EAQE Property ordinances and first-hand sales question: Part 6A of the Personal Data (Privacy) Ordinance

EAA EAQEProperty ordinances and first-hand sales

An agency wants to use a former client's mobile number to send her new listings by SMS. What does Part 6A of the Personal Data (Privacy) Ordinance require first?

A Notice of the intended use and her consent; stop if she opts out
B Nothing, because she has been a client of the agency before
C Only adding an opt-out line at the end of each SMS message
D Approval from the EAA

Show the answer and explanation

Answer: A. Notice of the intended use and her consent; stop if she opts out

Answer: Notify her of the intended use and obtain her consent, and honour any opt-out. Why not the others: - Nothing because she was a client: Direct marketing needs specific notice and consent. - Only an opt-out line: Opt-out alone is not enough; prior consent is required. - EAA approval: Not required. Rule: Before using personal data in direct marketing, a data user must inform the data subject of the intended use and the kinds of data and marketing, and obtain consent; the data subject may opt out at any time. Breach can attract a fine of up to HK$500,000 and 3 years' imprisonment (HK$1,000,000 and 5 years where data is provided to others for gain). Source: Personal Data (Privacy) Ordinance (Cap. 486), sections 35A to 35M; as at Oct 2026