Privacy Commissioner Reminds Real Estate Agencies to Include "opt-out" in Cold-Calling by Telephone

The Privacy Commissioner for Personal Data reminded real estate agencies that they should include an "opt-out" message when "cold-calling" by telephone and comply with requests from individuals not to receive further calls.

These are requirements of section 34 of the Personal Data (Privacy) Ordinance. This provides that a data user who has obtained personal data from any source and uses the data for a direct marketing purpose for the first time after the Ordinance came into force should inform the individual that if he/she so requests, the data user will, without charge to the individual, cease to use those data for such a purpose.

The Privacy Commissioner for Personal Data, Mr. Stephen Lau, met with representatives of five real estate agencies associations earlier in the week to reflect his concerns arising from complaints, enquiries and news media articles relating to "cold-calling" by telephone by some real estate agencies. While acknowledging that "cold-calling" is an important element in the business practice of many real estate agencies, Mr. Lau reminded the real estate agencies industry that an "opt-out" message should be carried in their calls and they should comply with requests from individuals not to receive further calls.

Mr. Lau also discussed with the industry representatives other issues related to "cold-calling" by telephone including the drawing up of company-wide lists of individuals who have opted out from marketing calls and training for sales and marketing personnel.

During the meeting, Mr. Lau encouraged and offered assistance to the industry representatives to draw up guidelines on telemarketing to give specific guidance to operators in the industry.