PCPD - Personal Data Protection and Promotional Telephone Calls

1.    The Privacy Commissioner for Personal Data, Mr. Roderick Woo, is concerned about the increasingly negative sentiments held by the public regarding promotional telephone calls.

2.    “Promotional telephone calls are considered as an invasion of the individual’s privacy. As a regulator, my Office is committed to the protection of personal data privacy under the provisions of the Personal Data (Privacy) Ordinance("the Ordinance"). I support the measures taken by the Office of the Telecommunications Authority to tackle the problem from a different perspective whether any personal data is involved or not,” Mr. Woo said.

3.    The use of personal data in direct marketing by means of mail, electronic mail, facsimile transmission, or phone calls is governed specifically by section 34 of the Ordinance, which provides that a data user using personal data for direct marketing purposes for the first time should inform the data subject that the latter has the right to ask the data user to cease using his personal data for such purposes i.e. to offer an “opt-out” choice. If the individual makes such a request, the data user shall cease to so use the data without charge to the individual.

4.    In December 2005, a financial institution was convicted of breaching section 34 of the Ordinance and fined $5,000. Data users should realize that personal data privacy rights are to be respected. Compliance with the requirements of the Ordinance, particularly section 34, is a legal obligation for data users engaged in the direct marketing business.

5.    Members of the public are encouraged to lodge a complaint with the Office if they consider that their personal data has been misused. In the past 12 months, the Office received 91 complaints in respect of direct marketing. Half of those complaints involved data users in the finance and telecommunications sectors. After investigation this Office issued warning notices in 15 of these cases. 5 other cases have been referred to the Police for prosecution.

6. To provide data users with practical guidance in complying with the provisions of the Ordinance, the Office has issued a fact sheet on “Guidelines on Cold-Calling”. Data users are reminded of their legal duty to provide an opt-out message when carrying out direct marketing activities. Data users are also urged to keep a list of all individuals who have made the opt-out choice, and to respect the wishes of the data subject. For further details, please visit the Office’s website http://www.pcpd.org.hk.