HONG KONG: Students and social workers are worried that personal privacy may be breached by the new school drug testing program despite assurances from officials and educators that the data for the test will be handled properly.

The controversy surrounding the drug test program to be implemented in Tai Po, in which students can refuse to participate even if their parents have given consent, took another twist when the privacy watchdog warned of possible violation of related laws.

Permanent Secretary for Education Raymond Wong Hung-chiu attempted to allay such fears, saying students will take the test on a voluntary basis and that they will be clearly told how the data will be used.

"We believe that the likelihood of litigation against the program is not high," Wong said after meeting with representatives of Tai Po secondary schools yesterday morning.

Wong said the government has consulted legal advice on privacy issues in planning the test.

Acting Secretary for Education Kenneth Chen Wei-on said in a separate meeting that officials will meet with the Privacy Commissioner for Personal Data Roderick Woo Bun next week.

School representatives who attended the meeting with Wong said they supported the test, even though students are not pleased.

In remarks likely to exacerbate privacy concerns and queries, Elaine Lee Bik-wah, manager of the incorporated management committee of Confucian Ho Kwok Pui Chun College said, "It is not necessary to stress privacy when they are still receiving secondary education. Of course, the students will be unhappy, but we have to be more tough. We are working for their good."

Sun Fong Chung College principal Ng Siu-ki said he thinks schools will handle the data properly.

"I don't think parents and students will regard the schools, teachers and social workers as enemies and take legal action against them," he said.

Students under 18 can take part in the test with parents' consent, while those aged 18 or above need to sign a consent form themselves and gain consent from parents. Both categories of students can refuse to be tested, even after their parents have given approval.

A secondary seven student who gave his name only as W Y Law said the test disrespected students' rights and privacy.

"Students are randomly selected. They are not tested because there is a reasonable suspicion," he said. "There may be unreasonable infringement of students' privacy."

Law feared that the data will be disseminated to people whom the students do not know, and some may agree to take the test because of teachers' pressure.

Privacy commissioner Woo wrote a letter to Secretary for Education Michael Suen on Monday, saying a parent or guardian is not capable of giving consent on behalf of a minor under the existing law.

Explaining his worries yesterday, Woo said the government did not set out any guidelines or ways of complying with the principles of "voluntary nature" and "confidentiality" in its program proposal laid down last week.

Woo said it is doubtful whether all the students have the requisite capacity to give genuine consent, meaning they are well informed about their choice and are not under undue influence.

He also questioned whether the data users, including school heads, teachers, parents, social workers and other parties such as police and school liaison officers, are clearly informed of their legal responsibility.

Woo worried that the data may be leaked, similar to the leakage of patient data by hospital staff using USB storage devices, and that the students' future prospects will be adversely affected.

About 120 parents from a majority of secondary schools in Tai Po attended a government organized briefing last night.

A mother of a 15-year-old son surnamed Li said she supports the test, but opposes the idea that police officers can access the data.

"The students will be afraid that the police may arrest them," she said.

A mother of two sons surnamed Chan also supported the test and said she believed the government will handle the privacy issue properly.

The privacy commissioner said he had written to the government more than 18 months ago suggesting a public consultation on amending the privacy ordinance to clearly define the role of parents and guardians on their right to give consent on behalf of their children under 18 regarding the collection and use of personal data of the minors.

A spokesman for the Constitutional and Mainland Affairs Bureau said the government is undertaking studies with the commissioner to see whether the existing ordinance is sufficient, and will launch a public discussion afterwards.

(HK Edition 08/12/2009 page1)