APPLICANT'S 'PERSONAL DATA' PROTECTED BY ORDINANCE

Published: 12:00am, 27 Feb 2003

I write in response to Kevin Sinclair's article headlined 'Town Planning Board's secrecy puts the interests of developers first' (South China Morning Post, February 19).

The Town Planning Board recognises that public interest in planning issues has been increasing over the years. The board has all along attempted to strike a balance between the transparency of its operation and the confidential nature of its business.

Its general principles and practice concerning release of information to the public are posted on the board's Web site (http://www.info.gov.hk/tpb). The name and details of an applicant for planning permission cannot be released to a third party without the consent of the applicant, because such information is 'personal data' which should be protected from disclosure under the Personal Data (Privacy) Ordinance and the equitable doctrine of confidence.

Mr Sinclair inquired last month about a planning application for a residential development at Nam Wan, Sai Kung. The secretariat of the board contacted the applicant and the name and telephone number of the contact person were passed on to Mr Sinclair. He has also had a meeting with the Planning Department's district planning officer for Sai Kung, who has explained the development proposal to him.

To further enhance transparency in the statutory planning process, provisions relating to the publication of all planning applications and the requirements for the applicants to notify the owners or obtain the owners' consent when making planning applications, are incorporated into the Town Planning (Amendment) Bill currently under preparation.

OPHELIA Y. S. WONG

for Secretary, Town Planning Board

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