The Office of the Privacy Commissioner for Personal Data (PCPD) is conducting a “compliance check” of an advertisement in a busy MTR walkway that incorporates the likeness of passersby into a promotional campaign for a loan company.

loan company XWallet
An ad for loan company XWallet incorporates images of passing commuters into their campaign. Photo: Tom Grundy/HKFP.

Since last week, loan company XWallet has been running an advertisement between Central and Hong Kong MTR stations featuring blurred video images of commuters as they pass through the walkway.

The effect is achieved through a live camera trained on commuters.

In a response to HKFP on Tuesday, a PCPD spokesperson said organisations must comply with privacy and data laws if they collect, hold, process or use personal data.

loan company XWallet
An ad for loan company XWallet incorporates images of passing commuters into their campaign. Photo: Tom Grundy/HKFP.

However, it may only be considered “personal data” if an organisation seeks to identify specific people or compile information about them, the PCPD added.

“The Office of the Privacy Commissioner for Personal Data has commenced a compliance check about the matter in accordance with established procedures and in particular, to ascertain if personal data has been collected and, if so, if the personal data in question is properly safeguarded,” it said.

An ad for loan company XWallet incorporates images of passing commuters into their campaign. Photo: Tom Grundy/HKFP.

Advertising agency JCDecaux Transport, which manages the advertisement billboard, told HKFP on Wednesday that the ad “does not show clear images of passengers, and such image[s] will not be retained.”

The agency, as well as the MTR Corporation on Tuesday, said no data is collected in the campaign.

The effect is reminiscent of the 2002 sci-fi classic Minority Report, in which a commuter’s personal data is incorporated into ads as he passes by.

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Tom founded Hong Kong Free Press in 2015 as the city's first crowdfunded newspaper. He has a BA in Communications and New Media from Leeds University and an MA in Journalism from the University of Hong Kong. He previously founded an NGO advocating for domestic worker rights, and has contributed to the BBC, Deutsche Welle, Al-Jazeera and others.

Tom leads HKFP – raising funds, managing the team and navigating risk – whilst regularly speaking on press freedom, ethics and media funding at industry events, schools and conferences around the world.