On July 2, 2024, the Office of the Privacy Commissioner for Personal Data (PCPD) issued a statement welcoming the Eastern Magistrates' Court's conviction of Azzurri Automobile Limited for direct marketing offenses under the Personal Data (Privacy) Ordinance (PDPO) and a fine of HKD 10,000 (approx. $1,280).

Background to the case

The PCPD explained that the case originated from two complaints it received where the complainants had received marketing letters from Azzurri containing their personal data. The complaints claimed that Azzurri had used their personal data for direct marketing without their consent. Upon investigation, the PCPD concluded that the cases might involve contraventions of the direct marketing requirements under the PDPO and, therefore, referred the cases to the Police for criminal investigation.

Findings of the Court

Followingly, the Court found that Azzurri:

• failed to take the necessary actions to notify the two data subjects and obtain their consent before using their personal data, which was obtained from the records of the Transport Department, in direct marketing; and
• failed to inform the data subjects, when using their personal data in direct marketing for the first time, of their rights to request that Azzurri not use their personal data in direct marketing without charge.

Outcomes

In light of the above, the Court convicted Azzurri of the four charges laid against it under sections 35C(1) and 35F(1) of the PDPO and fined it HKD 2,500 per charge, totaling HKD 10,000 (approx. $1,280). Azzurri pleaded guilty to the charges.

You can read the press release here.