In this article, we examine a recent Hong Kong High Court
decision on Cathay Pacific's policy requiring consent by cabin
crew to disclosure of their medical records.
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
