Complaints

Complaints

Personal Information Collection Statement for Complaints

This Personal Information Collection Statement for Complaints (PICS) is made by the Mandatory Provident Fund Schemes Authority (MPFA) in accordance with the Personal Data (Privacy) Ordinance (PDPO). You are advised to read this PICS regarding your rights and obligations in relation to providing your personal data (as defined in the PDPO) and the manner in which the MPFA may use or deal with such data for the purposes specified below.

Use of personal data

Personal data provided in making a complaint to the MPFA are for the purposes of investigating your complaint, supervising and monitoring compliance of the Mandatory Provident Fund Schemes Ordinance, taking enforcement and disciplinary actions, and exercising the MPFA’s and the frontline/industry regulators’ statutory functions.

Production or provision of proof of identity to the MPFA

You must produce or submit proof of identity, such as a copy of your Hong Kong Identity Card or passport, to the MPFA to facilitate the verification of your identity. If you are unable to produce or provide relevant documents, the MPFA will not discuss with or disclose to you the case’s progress and the outcome of any follow-up actions, and such follow-up actions may also be affected.

Disclosure or transfer of personal data to third parties

Your personal data will be used, disclosed or transferred to third parties for purposes related to the complaint, or in accordance with an order of a court, a law or a requirement made under a law, or pursuant to any regulatory or investigatory assistance arrangements between the MPFA and other regulators or law enforcement agents, or where permitted by law. The classes of persons and parties to whom your personal data may be transferred may include:

Complainees: Employer (MPF)
Personal Data May be Transferred To: Your employer, the MPF trustee and service provider concerned and government departments such as the Labour Department.


Complainees
: Employer (ORSO)
Personal Data May be Transferred To: Your employer, the ORSO administrator concerned and government departments such as the Labour Department.


Complainees
: MPF trustee
Personal Data May be Transferred To: The MPF trustee and service provider concerned.


Complainees
: ORSO administrator
Personal Data May be Transferred To: Your employer and the ORSO administrator concerned


Complainees
: MPF intermediary
Personal Data May be Transferred To: The MPF principal and subsidiary intermediaries concerned, the MPF trustee and service provider concerned, the frontline/industry regulators concerned including the Insurance Authority, the Monetary Authority and the Securities and Futures Commission.


Complainees
: Person carrying on regulated activities without MPF Intermediary Registration or holding himself/herself/itself out as carrying on regulated activities without registration or taking or using certain titles
Personal Data May be Transferred To: The person being complained against, his/her/its employer/principal/related companies, the MPF trustee and service provider concerned, the ORSO administrator concerned, the industry regulators concerned (including the Insurance Authority, the Monetary Authority and the Securities and Futures Commission), and any of the professional bodies concerned (including the Law Society of Hong Kong, the Hong Kong Bar Association, and the Hong Kong Institute of Certified Public Accountants).

The personal data provided may also be disclosed or transferred to the company or organization(s) with which you have lodged a similar or related complaint, the Mandatory Provident Fund Scheme Appeal Board, relevant courts, panels, tribunals and committees, law enforcement agencies, government departments (such as the Police and the Department of Justice), or regulatory bodies who are authorized to receive information relating to law enforcement, prosecution or review of decisions.

If you are unable to provide the requisite personal data or if the data provided is inaccurate or incomplete, the MPFA, the frontline/industry regulator concerned and the law enforcement agencies or government departments or regulatory bodies concerned may be unable to fully investigate your complaint and the conduct or outcome of the investigation and any enforcement or disciplinary action, prosecution or review may be affected.

Disclosure of the complainant’s identity to the employer (if applicable)

If you lodge a complaint against your employer, you must indicate to the MPFA whether you agree to the disclosure of your identity as the complainant to your employer by the MPFA when following up the case and taking enforcement actions. If you do not agree to the disclosure of your identity, the MPFA will still follow up the case, but the follow-up actions or the progress of the case may be affected.

Criminal prosecution against non-compliant employers (if applicable)

As stipulated by the law, if there are MPF scheme-related contraventions that should be brought to criminal prosecution, the MPFA must do so within six months upon receiving the complaint or information, or within six months after the occurrence of the contravention (a time limit applicable to most contraventions). To ensure that the MPFA has sufficient time to conduct investigation, collect evidence, seek legal advice and refer the case to the Police for prosecution, the complainants must submit all relevant information (such as employment contracts, proof of income, tax returns and recent contribution records) as early as possible, so that the case could be processed and followed up on a timely basis. Otherwise, the MPFA may not be able to bring the case to prosecution within the time limit. Please note that the decision on whether or not to prosecute depends on the circumstances of each case, sufficiency of evidence and whether it is in public interest to prosecute.

Access to personal data

You are entitled under the PDPO to ascertain whether the MPFA holds personal data relating to you, and to request access to or the correction of any personal data relating to you held by the MPFA, in the manner and subject to the limitations prescribed therein. All enquiries should be directed in writing to the Personal Data Privacy Officer of the Mandatory Provident Fund Schemes Authority at Level 8, Tower 1, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, New Territories, Hong Kong.

I have read the above Personal Information Collection Statement for Complaints