Organisation engaging in direct marketing is not only required to have clear policies but should also train its employees on legal requirements to comply with the Data Protection law else it is convicted of violation of PDPA. Interesting judgement by Hongkong Courts on abuse of personal data
LANDMARK CASE FOR ABUSE OF PERSONAL DATA SEPTEMBER 2015 In a landmark decision, the Hong Kong Magistrates' Court convicted Hong Kong Broadband Network (" HKBN ") of a criminal offence for failing to comply with the direct marketing provisions of the Personal Data (Privacy) Ordinance (" PDPO "). BACKGROUND The facts of the case are quite unremarkable. It is the decision and - what it means for consumer businesses in Hong Kong - that is noteworthy. A broadband customer received a voicemail from HKBN, reminding him about his contract termination date and offering new service packages. The individual had sent a direct marketing opt-out request to the company, which had been acknowledged by the company in writing. The individual made a complaint to the Privacy Commissioner for Personal Data (" Commissioner "), alleging a breach of the PDPO. The relevant provision is section 35G(3) which req...