The GPDP provides here some complaint and enquiry case summaries and answers to some frequently asked questions, as reference for better understanding of the Personal Data Protection Act and related issues about personal data protection.
Please note that the information provided here is for reference only, similar cases may not necessarily lead to the same result, and you should seek legal advices for your particular situations when appropriate.
個人資料保護辦公室
Gabinete para a Protecção de Dados Pessoais
Office for Personal Data Protection
No： 0136/C/2012
Title： Promotional text messages
Content：
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Citizen X received several promotional text messages from Company A. Citizen X contacted this company and asked how it obtained his contact information, but this company did not make any reply. Citizen A consulted the GPDP whether what Company A did was in line with the Personal Data Protection Act? |
Result：
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Because Citizen A did not provide detailed and specific information about the case, the GPDP could only provide the following opinions according to general personal data processing:
Under Articles 4(1)(1) as well as 3(1) of the Personal Data Protection Act, the relevant data processing in this enquiry is subject to the Personal Data Protection Act.
In addition, under Article 12(2) of the same law, Citizen X, at no cost, is entitled to object Company A’s processing of his personal data with purposes of direct marketing or commercial probing. Under Article 11(1) of the same law, Citizen X is entitled to exercise the right of access by asking how this Company obtained his data. In reverse, this Company is obliged to reply. If it fails to satisfy the rights of access by Citizen X, under Article 33 of the law previously mentioned, it may constitute an administrative offence. |
Reference：
Please refer to "Personal Data Protection Act", articles 3，4，11，12，33 . |
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