Date: 7 October 2024
Transfer of Customers’ Personal Data by Physical
Privacy Commissioner’s Office Proactively Contacted perFIT to Provide Assistance
The Office of the Privacy Commissioner for Personal Data (PCPD) noted that a new investor had recently announced the takeover of part of the operations of the chain of fitness and beauty group “Physical”, and would operate under the new brand “perFIT
”. In view of the concerns of some existing customers of Physical about the new investor’s access to their personal data,
further to commencing a compliance check into Physical earlier, the PCPD has proactively reached out to the new investor today to understand their arrangements for the transfer of customers’ personal data and to request relevant documents, in order to provide appropriate assistance to the new investor to ensure that the relevant requirements under the Personal Data (Privacy) Ordinance (PDPO) are complied with.
Generally speaking, with regard to the collection of personal data, Data Protection Principle (DPP) 1(3) of the PDPO requires data users to take all practical steps to notify the data subjects of the purpose of data collection, the classes of persons to whom the data may be transferred, whether it is obligatory or voluntary for the data subject to supply the data, and the consequences arising if the data subject fails to supply the data, etc. With regard to the use of personal data, DPP3 provides that personal data shall not, without the voluntary and explicit consent of the data subject, be used (including the disclosure or transfer of relevant data) for a new purpose other than the purpose for which the data was to be used at the time of the collection of the data or a directly related purpose.
The PCPD appeals to the affected customers to make enquiries with the new investor or the PCPD (telephone:2827 2827 or email:
communications@pcpd.org.hk) or lodge complaints with the PCPD (telephone: 2827 2827 or email:
complaints@pcpd.org.hk) if they are concerned about the transfer of their personal data.
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