Cited from Background Buzz, V5, E2

Hong Kong: Cabin Crew And Personal Data Privacy Issues

On 28 August 2008, the High Court in Hong Kong found for Cathay in quashing decisions of (i) the Privacy Commissioner of Personal Data and (ii) the Administrative Appeals Board in respect of Cathay's policy requiring cabin crew to consent to disclosure of private medical records. In November 2005, Cathay instituted an Attendance Monitoring Programme ("AMP"), to investigate why a small minority of cabin crew members had levels or patterns of absence from work, purportedly due to illness. Cathay sought medical and other information as part of its obligation to ensure that cabin crew members remain medically fit to discharge their duties (Directive 360 of the Civil Aviation Directive). The AMP stated that any cabin crew member who did not co-operate and participate in the program could be subject to disciplinary action. The judges found that Cathay, in informing all cabin crew members of the possible consequence of failure to disclose relevant medical records, was doing no more than meeting the requirements of the ordinance and that such advice does not thereby, of itself, constitute a threat or the exertion of undue influence. The application for judicial review was accordingly allowed, and the decisions of the Commissioner and the Board quashed.

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