CLIC - Personal Data Privacy: Privacy regarding direct marketing and cold-calling
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The meaning of "personal data" and the six data protection principles
Consumer credit data (relating to records of any loan or credit provided by banks or financial institutions)
Use of ID card numbers and ID card copies
Privacy in recruitment, human resources management and at work
Privacy on the Internet
Privacy regarding direct marketing and cold-calling
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(VI) Privacy regarding direct marketing and cold-calling

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With reference to section 34(1) of the Ordinance , a data user who uses an individual's personal data for direct marketing for the first time must inform the individual that he or she can request the data user to cease using his or her personal data for direct marketing purposes (i.e. the "opt-out" option). If the individual makes such a request, the data user must cease to use the data concerned.

A data user who fails to comply with these requirements, without reasonable excuse, commits an offence and is liable on conviction to a fine of $10,000 ( section 64 of the Ordinance).

Under section 34(2) of the Ordinance , "direct marketing" (in the context of personal data privacy) means:

  1. the offering of goods, facilities or services;
  2. the advertising of the availability of goods, facilities or services; or
  3. the solicitation of donations or contributions for charitable, cultural, philanthropic, recreational, political or other purposes,

by means of:

  1. information or goods sent to any person by mail, facsimile transmission, electronic mail, or other similar means of communication , where the information or goods are addressed to a specific person or specific persons by name; or
  2. telephone calls made to specific persons.

Although the aforesaid requirements only apply when personal data are used for direct marketing for the first time, it would be better for data users to inform the individuals concerned that they have the option not to receive any further such materials every time publicity materials are sent to them.

With regard to cold-calling (note), staff members of the data user are recommended to give an opt-out message along the following lines: "If you do not wish to receive further marketing calls from us, please tell me and we will not call again." If the data user fails to give an opt-out message and comply with section 34 of the Ordinance as mentioned above, you may lodge a complaint with the Privacy Commissioner's Office. (Note: Cold-calling is the practice of making a marketing approach by telephone to a potential customer with whom the caller has had no previous dealings.)

In the case of promotion telephone calls generated by machines, the Office of the Telecommunications Authority (OFTA) issued a code of practice on 5 June 2006 to regulate this kind of telephone call. If you are disturbed by these "junk calls" (whether the sender's number is displayed or not), you may lodge a complaint with your telephone service provider. The participation of telephone service providers in this code of practice is only voluntary. However, if service providers receive solid complaints from customers, they may suspend or terminate the junk call maker's telephone service (subject to the terms and conditions of the service contract). For more information regarding this issue, please visit the OFTA website at http://www.ofta.gov.hk/en/press_rel/2006/Jun_2006_r1.html

  1. Complaint Case Notes from the PCO – Staff of an estate agency had been approaching a property owner through her home and mobile telephone numbers (notwithstanding her repeated objections) in an effort to persuade her to sell her property. Is this a violation of section 34 of the Ordinance?