PCPD News Issue 32

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PCPD News 私隱專員公署通訊 • Issue no. 32 公署動態
PCPD in Action
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有關依從法律規定的指引，機構可參閱公署的《直接促銷指引》：
For guidance on legal compliance, organisations should refer to PCPD’s “Guidance on Direct Marketing” available at
公署最近亦修訂了《根據個人資料（私隱）條例行使你同意及拒絕直接促銷活動的權利》資料單張。
The PCPD also revised an Information Leaflet entitled “Exercising Your Right of Consent to and Opt-out from Direct
Marketing Activities under the Personal Data (Privacy) Ordinance”.
files/opt_out2015_e.pdf
另有簡單易明的圖鑑《接受直銷有權話事》給市民參閱：
DM_infographic_1231_c.pdf
An easy-to-understand infographic “It is Your Choice to Accept or Refuse Direct Marketing” for member of the public is
also available at
DM_infographic_1231_e.pdf
客的個人資料作直銷用途。違反條例的
規定，即屬犯罪。
私隱專員黃繼兒表示：「所有公司或機
構，不論規模大小，都應遵從法律規定，
切勿鋌而走險。我相信尊重私隱的機構
會得到消費者的信任和支持，締造一個
對消費者和機構均有利的雙贏局面。」
至於消費者，若不再想收到直銷訊息，
應該提出拒收要求，最好以書面提出，
並保留複本。如果作出拒收要求後，仍
然收到直銷訊息，應作出記錄、及盡量
掌握有關直銷的詳情作為證據，以便可
成功向公署作出投訴。
黃繼兒並提醒消費者：「機構使用你的
個人資料、或把你的個人資料交予第三
者作直銷用途前，應事先通知你及取得
你的同意。即使你已同意機構使用你的
個人資料作直銷，機構在首次使用你的
個人資料時，仍須告知你有拒絕接收直
銷訊息的權利。你亦可隨時要求機構停
止使用你的資料。」
Since the penalty level of the offence was
raised under the new direct marketing
regulatory regime which took effect on
1 April 2013 under the Personal Data
(Privacy) (Amendment) Ordinance 2012,
there had been three convicted cases;
and the companies involved were fined
from HK$10,000 - $30,000.
Of the three convicted cases, two were
convicted on the same charges – failure
to comply with the requirement from
its client to cease to use his personal
data in direct marketing. The remaining
case involved a storage service provider
who was charged with the offence of
using the personal data of a customer in
direct marketing without taking specified
actions and obtain the customer’s
consent in advance.
Under section 35G(3) of the Ordinance,
a service provider who receives a request
for cessation of using the customer’s
personal data in direct marketing must,
without charge to the data subject,
comply with the request and respect
the consumers’ personal data to avoid
misuse. To ensure compliance, service
providers have to maintain an “Opt-Out
List” of all customers and cease to use
their personal data for direct marketing.
Failure to comply with the requirements
is an offence.
The Commissioner Mr Stephen WONG
said, “All companies or organisations,
large or small, must comply with the
legal requirements and refrain from
taking risks of non-compliance. I
believe privacy-respectful organisations
will enjoy enhanced customers’ trust
and loyalty, thus creating a win-win
situation for both the customers and the
organisations.”
As for the consumers, if consumers no
longer wish to receive direct marketing
messages, they should make a clear opt-
out request, preferably in writing, and
keep a copy of it. If they still receive
direct marketing messages after making
an opt-out request, they should record
the details of the direct marketing
messages and file a complaint with the
PCPD.
Mr Wong also reminded consumers that,
“Organisations are required to notify you
and obtain your consent before using
your personal data or transferring the
data to another person for use in direct
marketing activities. Despite the fact that
you may have consented to the use of
your personal data in direct marketing,
organisations must notify you of your
opt-out right when using your personal
data in this manner for the first time. You
may also require them to cease to so use
the data at any time.”