Office of the
Telecommunications Authority (OFTA)
At present there is no law to prohibit the sending of spam.
The use of personal data for sending out e-mail spam for direct marketing
purposes might be regulated by section 34 of the Personal Data (Privacy)
Ordinance. This requires that the sender should provide the recipient with an
"opt-out" choice of not receiving further marketing e-mails.
Drawing on the views expressed to the earlier
consultation issued by the Office of the Telecommunications Authority (OFTA)
seeking public opinion on the issue and the trend on recent developments, the
Government has launched the "STEPS"
campaign to contain the problem of spamming. STEPS stands for “ Strengthening
existing regulatory measures, Technical solutions, Education, Partnerships,
Statutory measures.The government is conducting intensive consultation on the
technical details of legislative measures of tackling spam.
The Government encourages the Internet industry to exercise
self-regulation in tackling spamming activities. Almost all ISPs in Hong Kong
have included terms in their contracts of service to prohibit subscribers from
using the ISPs' services for spamming activities. Depending on the policy of
individual ISPs, a spammer will be warned or will have the service suspended or
terminated immediately without warning.
of the Telecommunications Authority (OFTA)
of the Privacy Commissioner for Personal Data
Office of Telecommunications Authority
Postal address: 29/F Wu Chung House, 213 Queen's Road,
Wanchai, Hong Kong
Telephone number (852) 2961 6333
Fax (852) 2803 5110
on compliance issues in relation to the Personal Data (Privacy) Ordinance
may be made to the Office
of the Privacy Commissioner for Personal Data.
Postal address Unit 2001, 20/F, Office Tower,
Convention Plaza, 1 Harbour Road,
Wanchai, Hong Kong
Telephone number (852) 2827 2827
Fax: (852) 2877 7026
legislation in place
34 of the Personal Data (Privacy) Ordinance (hereafter called
"the Ordinance") stipulates that "A data user who uses
the data for direct marketing purposes, including the advertising of
the availability of goods, facilities or services by means of
information sent by electronic mail, shall
the first time he so uses those data, inform the data subject that
the data user is required, without charge to the data subject, to cease to
so use those data if the data subject so requests;
if the data subject so requests, cease to so use those data without
charge to the data subject."
according to the Office of the Privacy Commissioner for Personal Data
(PCO), the above provision can only be used against junk e-mail message
directed at a particular person. It cannot apply to the most common
situation where junk e-mail message is not targeted at a specific person.