Cross marketing of a credit card by a travel agent [2005] IEDPC 6

Cross marketing of a credit card by a travel agent [2005] IEDPC 6

S failed to obtain valid consent for marketing a credit card, which is not a similar product to its principal business nor provided by a group company; therefore, sharing customer data for this purpose breached data protection requirements.

Citation
[2005] IEDPC 6
Parties
Respondent: S; Third Party: X; Third Party: Credit Card Provider
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Decision
Outcome
complaint upheld
Legal Topics
Consent for Marketing, Data Sharing, Direct Marketing
Data Protection Privacy Law Consent for Marketing Data Sharing Direct Marketing

Case Brief

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Parties

S

Respondent

X

Third Party

Credit Card Provider

Third Party

Procedural Posture

Data Protection Complaint / Decision

Legal Issues

  1. 1 Whether S obtained valid consent from customers before sharing data for credit card marketing
  2. 2 Whether the credit card provider acted in breach of data protection law

Ratio Decidendi

S failed to obtain valid consent for marketing a credit card, which is not a similar product to its principal business nor provided by a group company; therefore, sharing customer data for this purpose breached data protection requirements.

Court Disposition

complaint upheld

Orders

  • Immediate cessation of the marketing campaign
  • Review of procedures relating to data storage, processing, and marketing practices