Azzurri Automobile fined HK$10k for using data for direct marketing without consent

Azzurri Automobile, the sole official importer and distributor of Alfa Romeo in Hong Kong and Macau, has apologised and pleaded guilty to using two individuals' personal data for direct marketing without consent.

The company pleaded guilty to four charges of direct marketing offences under the Personal Data (Privacy) Ordinance (PDPO) at the Eastern Magistrates' Court on Tuesday. It was fined HK$2,500 for each charge, totaling HK$10,000.

This came after the Office of the Privacy Commissioner for Personal Data (PCPD) received complaints from two individuals, after they received a marketing letter from the company by post on 6 November 2023.

The letters contained the complainants’ English names and addresses. Both of the complainants called the company to make enquiries and were told the company had collected their personal data from the records of the Transport Department for the purpose of issuing the letters.

The complainants considered that the company had used their personal data for direct marketing without their consents, thus they lodged complaints with the PCPD. The cases were then referred to the police for criminal investigation and consideration of prosecution.

The court ruled that the company failed to take the necessary actions to notify the two complainants and obtain their consents before using their personal data, which was obtained from the records of the Transport Department, in direct marketing.

The court also said the company also failed to inform the two individuals, when using their personal data in direct marketing for the first time.

In response, Azzurri Automobile told MARKETING-INTERACTIVE in a statement that it fully respects the ruling, as well as the importance of maintaining our customers' personal information and privacy. It is committed to protecting the security of all owners' personal information.

"As the new distributor in Hong Kong, it was our responsibility to reconnect with owners after our brands withdrew by the previous dealer in 2017. While the intent of our aftersales campaign was to provide complimentary inspections and diagnostic check services for all existing owners, regardless of the age of their vehicles, to ensure their cars were up to date and to address any recalls or service-related issues, the process could have been executed more smoothly."

"We have apologised and reaffirmed our commitment to fully respecting customer privacy and information, and we promise to be more attentive going forward," the company added.

Privacy commissioner Ada Chung said, “Prior to carrying out any direct marketing activity of any goods or services, a data user (whether an individual or an organisation) must obtain the consent from the data subject on the intended use of his/her personal data for the said purpose.”

“Moreover, the data user should inform the data subject, when using his/her personal data in direct marketing for the first time, of the data subject’s right to request the data user to cease to use the data in direct marketing without charge. Otherwise, the data user may incur criminal liability," she added.

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