Resale of an Apple ipod containing a customer's personal data [2008] IEDPC 15

Resale of an Apple ipod containing a customer's personal data [2008] IEDPC 15

X. store breached its obligations as a data controller by reselling a device containing the complainant's personal data, failing to implement adequate controls to prevent unauthorized disclosure.

Citation
[2008] IEDPC 15
Parties
Complainant: Data Subject; Respondent: X. Store
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Amicable Resolution Following Investigation
Outcome
amicable resolution
Legal Topics
Personal Data, Data Controller Obligations, Retailer Liability, Device Resale
Data Protection Personal Data Data Controller Obligations Retailer Liability Device Resale

Case Brief

Summary, issues, holding and outcome

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Parties

Data Subject

Complainant

X. Store

Respondent

Procedural Posture

Data Protection Complaint / Amicable Resolution Following Investigation

Legal Issues

  1. 1 Whether the resale of a returned device containing personal data constitutes a breach of data protection obligations under the Data Protection Acts.

Ratio Decidendi

X. store breached its obligations as a data controller by reselling a device containing the complainant's personal data, failing to implement adequate controls to prevent unauthorized disclosure.

Court Disposition

amicable resolution

Orders

  • X. store issued a letter of apology and a goodwill gesture to the data subject.
  • X. store reviewed and improved its data protection compliance processes.