A marketing campaign sets up personalised website addresses and breaches the Acts [2008] IEDPC 3

A marketing campaign sets up personalised website addresses and breaches the Acts [2008] IEDPC 3

The creation and use of personalised URLs incorporating individuals' names without consent, the disclosure of those URLs via postcards, and the collection of further personal data without providing fair processing information constituted breaches of the Data Protection Acts.

Citation
[2008] IEDPC 3
Parties
Respondent: X; Applicant: Irish Data Protection Commission; Complainant: Complainants (three data subjects)
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint Investigation / Decision by Data Protection Commission
Outcome
Breach found; remedial undertakings accepted
Legal Topics
Personal Data Processing, Direct Marketing, Consent, Fair Processing, Disclosure of Personal Data, Children's Data
Data Protection Privacy Law Personal Data Processing Direct Marketing Consent Fair Processing Disclosure of Personal Data Children's Data

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Parties

X

Respondent

Irish Data Protection Commission

Applicant

Complainants (three data subjects)

Complainant

Procedural Posture

Data Protection Complaint Investigation / Decision by Data Protection Commission

Legal Issues

  1. 1 Whether the creation and use of personalised URLs without consent breached the Data Protection Acts
  2. 2 Whether disclosure of personal data via postcards constituted a breach
  3. 3 Whether collection of further personal data via the URLs complied with fair processing requirements

Ratio Decidendi

The creation and use of personalised URLs incorporating individuals' names without consent, the disclosure of those URLs via postcards, and the collection of further personal data without providing fair processing information constituted breaches of the Data Protection Acts.

Court Disposition

Breach found; remedial undertakings accepted

Orders

  • X to disable all personalised URLs relating to the campaign
  • X not to repeat such a campaign