Q: Forced to delete database [2006] IEDPC 5

Q: Forced to delete database [2006] IEDPC 5

Q's use of personal data for direct marketing was unlawful as it was not obtained and processed fairly, nor was the data subject informed or given an opportunity to object, contravening Regulation 13 and Section 2 of the Data Protection Acts.

Citation
[2006] IEDPC 5
Parties
Respondent: Q; Applicant: Complainant
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Final Determination
Outcome
Enforcement Notice issued and complied with; database deleted.
Legal Topics
Unsolicited Communications, Direct Marketing, Fair Processing of Personal Data
Data Protection Privacy Law Unsolicited Communications Direct Marketing Fair Processing of Personal Data

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Parties

Q

Respondent

Complainant

Applicant

Procedural Posture

Data Protection Complaint / Final Determination

Legal Issues

  1. 1 Whether Q's use of personal data for direct marketing was lawful
  2. 2 Whether Q contravened Regulation 13 of Statutory Instrument 535 of 2003
  3. 3 Whether Q contravened Section 2 of the Data Protection Acts

Ratio Decidendi

Q's use of personal data for direct marketing was unlawful as it was not obtained and processed fairly, nor was the data subject informed or given an opportunity to object, contravening Regulation 13 and Section 2 of the Data Protection Acts.

Court Disposition

Enforcement Notice issued and complied with; database deleted.

Orders

  • Q to delete the database containing personal data collected from concert attendees.