A storage service company was convicted of using a customer’s personal data in direct marketing without taking specified actions
The Complaint
The Complainant engaged the storage service of Company A and provided it with his personal data including his name, credit card number, mobile phone number, company email address managed by him and current residential address. Subsequently, Company A ceased its business in Hong Kong, and the business was taken over by Company B which provided similar storage service.
Thereafter, Company B sent a direct marketing email to the Complainant addressing the Complainant by his name and enclosing a storage service quotation with the terms and conditions of the service. The Complainant had no prior dealings with Company B and he had not been informed of, or given consent to Company B’s use of his personal data in direct marketing.
Outcome
Company B was charged with the offence of using the personal data of the Complainant in direct marketing without taking specified actions, contrary to section 35C(2) of the Ordinance. Company B pleaded guilty to the charge and was fined HK$10,000.
(Uploaded in September 2016)