A non-corporate data user was fined for providing personal data to another for use in direct marketing
The Complaint
The Complainant’s Christian name and mobile phone number were provided to his alumnus on a social occasion, and without informing or seeking his consent, the alumnus provided the Complainant’s name and mobile phone number to an insurance agent for direct marketing. The case came to light when the insurance agent subsequently made calls to the Complainant with a view to promoting insurance products.
Outcome
The alumnus was charged with failing to take the specified actions under section 35J(2) of the Ordinance before so providing the Complainant’s personal data to the insurance agent for direct marketing. The alumnus’ defence was that he had the consent of the Complainant beforehand. His defence was not accepted by the court, and he was fined HK$5,000 upon conviction as charged.
This is a case where a non-corporate data user was charged and convicted under the Ordinance, and it is also the first conviction under section 35J (N.B.: This alumnus subsequently filed a notice of appeal against his conviction, and the hearing was yet to complete).
(Uploaded in September 2016)