Privacy regarding direct marketing

VI. Privacy regarding direct marketing

The Amendment Ordinance 2012 introduced a new regime governing the use of personal information in direct marketing, which took effect on 1 April 2013. The new regime provides stronger protection for individuals. When data users intend to use or provide an individual's personal data in direct marketing, they are required to inform the individuals of the prescribed information and obtain their consent.

Under section 35A of the Ordinance, "direct marketing" (in the context of personal data privacy) means:

1. offering or advertising the availability of goods, facilities or services; or
2. soliciting donations or contributions for charitable, cultural, philanthropic, recreational, political or other purposes,

by means of:

1. information or goods sent to specific persons by mail, facsimile transmission, electronic mail, or other similar means of communication, where the information or goods are addressed to a specific person or specific persons by name; or
2. telephone calls made to specific persons.

The PCPD published guidance notes entitled Guidance on Direct Marketing in April 2023, which is stated to take effect on the same date as the date of commencement of Part 6A of the Ordinance (i.e. 1 April 2013).