Personal Data (Privacy) Ordinance
Part 6A—Division 2
6A-10
Section 35D
Cap. 486
(a) a data subject had been explicitly informed by a data
user in an easily understandable and, if informed in
writing, easily readable manner of the intended use
or use of the data subject’s personal data in direct
marketing in relation to a class of marketing subjects;
(b) the data user had so used any of the data;
(c) the data subject had not required the data user to cease
to so use any of the data; and
(d) the data user had not, in relation to the use, contravened
any provision of this Ordinance as in force as at the
time of the use,
then section 35C does not apply in relation to the intended
use or use, on or after the commencement date*, of the data
subject’s relevant personal data, as updated from time to
time, in direct marketing in relation to the class of marketing
subjects.
(2) If—
(a) a data subject’s personal data is provided to a data user
by a person other than the data subject (third person);
and
(b) the third person has by notice in writing to the data
user—
(i) stated that sections 35J and 35K have been
complied with in relation to the provision of data;
and
(ii) specified the class of marketing subjects in relation
to which the data may be used in direct marketing
by the data user, as consented to by the data
subject,
Verified Copy
Last updated date
5.12.2014
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