New | Renewed call to set up Hong Kong's do-not-call register caught between two bureaux

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Privacy Commissioner Allan Chiang Yam-wang. Photo: SCMP/May Tse

Published: 4:10pm, 21 Aug 2014

My publication on 5 August 2014 of the results of a public opinion survey regarding P2P (person to person) calls, together with my renewed call to the Administration for amending the Unsolicited Electronic Messages Ordinance (UEMO) to provide for the expansion of the existing DNC registers to include P2P calls, attracted a great deal of media and public attention. The registers, administered by the Office of the Communications Authority (OFCA), presently provide for telephone subscribers to register their telephone numbers to ward off unsolicited fax messages, short messages and pre-recorded telephone messages, but not P2P calls.

Compared with a similar survey conducted by OFCA in 2008 to evaluate the problem of inconvenience caused by P2P telemarketing calls, the 2014 survey revealed that there had been a growing preponderance of P2P calls, with more people responding negatively to the calls and fewer people reporting any gains from the calls. In keeping the survey findings that the bulk of the population has been inconvenienced by these calls and most of them treated the calls as nuisance, many have spoken against the calls subsequent to the publication of the 2014 survey report, quoting their bitter personal experiences. Some media have voiced support for the DNC register for P2P calls while expectedly the Hong Kong Call Centre Association has expressed reservation.

Importantly, the Commerce and Economic Development Bureau (CEDB), which has policy responsibility over UEMO and oversees OFCA, indicated they had an open mind on the proposal, but quickly pointed out that the effect on some 20,000 people employed in the telemarketing industry must be duly considered.

Against this background, I was a bit surprised to receive a letter dated 11 August 2014 from CEDB, (i) expressing their disappointment and frustration over the approach that I have taken in publication of the report on the 2014 survey results, (ii) making known their expectation of how my Office should have communicated with the Administration on this project, (iii) querying about the results of the survey, and (iv) indicating that they do not feel obliged to take forward the proposal.

Prior consultation with the Administration?

It appears that CEDB expects us to consult them before publication of the 2014 survey report so as to include their input, including "… comment on the conduct of the survey … (and) the draft findings." CEDB commented that without such prior consultation, we were in effect "keeping (the) Bureau in the dark", depriving them of a "fair hearing" and"… presenting a one-sided picture to the public." They were not happy that they received an advance copy of the 2014 survey report only a day before its publication.

To put things into perspective, the question of whether or not to regulate P2P telemarketing calls under the UEMO is a long standing one for the Administration. It was discussed at the meeting of the Legislative Council Panel on Information Technology and Broadcasting on 9 November 2009 and brought up again in the 2009-2010 public consultation on the review of the Personal Data (Privacy) Ordinance (PDPO). At that time, the Administration relied on the 2008 survey results and concluded that there was no "overwhelming support for regulation by legislation" and "establishing a DNC (register) for P2P calls appears disproportionate". In response to my specific appeal in 2011, CEDB expressed hope that self-regulation by the industry would suffice to address the problem but undertook to "… closely monitor the running of the self-regulatory scheme and review (the Administration's) way forward as and when appropriate."