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The Ordinance
The Ordinance (Full Text)

 

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VI - MATCHING PROCEDURES AND TRANSFERS OF PERSONAL DATA, ETC.

34. Use of personal data in direct marketing

(1)

A data user who-

(a)

has obtained personal data from any source (including the data subject); and

(b)

uses the data for direct marketing purposes, shall-

  1. the first time he so uses those data after this section comes into operation, inform the data subject that the data user is required, without charge to the data subject, to cease to so use those data if the data subject so requests;
  2. if the data subject so requests, cease to so use those data without charge to the data subject.
(2)

In this section-

"direct marketing" (image) means-

(a)

the offering of goods, facilities or services;

(b)

the advertising of the availability of goods, facilities or services; or

(c)

the solicitation of donations or contributions for charitable cultural, philanthropic, recreational, political or other purposes,

by means of-

  1. information or goods sent to any person by mail, facsimile transmission, electronic mail, or other similar means of communication, where the information or goods are addressed to a specific person or specific persons by name; or
  2. telephone calls made to specific persons.

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