- 31 A B A between effective law enforcement and protection of privacy right. On B this basis alone, the court should not adopt the majority judgment’s C C approach. D D 70. E Second, I agree with Mr Pun that the PDPO, PGO and FPM do not assist Mr Mok. F E F 71. The reliance on PDPO is misplaced because: G G (1) H First of all, search of private information stored in a mobile phone by a police officer without collecting the information infringes the owner’s privacy but is not governed by the I H I PDPO, so that the PDPO has no application to whether the police may exercise its purported power under section 50(6) J J to “search” the personal data in the mobile phone without a K L warrant. (2) Further and in any event, plenty of the private information K L stored in a mobile phone may not be regarded as “personal M data” within the meaning of section 2 of the PDPO because it does not satisfy the three conjunctive requirements of N M N attribution, identification and retrievability under section 2 O of the PDPO: see Mark Berthold and Professor Raymond Wacks, Hong Kong Data Privacy Law (2nd ed) at P O P paragraphs 7.1 - 7.46. Q R (3) Therefore, private information stored in a mobile phone such as photos, video recordings, films and emails (which can be Q R of a highly private nature) may not be “personal data” within S the meaning of the PDPO and hence not protected by Data S Protection Principles. T T U U V V