The new provisions relating to direct marketing and legal assistance for aggrieved individuals introduced by the Personal Data (Privacy) (Amendment) Ordinance 2012 (the "Amendment Ordinance") will take effect on 1 April 2013.
Under the Amendment Ordinance:
- A data user who intends to use personal data in direct marketing (or provide the data to others for such use) should comply with specified new requirements.
- The Privacy Commissioner may provide various forms of legal assistance to an aggrieved person who has a right to claim compensation in relation to his personal data under the Personal Data (Privacy) Ordinance (the "Ordinance") from a data user for damage suffered by him as a result of the data user's contravention of the Ordinance.
Certain other changes introduced by the Amendment Ordinance have been in effect since 1 October 2012.
For more information relating to the implications of the Amendment Ordinance, see our previous legal updates: