Hong Kong police launch probe of taxi driver who caused uproar by uploading breastfeeding photo
But driver may not have broken privacy law if he did not know the woman’s identity, former watchdog chief says
But a former privacy chief said the cabbie might not have breached data privacy laws if he did not know her identity.
A police insider told the Post that the cybersecurity and technology crime bureau was investigating if the driver had broken the law as the case had caused widespread public concern.
“It seems to us that the driver took the picture deliberately by using selfie functions of the phone camera placed in front of him. The photo does not look like an image from a closed-circuit television system,” the police source told.
“Personally the situation is no different to taking an upskirt photo.”
The bureau was investigating the matter as a case of dishonest access to a computer or outraging public decency. It is understood that the force was still trying to locate the cabbie on Monday.
The male driver posted the picture on a Facebook community group on Saturday with the caption: “Seriously, is this for real?”
The post, which has since been deleted, sparked a backlash from internet users, many of whom criticised the cabbie for disrespectful behaviour.
Health minster Dr Ko Wing-man joined in the outcry, urging people to show respect for breastfeeding mothers. He slammed the driver for intruding on someone’s privacy.
“If the woman reserved the taxi service by phone, the driver might have acquired her name, address and phone number. Further down, there could be a possibility of breaking the rule if the driver did not ask the woman for permission before uploading the picture,” he said.
Chiang added that the driver would not have breached the privacy rule if he did not know the identity of the woman, because the regulation is designed to protect privacy rights in relation to personal data.
He said the ordinance, which came into force 20 years ago, had failed to keep pace with developments in technology and urged the privacy watchdog to review the regulations.
“Privacy ranges from personal data to surveillance, which can easily be done nowadays by devices like smart phones. But the ordinance does not cover such privacy.”
The Democratic Party and the Business and Professionals Alliance for Hong Kong held protests on Monday to condemn the cabbie’s actions.
The parties also urged the taxi industry to respect passengers’ privacy and support breastfeeding.
The privacy watchdog declined to say if it had received complaints or launched an investigation.
