection Principles governing the collection, accuracy, use, security, openness, and access to personal data.
- Consent: Personal data should be collected with the consent of the individual.
- Use Limitation: Data should only be used for the purpose for which it was collected unless further consent is obtained.
- Security: Organizations must ensure that personal data is protected against unauthorized or accidental access, processing, erasure, or other use.
Do you have a specific question or situation regarding privacy law in Hong Kong?
My Employer had recorded a work meeting where they were discussing a potential breach in contract with myself and two supervisors. They are currently refusing to share a version of that recording with me. Do I have the right to a copy of this recording?
Under the Personal Data (Privacy) Ordinance (PDPO) in Hong Kong, you may have the right to access personal data that an organization holds about you. This includes recordings if they contain personal data.
- Data Access Request (DAR): You can request access to personal data. The organization must respond within 40 days.
- Exemptions: Some exemptions apply, like if disclosing the recording would affect ongoing investigations or legal proceedings.
Would you like more details on how to file a Data Access Request?
They claim that they cannot comply with my request due to the fact that my two supervisors were present in the meeting, and that the recording contains their personal information. Is that valid?
It seems valid to a degree, but not entirely. Under the PDPO, while organizations must protect the privacy of all individuals involved, they should also provide personal data upon request. You might suggest that they redact the supervisors' personal information before providing the recording.
Would you like more details on how to proceed with this request?
I partially want this recording of this meeting because it can play as evidence for my employer's malpractice and workplace-abuse, verbal abuse in particular. I would prefer to have the copy of the video containing their voice
You can file a Data Access Request (DAR) to obtain your personal data. The organization should redact others' personal information but still provide you with relevant parts.
Would you like information on how to file a DAR or details on workplace abuse regulations in Hong Kong?
Would you consider someone's voice personal information?
Yes, under the Personal Data (Privacy) Ordinance (PDPO) in Hong Kong, someone's voice can be considered personal information if it can identify an individual. Since your employer's recording includes voices, it may qualify as personal data.
Would you like more details on how to proceed with your Data Access Request (DAR)?
What if the employer were to redact names and change the pitch of the audio so it is no longer identifyable?
If the employer redacts names and alters the pitch of the audio to make voices unidentifiable, it could potentially address privacy concerns of the supervisors. However, it is still important that your identifiable information remains accessible to you under the Personal Data (Privacy) Ordinance (PDPO).
Would you like guidance on how to proceed with a Data Access Request (DAR) in this context?
I may require the video or at least the audio in full to pursue legal action against the company for termination without cause.
You have a potentially strong case, especially if the recording can serve as evidence for wrongful termination and workplace abuse. Here are some steps you can take:
*. Data Access Request (DAR): File a DAR to request your personal data, emphasizing that redacting others' personal information is acceptable.
*. Legal Consultation: Consider consulting a lawyer specializing in employment law in Hong Kong to help with your case.
Would you like more information on how to file a DAR or connect with legal professionals?
Would a pending lawsuit be required for the workplace to share the video in full? otherwise they may continue to refuse access to this video
In Hong Kong, a pending lawsuit is not necessarily required to access personal data. You can file a Data Access Request (DAR) under the Personal Data (Privacy) Ordinance (PDPO) without having a lawsuit in place. The organization must comply, unless specific exemptions apply.
Would you like more information on how to file a DAR or on employment law specialists?
What practices may be employed to aid anonymizing a video and or audio file of a meeting containing myself and two supervisors? one of which is a shareholder
To anonymize a video or audio file, you can:
- Redact Names: Remove or bleep out the names mentioned.
- Alter Voices: Change the pitch to make voices unidentifiable.
- Blur Faces: Use software to blur or pixelate faces in the video.
- Subtitles: Replace spoken words with subtitles, ensuring personal information is omitted.
Would you like information on any specific software or tools for these practices?
yes what tools may be used to achieve this
For anonymizing video or audio recordings, here are some tools you can use:
- Adobe Premiere Pro: For redacting names, altering voices, and blurring faces.
- Audacity: For altering voice pitches in audio files.
- HandBrake: For video editing and adding subtitles.
- Shotcut: Free tool for video blurring and editing.
Would you like more details on any specific tool?
They are claiming it is technically not feasible to achieve this. is this valid?
Given the tools and methods available, it is not generally valid to claim that anonymizing a video or audio file is "technically not feasible." Many software solutions can achieve this.
You might consider reiterating your request, highlighting the technical feasibility. Would you like more details on how to respond to their claim?