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: 0107/2012/IP

Title: Cold calls continued after objection

Reason: Complaint

Brief:

    X indicated that he had received promotional/cold calls for repeatedly and the callers identified themselves as Company A’s employees.  The calling number was displayed as “00” or from a place out of Macau.  When asked, the calling party indicated that the numbers they called were randomly generated.  X asked the calling party to stop calling him for telemarketing but the cold calls from Company A continued.
  A was in the opinion that Company A might have violated the Personal Data Protection Act (PDPA, or Law 8/2005), thus asked the Office for Personal Data Protection (GPDP) to follow up and hoped that the GPDP could asked Company A to stop the cold calls.

Analysis:

 
  During the investigations by the GPDP, Company A indicated that none of its employees had ever called the telephone number of X, nor did the company maintain any calling records with regard his number.
  As the cold calls were made outside Macau or the calling number displayed as “00”, the GPDP could not identify the calling party.  Through public search the GPDP found the number of Company A, which was later verified, along with X’s number, with Bureau B and Telecommunication Company C.  Both the latter replied that no calling records between these numbers were retrieved.  Therefore, no information showed that Company A had called X and processed his personal data.
  Should Company A process the personal data of X, it should comply with the PDPA, including the right to objection provided in Article 12 ibid.
  X mentioned that he kept receiving cold calls after exercising his right to object.  For this, as mentioned above, no evidence justified Company A’s calls to X and continued the cold calls after his objection.  In conclusion, no evidence showed that Company A had violated the PDPA, but further improvement should be for the process of Company A.

Result:

    The GPDP has informed Company A and X the result of the investigations and recommended Company A preparing a list of customers who had refused the cold calls.  This case has been closed.

Reference:
Please refer to "Personal Data Protection Act", article 12.

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