Personal Data (Privacy) Ordinance
Part 6A—Division 3
6A-20
Section 35J
(a) inform the data subject in writing—
(i) that the data user intends to so provide the personal
data; and
(ii) that the data user may not so provide the data
unless the data user has received the data subject’s
written consent to the intended provision;
Cap. 486
(b) provide the data subject with the following written
information in relation to the intended provision—
(i) if the data is to be provided for gain, that the data
is to be so provided;
(ii) the kinds of personal data to be provided;
(iii) the classes of persons to which the data is to be
provided; and
(iv) the classes of marketing subjects in relation to
which the data is to be used; and
(c) provide the data subject with a channel through which
the data subject may, without charge by the data user,
communicate the data subject’s consent to the intended
provision in writing.
(3) Subsection (1) applies irrespective of whether the personal
data is collected from the data subject by the data user.
(4) The information provided under subsection (2)(a) and (b)
must be presented in a manner that is easily understandable
and easily readable.
(5) A data user who provides personal data of a data subject to
another person for use by that other person in direct marketing
without taking each of the actions specified in subsection (2)
commits an offence and is liable on conviction—
(a) if the data is provided for gain, to a fine of $1,000,000
and to imprisonment for 5 years; or
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Last updated date
5.12.2014
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