Last June, the Court of Final Appeal ruled in favour of freelance producer Bao Choy Yuk-ling and said that journalistic work was a valid reason for accessing official records, with the data used for a documentary critical of police action during the 2019 anti-government protests.

But media outlets from Monday would only be allowed to file applications to access data such as motorists’ names and addresses under “exceptional circumstances”.

Commissioner Lee added that her department could consult other government bodies during the review process, but stopped short of saying how long it could take to approve an application.

“Journalists, or people from other industries accessing the data, will have to file a written submission detailing the purpose of obtaining the data, how the data will be used and publicised, and the measures taken by the applicant to ensure the privacy of the vehicle owner is not invaded,” she said. “They also have to declare that they have no alternative ways of obtaining the information.”

She said there were no “one-size-fits-all” criteria for weighing “public interest” against vehicle owners’ right to privacy, adding that the government would consider applications on a case-by-case basis.

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The guidelines also allow vehicle owners, or those with written consent from the person, to apply through normal channels if they are selling the vehicle, making an insurance or compensation claim, or taking part in related legal proceedings.

Other reasons include filing an application for the sake of recovery fees or loan payments, as well as seeking permission to move a vehicle found trespassing on private land.

The shake-up is part of a series of digitalisation initiatives announced by the department that allow drivers and vehicle owners to renew and apply for licences online.

The commissioner said the department had begun the reforms in light of Choy’s legal case. The current system no longer included the “other traffic and transport-related matters” that the freelancer had used to access the registry.

Choy, formerly with public broadcaster RTHK, was fined HK$6,000 (US$766) in April 2021 after she was accused of knowingly making false statements to the department over her use of its car registration database.

A magistrate had found her guilty after rejecting journalism as justification for the searches, a ruling that sparked concerns about press freedom in the city.

A High Court judge dismissed her appeal after finding the personal data in the registry was never intended to be used for such purposes, but the city’s top court last year found it objectively preferable to include serious investigative journalism among the wide range of justifications.

Assistant Commissioner for Transport Candy Kwok Wai-ying on Friday said: “The court verdict stated that the personal data on the registry involved privacy rights, and the transport commissioner has the responsibility to manage the data and lower the risk of exposing the data to abuse.

“The department must ensure that access to the data fulfils the purpose of the database and is obtained lawfully and appropriately.”

The department has blocked all online applications to access the registry until Monday.

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Professor Francis Lee Lap-fung, of the Chinese University of Hong Kong’s journalism and communications school, said the overhauled application system would create more hurdles for reporters.

“The best option for the media industry would be to have the system for searching government records to recognise news reporting as a valid reason. This would be the easiest method,” Lee said. “They are not doing this. They are providing an option to file an application if its outside the other stated reasons.”

Potential issues included uncertain application processing times, whether the government had the expertise to determine what constituted public interest and the possibility of conflicts of interest if an official came under the media spotlight, he added.

Lee said the system also notified some vehicle users if their details were shared with someone else, with the current ambiguity over how much of the applicant’s information would be shared under the new system creating potential obstacles for reporters.

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The Hong Kong Journalists Association said they were not satisfied with the new arrangements and argued it was “extremely inappropriate” for a government official to decide what constituted “public interest” and to interfere in the work of journalists.

“The association believes that as long as the commissioner for transport confirms that the applicant is a journalist, it is already enough for them to use the licence plate information,” a spokesman said.

The association said it would consult legal opinions on the policy change, adding it would not rule out other means of protecting the industry’s freedoms.

The Hong Kong News Executives’ Association said that while they agreed with striking a balance between the rights to access information and privacy, the department had not clearly defined “public interest” or provided an appeal mechanism.

“The association hopes the department will state the application terms more clearly and definitively to increase transparency, and list professional news reporting as a matter of public interest to better protect the public’s right to know,” it said.