The Complaint
Summary of Facts
The Complainant’s mobile phone number (the “Number”) and some other mobile phone numbers with the same prefix as the Number were added to a Whatsapp group (the “Group”). The Group administrator then sent a message to the Group promoting tutor referral services. The Complainant was dissatisfied with the administrator for adding the Number to the Group and therefore lodged a complaint to this Office.
Outcome
Generally speaking, telephone number by itself does not constitute “personal data” under the Ordinance because it is not practicable for the identity of an individual to be directly or indirectly ascertained from the telephone number alone. In the incident, it appeared that the administrator created the group by massively adding mobile phone numbers with the same prefix to the Group. It was therefore unlikely that the Group members’ identities were known to the administrator when the promotional message was sent. Hence there was no evidence indicating that this case might involve the use of “personal data” in direct marketing activities, this Office was unable to process the complaint further.
Implications
A complaint handled by this Office must be about an act or practice of a data user which relates to personal data, and may be a contravention of a requirement under the Ordinance. The Ordinance does not have applications on cases not involving personal data.
On the other hand, complaints against persons sending commercial electronic messages may be relevant to the Unsolicited Electronic Messages Ordinance (CAP 593), which falls within the regulatory functions of the Office of the Communications Authority (“OFCA”). An individual may consider registering his/her telephone number onto the “Do-Not-Call Register” so as to stop the electronic commercial messages. If he/she still receives electronic commercial messages after registration, he/she may report the suspected contravention to OFCA.
(Uploaded in October 2015)