Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 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-

        (i)    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;

        (ii)   if the data subject so requests, cease to so use those data
               without charge to the data subject.

(2) In this section-

"direct marketing" (直接促銷) 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-

        (i)    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

        (ii)   telephone calls made to specific persons. (Enacted 1995)

"direct marketing" (直接促銷)