Personal Data (Privacy) Ordinance
Part 6A—Division 3
6A-22
Section 35K
Cap. 486
(b) if the data is provided otherwise than for gain, to a fine
of $500,000 and to imprisonment for 3 years.
(6) In any proceedings for an offence under subsection (5), it
is a defence for the data user charged to prove that the data
user took all reasonable precautions and exercised all due
diligence to avoid the commission of the offence.
35K. Data user must not provide personal data for use in direct
marketing without data subject’s consent
(1) A data user who has complied with section 35J must not
provide the data subject’s personal data to another person for
use by that other person in direct marketing unless—
(a) the data user has received the data subject’s written
consent to the intended provision of personal data, as
described in the information provided by the data user
under section 35J(2)(b), either generally or selectively;
(b) if the data is provided for gain, the intention to so
provide was specified in the information under section
35J(2)(b)(i); and
(c) the provision is consistent with the data subject’s
consent.
(2) For the purposes of subsection (1)(c), the provision of
personal data is consistent with the data subject’s consent if—
(a) the personal data falls within a permitted kind of
personal data;
(b) the person to whom the data is provided falls within a
permitted class of persons; and
(c) the marketing subject in relation to which the data is
to be used falls within a permitted class of marketing
subjects.
Verified Copy
Last updated date
5.12.2014
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