Media Statements

Date: 12 September 2019

Direct Marketing Offence Admitted:
Telecommunications Company Fined HK$84,000

 
Case Background
 
The case stemmed from a complaint received by the office of the Privacy Commissioner for Personal Data, Hong Kong (PCPD) in 2017. The complainant received 23 direct marketing text messages or emails from SmarTone between August and December 2017 (in four months’ time).
 
The complainant was a customer of SmarTone which provided mobile telecommunications service to her. In July 2017, she made her opt-out request to SmarTone relating to cessation of using her personal data in direct marketing by phone. However, the complainant still received a direct marketing email from SmarTone in August 2017 and hence complained to PCPD.  During the period when PCPD was handling her complaint, the complainant continued receiving direct marketing text messages and emails from SmarTone. The Privacy Commissioner for Personal Data, Hong Kong was of the view that SmarTone failed to comply with the opt-out request of the complainant.
 
 
Related Regulation
 
Pursuant to section 35G(3) of the Ordinance, a company which receives a customer’s request for ceasing to use his or her personal data in direct marketing must comply with the request without charge. Failure to comply with the request is a criminal offence which is punishable by a fine of up to HK$500,000 and imprisonment of up to 3 years.
 
The Privacy Commissioner Mr Stephen Kai-yi WONG said, “This conviction has conveyed a clear and serious message to the public: organisations should not ignore customers’ “opt-out” requests.  Organisations should develop and implement relevant privacy policies, procedures and guidelines to ensure that employees having access to and using customers’ personal data are trained in data handling and protection. They must also communicate effectively to their customers the intended use or provision of their personal data for use in direct marketing, and respect the customer's right over such use of their personal data.”  Mr Wong also stressed that organisations should abide by higher ethical standards and adopt the three management values (i.e. respectful, beneficial and fair) in handling customers’ data so as to meet their expectations, apart from meeting the requirements of laws and regulations. 
 
The Privacy Commissioner also reminded consumers that if they still receive direct marketing messages after making an opt-out request, they should make a record and gather as many details of the direct marketing messages as possible so as to enable themselves to formulate a valid complaint to the PCPD.
 
The PCPD has published the following publications for organisations and consumers:

• For guidance on legal compliance, organisations can refer to the “New Guidance on Direct Marketing”;

• SMEs can also read the guidance note “Data Protection & Business Facilitation - Guiding Principles for Small and Medium Enterprises” and the information leaflet “Data Ethics for Small and Medium Enterprises”.
• As for consumers, please refer to:

• Information Leaflet “Exercising Your Right of Consent to and Opt-out from Direct Marketing Activities under the Personal Data (Privacy) Ordinance”
• An easy-to-understand infographic “It is Your Choice to Accept or Refuse Direct Marketing”