Case study 6: Customer data legitimately passed from car dealership to new buyer. [2011] IEDPC 6 (2011)

The use of customer data by the new dealership for the same purpose as the previous owner did not constitute a breach of the Data Protection Acts, as prior opt-in consent was in place.

Citation: [2011] IEDPC 6
Parties: Complainant: Complainant 1; Complainant: Complainant 2; Respondent: New Car Dealership; Adjudicator: Irish Data Protection Commission
Jurisdiction: Ireland
Procedural Posture: Data Protection Complaint / Decision
Outcome: complaint dismissed
Legal Topics: Transfer of Customer Data, Direct Marketing, Consent, Business Acquisition

Data Protection Privacy Law Transfer of Customer Data Direct Marketing Consent Business Acquisition

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Parties

Complainant 1

Complainant

Complainant 2

Complainant

New Car Dealership

Respondent

Irish Data Protection Commission

Adjudicator

Procedural Posture

Data Protection Complaint / Decision

Legal Issues

1 Whether the transfer and use of customer data by the new dealership constituted a breach of the Data Protection Acts
2 Whether consent was required for direct marketing by the new dealership

Ratio Decidendi

The use of customer data by the new dealership for the same purpose as the previous owner did not constitute a breach of the Data Protection Acts, as prior opt-in consent was in place.

Court Disposition

complaint dismissed

Orders

No breach found under the Data Protection Acts
Dealership unsubscribed complainants from marketing database