Personal Data (Privacy) Ordinance Part 6A—Division 3 6A-18 Section 35I Cap. 486 Division 3—Provision of Personal Data for Use in Direct Marketing 35I. Application 35J. (1) This Division does not apply if a data user provides, otherwise than for gain, personal data of a data subject to another person for use by that other person in offering, or advertising the availability, of— (a) social services run, subvented or subsidized by the Social Welfare Department; (b) health care services provided by the Hospital Authority or Department of Health; or (c) any other social or health care services which, if not provided, would be likely to cause serious harm to the physical or mental health of— (i) the individual to whom the services are intended to be provided; or (ii) any other individual. (2) This Division does not apply if a data user provides personal data of a data subject to an agent of the data user for use by the agent in carrying out direct marketing on the data user’s behalf. Data user to take specified action before providing personal data (1) A data user who intends to provide a data subject’s personal data to another person for use by that other person in direct marketing must take each of the actions specified in subsection (2). (2) The data user must— Verified Copy Last updated date 5.12.2014

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