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Call to end spying on hurt workers

A labour group yesterday called for legislation to protect injured workers who are spied upon after claiming compensation from insurers.

The call from the Association for the Rights of Industrial Accident Victims came a week after a District Council judge ruled a covert surveillance operation by the Independent Commission Against Corruption breached the Basic Law.

Association chief executive Chan Kam-hong said telephone taps and hidden cameras were often used during investigations into claims lodged by workers injured in industrial accidents.

'To prove in court the injury of the plaintiff is not as serious as reported, the defendant can send somebody to spy and tape the daily lives of the accident victim in the hope that favourable evidence will be found,' he said.

Mr Chan said many defendants, especially insurance companies, abused this evidence-gathering method to harass accident victims.

'They use it as a tactic to threaten and create pressure on the plaintiffs, hoping that they will give up claiming compensation or reduce the amount,' he said.

The association receives about 1,000 inquiries regarding industrial accidents every year, of which about 300 involve civil claims.

Mr Chan said most victims pursuing compensation had been harassed by defendants, regardless of whether the claims were settled in or out of court.

He suggested courts establish guidelines that clearly state evidence involving the surveillance of victims can be submitted only when it has been obtained under fair conditions.

He urged the government to amend existing legislation to empower police to tackle such invasions of privacy.

A spokeswoman for the Office of the Privacy Commissioner for Personal Data declined to confirm whether the use of telephone taps and hidden cameras in insurance claims violated the Personal Data (Privacy) Ordinance, saying it should be assessed on a case-by-case basis.

However, she stressed that personal information should be obtained under lawful and fair circumstances.

Construction worker Ng Koon-ki, who was injured in an industrial accident six years ago, said he was forced to endure spying for more than three years before eventually receiving his compensation payment from the insurance companies last month.

The 46-year-old said he was forced to consider withdrawing his compensation claim because his family members were also being harassed.

'They kept making calls to our home and following us. They also used hidden cameras to tape us. My family was so scared and worried that they asked me to forget the compensation,' he said.

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