63 / 192
would be likely to prejudice the purpose for which the data was collected and that purpose is
specified in Part 8 of this Ordinance as a purpose in relation to which personal data is exempt
from the provisions of data protection principle 6.
The reason is that in many of the situations where personal data is exempt from DPP6
under one of the relevant exemptions provided for in Part 8 of the Ordinance, it is also
likely to be exempt from DPP1(3). In AAB No. 23/2008, the AAB considered that the
purpose of recording the video image of an employee sleeping while on duty was to
determine the suitability for continued employment under section 55 of the Ordinance. It
would not be necessary for the employer to comply with DPP1(3) on or before making
the recording. A more obvious example is where the police collect data evidence from
a target suspect, the police would not be in a position or obliged to notify the suspect
before collecting the data.
5.90
To ensure that a PICS is effective, it is necessary for the data user to take into
consideration the following factors:
• whether the layout and presentation of the PICS (including the font size, spacing,
underlining, use of headings, highlights and contrasts) have been designed so that
the PICS is easily read by customers with normal eyesight;
• whether the PICS is presented in a conspicuous manner (e.g. the PICS is inserted as a
standalone section of the document and its contents are not buried among the terms
and conditions for the provision of the data user’s services contained in the same
document);
• whether the language used in the PICS is easily comprehensible and intelligible (e.g.
the choice of simple rather than difficult language and the avoidance of legal terms
or convoluted phrases and sentences);
• whether further assistance from the data user such as help desk or enquiry service is
available to enable the customer to understand the contents of the PICS.
Specific Requirements on Notification when Collecting Personal Data for Direct
Marketing Purposes
5.91
The Amendment Ordinance introduced, inter alia, major changes by creating a new
Part 6A under the Ordinance to regulate (i) the use of personal data by the data user for
its own direct marketing activities; and (ii) the provision of personal data by the data
user to a third party for the latter’s use in direct marketing.
Application of the Direct Marketing Requirements
5.92
Direct marketing means the offering, or advertising of the availability, of goods, facilities
or services or the solicitation of donations or contributions for charitable, cultural,
philanthropic, recreational, political or other purposes through direct marketing means,
i.e. by sending information or goods addressed to a specific named person via mail, fax,
email or other forms of communication.
54
Therefore, any unsolicited marketing
communications not addressed to a specific person by name (e.g. telephone calls or
54
Section 35A(1).