Personal Data (Privacy) Ordinance Part 6A—Division 2 6A-6 Section 35B Cap. 486 (Amended E.R. 1 of 2013) Division 2—Use of Personal Data in Direct Marketing 35B. Application This Division does not apply in relation to the offering, or advertising of 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— 35C. (i) the individual to whom the services are intended to be provided; or (ii) any other individual. Data user to take specified action before using personal data in direct marketing (1) Subject to section 35D, a data user who intends to use a data subject’s personal data in direct marketing must take each of the actions specified in subsection (2). (2) The data user must— (a) inform the data subject— (i) that the data user intends to so use the personal data; and (ii) that the data user may not so use the data unless the data user has received the data subject’s consent to the intended use; Verified Copy Last updated date 5.12.2014