Personal Data (Privacy) Ordinance Part 6A—Division 2 6A-8 Section 35D Cap. 486 (b) provide the data subject with the following information in relation to the intended use— (i) the kinds of personal data to be used; and (ii) 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 use. (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, if in written form, easily readable. (5) Subject to section 35D, a data user who uses a data subject’s personal data in direct marketing without taking each of the actions specified in subsection (2) commits an offence and is liable on conviction 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. (7) In any proceedings for an offence under subsection (5), the burden of proving that this section does not apply because of section 35D lies on the data user. 35D. Circumstances under which section 35C does not apply (1) If, before the commencement date— Verified Copy Last updated date 5.12.2014