Complaint & Enquiry Cases
Notes on Complaint & Enquiry Cases related
A financial institution fined for breaching Personal Data (Privacy) Ordinance
1. Summary of Facts
In 1999, a customer purchased an electrical appliance on hire purchase financed by a credit provider ("Company A"). In 2003 and 2004, she received a number of cold calls from Company A and its associated company ("Company B") promoting their loan products, despite her repeated requests to them not to make marketing calls to her in the future. The complainant made a complaint to the PCPD in 2004 which was subsequently resolved as the two companies undertook in writing not to make further marketing approaches to the complainant.
In 2005, the complainant received a letter jointly issued by Company A and Company B promoting their loan products. The complainant lodged a second complaint with the PCPD.
In the course of the PCPD's inquiry with both companies on the matter, the complainant received a further marketing call from Company A.
2. Issue of the case
Failing to cease to use personal data for direct marketing purposes upon the data subject's opt-out request.
As there was sufficient evidence for establishing contravention of section 34 of the Ordinance, the case was referred to the police for prosecution. A charge was laid against Company A for contravening section 34 of the Ordinance. Company A was convicted of the charge and was fined $5,000 in the Fanling Magistrates' Courts in December 2005.
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