Hong Kong: Aggressive Enforcement of Privacy Compliance Continues with first Direct Marketing Convictions

In the span of a week, two companies have been convicted under the Personal Data (Privacy) Ordinance ("PDPO") for using customer personal data in direct marketing activities without consent. These are the first convictions under the direct marketing rules introduced in April 2013. A third case will be heard in December.  

These prosecutions continue a recent trend of more aggressive enforcement of the PDPO in Hong Kong. 2014 saw the first prison sentence handed down under the PDPO and a record 90 enforcement notices issued by the Privacy Commissioner, up from just 25 in 2013. This most recent enforcement activity suggests that new Privacy Commissioner for Personal Data, Stephen Wong Kai-yi, will be pursuing a strict enforcement environment for data privacy in Hong Kong.

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