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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