個人資料保護辦公室

Gabinete para a Protecção de Dados Pessoais

Office for Personal Data Protection

Enquiry Case Notes
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No: 0136/C/2012

Title: Promotional text messages

Content:

    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:

    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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