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Ricacorp real estate agent fined 15,000 for the crime of violating the privacy of a client who refused to receive direct sales messages by calling

2021-09-07T10:40:58.984Z


An estate agent was accused of failing to comply with the data subject’s request to refuse to receive direct marketing messages and continued to use his personal data for direct marketing. Today (7th), he was convicted of violating the "Personal Data (Privacy) Clause" at the Kowloon City Magistracy


An estate agent was accused of failing to comply with the data subject’s request for refusal to receive direct marketing messages and continued to use his personal data for direct marketing. Today (7th), he was found guilty of violating the Personal Data (Privacy) Ordinance in the Kowloon City Magistracy. Fine was 15,000 yuan.

The court pointed out that the "Privacy Ordinance" is not only for institutions, but also applies to individuals.


The Personal Data Privacy Commissioner Liling Chung welcomes the ruling and reminds consumers that if they still receive direct marketing messages after making a request to refuse direct marketing messages, they should make a record for complaints.


The court held that the defendant and Rijiage jointly controlled the personal data of the victim and belonged to the data user in this case.

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This case stems from a complaint received by the Privacy Office in 2018. The complainant stated that the property was purchased through Ricacorp and provided his name and phone number to Ricacorp.

The complainant then requested Ricagate to reject direct marketing messages in February 2018, and Ricagate also confirmed that the complainant had been added to the rejection list and would no longer use the phone to contact the complainant for direct sales promotion.

Call to check if you intend to sell the property, and the Office of Complaints referred to the police for criminal investigation

However, in November of the same year, the complainant received a call from a staff member of Ricacorp to inquire whether he intended to sell the property.

The complainant then lodged a complaint with the Office of the Privacy Office. After initial handling, the Office believed that the data user involved in the incident had failed to comply with the complainant’s request to refuse direct marketing messages, and referred the case to the police for criminal investigation and consideration of prosecution.

The real estate agent involved was eventually charged in the Kowloon City Magistracy for violating section 35G(3) of the Privacy Ordinance. After trial, he was found guilty today and fined $15,000.

The court held that the defendant jointly controlled the personal data of the victim together with Ricacorp Real Estate Co., Ltd. (Ricacorp) and was the data user in this case.

▼9.6 Compulsory inspection of the 2 closed areas in the city of Sunrise ▼


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Privacy Commissioner welcomes the ruling

Personal Data Privacy Commissioner Liling Chung welcomes the ruling, stating that company employees must check the "list of customers who reject direct marketing messages" kept by the company before calling customers for promotions. If an individual employee fails to check the rejection list, he or she will contact them by phone. If a customer on the list makes direct sales promotion, the staff member may be held criminally liable.

If you make a rejection request and still receive the direct marketing message, you should record it for the purpose of making a complaint.

Zhong Liling also reminded consumers that if they still receive direct marketing messages after making a request to reject direct marketing messages, they should make a record and try to grasp the details of direct marketing as evidence in order to lodge a complaint with the Office.

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01News

Source: hk1

All news articles on 2021-09-07

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