How would you react if you discovered your picture had been used in a promotional pamphlet, depicting you as someone you are not? Lau Chi-ming, 25, was outraged when he saw himself depicted as a nurse promoting a 24-hour nursing service. When he saw his face in the pamphlet while in a clinic, the marketing officer was angry that the picture, taken during a university function several years ago, had been used without his permission. 'At first I thought it was hilarious to be portrayed as a nurse. But then I was outraged as my picture was used by a nursing company without my approval,' he said. Lau, who works for a company specialising in patent and copyright issues, said he was considering writing to Bamboo Professional Nursing Services, the company that used his picture in the pamphlet. 'It is just bizarre,' said Lau, who suspects his picture was leaked by a printing firm. A Bamboo hotline employee said all the people shown on the pamphlet were members of its nursing staff who could provide services 24 hours a day. But when the Post called the company again, a marketing executive said she had no idea why Lau's picture had been used. Anthea Yiu Oi-po, Bamboo's senior marketing executive, did not believe that using a picture of someone who was not a staff member would mislead clients. 'There might be a possibility that the designer, who has left the company, used a picture of his friend.' Yiu said she was sorry if the pamphlet, which had been in use for four years, had upset someone. A spokeswoman for the Privacy Commissioner said that without any additional information, a photo of someone could not be regarded as personal data. 'This picture can't be classified as personal data if another person, who doesn't know the man in the picture, can't identify him,' she said. The ordinance defines personal data as any information that would allow anyone to directly or indirectly identify an individual. Hong Kong does not have a law covering portrait rights. But a law professor said copyright infringement could be a legal angle if Lau wanted to seek damages. University of Hong Kong's Eric Cheung Tat-ming said: 'If that picture was taken secretly, there might be a breach of confidentiality, that is the disclosure of confidential information without permission. But that might not apply in this case.' Cheung said there might not be enough protection in similar cases, as many pictures can be downloaded from the internet.