Privacy Commissioner for Personal Data Roderick Woo-bun ruled the IP address Yahoo provided to the Chinese authorities was not personal data and did not reveal the reporter's identity.

"An IP address alone can neither reveal the exact location of the computer concerned nor the identity of the computer user," Woo said.

"We must bear in mind that this is a case about a mainland China resident and where data was collected in mainland China. [The data released was] used in mainland China in pursuance of a lawful order."

According to Woo, the IP address furnished by the e-mail service provider alone did not reveal a person's identity and only disclosed information related to the office of a Chinese newspaper.

Additionally, the e-mail address "huoyan-1989@yahoo.com.cn" and the Internet alias "198964" independently were found to lack the criteria to be personal data by definition.

A person's consent to Yahoo China's terms of service and privacy policy statement meant his or her information could be shared in response to legal processes, he said.

In addition, Woo said the lack of a territorial link in the collection, holding, processing and use of the personal data took the matter out of local hands. Woo also said the office has no extra-territorial powers.

The complaint to the PCPD was made by legislator Albert Ho Chun-yan on behalf of imprisoned mainland reporter Shi Tao, who was identified by mainland authorities after information associated with his e-mail was surrendered by Yahoo China.

Criticizing the report, Ho said he still believed Yahoo Hong Kong was responsible because of its control over the company's China branch.

He said he also had reason to believe the decision to surrender Shi's information was made in Hong Kong, adding that Yahoo "unquestionably" should not have surrendered the information.

"While Yahoo was responding to a request from mainland authorities, as an international corporation it should also consider international standards, including those involving human rights and privacy. There is no excuse for it not to have investigated if [Shi's e-mail] contained state secrets," he said.

Yahoo co-founder Jerry Yang Chih- yuan said in September 2005 that his company was adhering to local laws when it divulged information which led to Shi's conviction.

Legislator Ronny Tong Ka-wah was also disappointed with Wednesday's findings, calling the watchdog's approach "narrow."

He said he had no doubt the disclosure of the IP address helped the mainland authorities track down Shi.

"As a guardian of privacy law, the commissioner should not construe the law in such a narrow way. If you have provided information to enable a party to track someone down, and if it leads to identification, then you have breached the law," he said.

Woo, saying his office did the best it could with the evidence available, also revealed Yahoo Hong Kong had declined to furnish details and copies of documents regarding the disclosure as they were part of an on-going mainland investigation and, as such, considered state secrets.

Admitting to "gray areas" encountered during the investigation, the office is conducting internal reviews of the personal data ordinances in a bid to refine their scope, extra-territorial application and definition.

The disclosure of Shi Tao's e-mail information to mainland authorities led to his imprisonment for a decade.

He was convicted on April 5, 2005, of leaking state secrets to foreign Web sites about a government circular which detailed restrictions on the media.