SQE Other ordinances in agency practice question: Personal Data Privacy Ordinance Cap

EAA SQEOther ordinances in agency practice

Ms Grace Lee consented last month to receive direct marketing from Kowloon Homes Agency. Consider these statements under the Personal Data (Privacy) Ordinance (Cap. 486): (i) She may require the agency to stop using her data in direct marketing at any time. (ii) When the agency first used her data in direct marketing, it had to tell her it must stop, without charge, if she so requires. (iii) She may opt out even though she earlier gave her consent. (iv) If the agency ignores her opt-out request, it commits an offence with a maximum fine of HK$500,000 and imprisonment for 3 years. Which statements are correct?

A (i), (ii), (iii) and (iv)
B (i) and (iii) only
C (ii) and (iv) only
D (i), (ii) and (iii) only

Show the answer and explanation

Answer: A. (i), (ii), (iii) and (iv)

Answer: (i), (ii), (iii) and (iv). (i) True. Section 35G(1): a data subject may, at any time, require a data user to cease using her data in direct marketing. (ii) True. Section 35F(1): on first use in direct marketing, the data user must tell the data subject that it must, without charge, cease the use if she so requires. (iii) True. Section 35G(2)(b): the right applies even if she earlier gave consent. (iv) True. Section 35G(3) and (4): the data user must comply without charge; contravention is an offence with a fine of HK$500,000 and imprisonment for 3 years. Rule: Consent can be withdrawn at any time; stop free of charge or face a HK$500,000 and 3-year offence. Source: Personal Data (Privacy) Ordinance (Cap. 486), sections 35F and 35G; as at Oct 2026

Common mistake

Thinking a client who has consented is locked in, or that the agency may charge to process an opt-out.

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An original question written to the published SQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.