A former insurance agent is the first person to be imprisoned in Hong Kong for breach of the Personal Data (Privacy) Ordinance (PDPO) in relation to a complaint made to the Office of the Privacy Commissioner (PC) that the insurance agent had misled the complainant and obtained her personal data by unfair means. The insurance agent had allegedly persuaded the complainant to buy a new insurance policy but had not informed the complainant that he had in fact resigned from his job, and that the new policy was issued by a different insurance company. In response to enquiries from the PC, the insurance agent falsely told the PC that he had been assigned to work with the complainant whilst he was still employed by his original insurance company. However, this was denied by insurance company. Under the PDPO, it is a criminal offence for a person to make a statement to the PC, which he knows is false, or to knowingly mislead the PC. The insurance agent was held to have breached the PDPO and was sentenced to four weeks’ imprisonment.

The Office of the Privacy Commissioner for Personal Data press  release