Skip to content

Case Notes

Case Notes

This case related to Marketing

Case No.:2014C11

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)


Category : Provisions/DPPs/COPs/Guidelines : Topic/Subject Matter :