The Constitutional & Mainland Affairs Bureau says it supports the Office of the Privacy Commissioner for Personal Data's plan to form a group to enhance the body's compliance and management work, and strengthen its governance.

In response to the Legislative Council Public Accounts Committee's report tabled in LegCo today, the bureau said it will monitor the body's performance, checking its expenditure, financial and operational reports, and holding regular progress reviews.

Additional resources will be allocated to the body in 2009-10 and 2010-11 to enhance its enforcement and promotion work. To provide the organisation with greater flexibility in using its resources, its reserve ceiling will rise from $5 million to 20% of its annual recurrent subvention.

Complaint handling

The office will boost efforts to clear outstanding complaint cases. As for the non-compliance with the 45-day requirement of serving refusal notices to complainants, the office will provide the Personal Data (Privacy) Advisory Committee and the Government with statistics and risk assessment findings.

The issue will also be made a standing agenda item for the committee's meetings until it is satisfactorily resolved. The bureau will monitor the progress of follow-up actions and through progress review meetings with the office.

The bureau has included in the review of the Personal Data (Privacy) Ordinance a related proposal to consult the public on whether the time limit of 45 days imposed in the ordinance with regard to a decision to discontinue an investigation should be removed. It is now analysing and consolidating views received during the public consultation and will follow up on the proposal.

Performance indicators

The bureau and the office are now working on appropriate outcome and performance indicators, with a view to reflecting them in the Controlling Officer's Report for 2010-11.

On the basis of respecting the body's autonomy, the Government will support the office in conducting the follow-up work to improve its governance and administration, the bureau said.

It will submit the government minutes to LegCo in May to report on the progress of follow-up actions on the Public Accounts Committee's report.