個人資料保護辦公室

Gabinete para a Protecção de Dados Pessoais

Office for Personal Data Protection

Complaint Case Notes
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No: 0067/2013/IP

Title: Telemarketing

Reason: Complaint

Brief:

    Citizen X indicated that he had received telemarketing cold calls from Company A for a number of times.  Whenever Citizen X, in each call, asked how his number was obtained, the caller only said it was picked up by random.  After that, Citizen X expressly indicated that he did not want to receive any cold calls from Company A again and asked to have his telephone number deleted, but cold calls from Company A continued. 
  Citizen X believed what Company A did might have violated the Personal Data Protection Act (PDPA, or Law 8/2005) and thus lodged a complaint to the GPDP.

Analysis:

    According to Article 4(1)(1) and Article 3(1) of the PDPA, processing of the data of this case should be governed by this Law.
  Company A reported to the GPDP that its employees in Hong Kong or Macau did not call the mobile number of Citizen X, nor did the company have any records of his number.  The GPDP is in the opinion that as the callers’ IDs have been hidden for those calls, therefore A failed to prove that those calls were made by Company A. 
  For the time being no evidence supported that Company A called X and processed his personal data, as a consequence it was not proved violating the right to object as governed by the PDPA.  To guarantee the exercise of the right to object by Company A, the GPDP required it, when making cold calls itself, or commissioning another company to make such calls, in the future should record those numbers whose user exercised the right to object, in order to avoid repeatedly calling those numbers.  Finally, considering that Company A has a branch office in Hong Kong and the marketing activities involved in this case may also be regulated by the data protection authority in Hong Kong, to which the GPDP has informed the present case.

Result:

    The GPDP has informed Citizen X and Company A of the present case, and also provided recommendations to Company A.  The present case is closed.

Reference:
Please refer to "Personal Data Protection Act", articles 3, 4 and 12.

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