A web design company is requested to delete a marketing database [2008] IEDPC 17

A web design company is requested to delete a marketing database [2008] IEDPC 17

Given the repeated failure to remove the complainant's data and the risk to other data subjects, deletion of the entire marketing database was the only certain method to prevent further breaches.

Citation
[2008] IEDPC 17
Parties
Complainant: Complainant (Data Subject); Respondent: X. X. (Web Design Company)
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Determination
Outcome
Complaint upheld; remedial action ordered.
Legal Topics
Unsolicited Marketing, Data Subject Rights, Database Deletion, Compliance With Data Protection Legislation
Data Protection Privacy Law Unsolicited Marketing Data Subject Rights Database Deletion Compliance With Data Protection Legislation

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Parties

Complainant (Data Subject)

Complainant

X. X. (Web Design Company)

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Determination

Legal Issues

  1. 1 Whether the respondent unlawfully retained and used the complainant's personal data for marketing after a prior undertaking to remove it
  2. 2 Whether deletion of the entire marketing database was necessary to protect data subjects from unsolicited marketing

Ratio Decidendi

Given the repeated failure to remove the complainant's data and the risk to other data subjects, deletion of the entire marketing database was the only certain method to prevent further breaches.

Court Disposition

Complaint upheld; remedial action ordered.

Orders

  • Respondent to delete entire marketing database.
  • Respondent to cease marketing activity until compliant systems are in place.