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| 2.12 Can I ask my customers to provide the electronic contact details of friends as part of a "refer a friend" scheme so that I can market published on 02 April 2009 2.12 Can I ask my customers to provide the electronic contact details of friends as part of a "refer a friend" scheme so that I can market them about my products and services?It is an offence under the provisions of SI 535 of 2003 as amended by SI 526 of 2008 to send an unsolicited marketing message to someone where there is no existing customer relationship. The onus is on the sender to show that the recipient has consented to the receipt of such messages. It is difficult to see how the |
| Case Study 12 - 2005 published on 10 April 2006 There is a noticeable increase in the use of text marketing services as a promotional tool in the retail and leisure sectors. During 2005 a number of such promotions were the subject of complaints to my office and I will focus on one particular example in order to highlight the potential problems. |
| Case Study 12 - Ashbury Taverns: Failure to comply with an access request. published on 13 June 2007 My Office received a complaint regarding alleged non-compliance with an access request. This complaint was made by a legal representative on behalf of a data subject formerly employed by Ashbury Taverns of Wexford.As the access request had not been complied with within the 40 day period, my Office wrote to the data controller. When no response was received, my Office also attempted to make contact on numerous occasions by telephone and by |
| Case Study 12/96 Information kept by the Companies Registration Office published on 14 September 1996 I have had several complaints from company directors who found that information about them had been obtained from the Companies Registration Office and was to be published in a trade directory. One complaint came from a trade association which felt that the publication of the information could expose some of its members to personal danger. |
| Case Study 2 - 2005 published on 10 April 2006 Case Study 2 - I received a complaint from a data subject who had not been given copies of medical reports, commissioned from independent specialists by a life assurance company in connection with her on-going income continuance claims. |
| Case Study 2 - Gaelic Telecom / Global Windows: Cold calling published on 13 June 2007 I received a number of complaints from the public last year concerning unsolicited calls from GaelicTelecom, a telecommunications service provider. Of particular concern to me was the fact thatmany of the complainants were telephoned by Gaelic Telecom even though their preference not toreceive direct marketing calls had been recorded on the National Directory Database opt-outregister.My Office contacted Gaelic Telecom in |
| Case Study 2/00 Department of Education & Science published on 28 July 2000 A group of teachers, all members of a particular trade union, was engaged in industrial action against the Department of Education & Science. The Department decided to withhold pay from the individuals for days on which, arising from their industrial action, the individuals were not – in the view of the Department – properly performing their work duties. In order to do this, the Department used the payroll database to identify those individuals who were members of the trade union, and pay was withheld from those individuals. |
| Case Study 2/02 International Bank Recording of Telephone Calls published on 07 October 2002 International Bank-recording of telephone calls. I received a complaint from an individual who stated that in the course of her employment for a particular company she received a telephone call from one of the major international banking organisations based in Ireland. |
| Case Study 2/03 PMI Ltd published on 28 February 2003 PMI Ltd mailing list rented in good faith by a bank resulted in minors being marketed for credit cards without proper consent. In early January 2003 I received a complaint from an individual to the effect that his ten year old daughter had received unsolicited mail from a bank offering her a credit card. The letter was addressed to the child using "Blackrock, Co. Dublin" as the postal address. |
| Case Study 2/04 - Workplace bullying and harassment. published on 08 January 2005 An employee had made an access request under section 4 of the Acts for personal data contained in a human resources division investigation file concerning a bullying and harassment complaint which he had lodged against another member of staff. |
| Case Study 2/2001 Major Charitable Organisation published on 19 February 2001 Disclosure of donors' details to a financial institution – pro-active investigation – unfair obtaining – consent Members of the public alerted a national “phone-in” radio show to the fact that they had been receiving mailings from a financial institution, which appeared to be aware that the individuals had made donations to Concern, a respected national charitable organisation. |
| Case Study 2/96 Customer Disputed His Credit Rating published on 03 February 1996 A customer made an access request to a financial institution and discovered that the institution had given him a rating with which he did not agree. He acknowledged that he had had some difficulties with his account, but he considered that the rating as it was explained to him by the financial institution suggested that the situation was more serious than it really was. |
| Case Study 2/97 Data about Two People combined in One Record published on 11 December 1997 The complainant looked for a loan to buy a car, but he was refused. He then made an access request under section 4 of the Data Protection Act to a credit referencing agency. The record he received in response showed that he had been lent money by a financial institution some years before, and that that loan had not been repaid according to the agreed terms. |
| Case Study 2/98 Use of Telemarketing Company published on 19 June 1998 Use of telemarketing company in the management of customer accounts - transfer of data to agent not disclosure - obligation of data processors to register. The complainant received an unsolicited telephone call from a telemarketing service company. The call was in connection with the complainant's account with another company (the 'supplier company'), not the telemarketing company. |
| Case Study 2/99 Life Insurance Company published on 03 April 1999 The complainant was a long-standing customer of a particular life insurance company. One of the company's representatives, who had in the past been dealing with the customer's affairs, left the company to join a different company in the same line of business. |
| Data Protection Act 1988 - Registration & Miscellaneous published on 13 July 1988 16.(1) This section applies to the following persons, that is to say:(a) data controllers, being public authorities and other bodies and persons referred to in the Third Schedule to this Act,(b) data controllers, being financial institutions, persons holding authorisations under the European Communities (Non-Life) Insurance Regulations, 1976 (S.I. No. 115 of 1976), or the European Communities (Life Assurance) Regulations, 1984 (S.I. No. |
| EU Directive 95/46/EC - Chapter 2 published on 24 October 1995 Member States shall, within the limits of the provisions of this Chapter, determine more precisely the conditions under which the processing of personal data is lawful. |
| Getting Organised for Data Protection published on 21 March 2005 A quick look at some of the steps to take to comply with your Data Protection obligations:The right of access is the most important right that an individual has and you need to make preparations for handling access requests. Dealing with access requests is not your only obligation. |
| Guidance Notes for Pharmacists - Applying for Registration under the Data Protection Acts, 1988 & 2003 published on 22 February 2005 This document is intended as a guide for Pharmacists applying for registration as a Data Controller. |
| Press Release - Privacy Rights must not be Taken for Granted published on 10 June 2002 “The privacy rights of citizens and consumers cannot be taken for granted”, said Data Protection Commissioner, Mr Joe Meade, today at the launch of his 2001 Annual Report. Mr Meade issued a stern note of warning in response to a number of investigations which he carried out in 2001 into some of Ireland's largest companies – including Ryanair, MBNA, and prominent legal firms. “I intend to use my full powers against any organisations which abuse people's trust and which invade their privacy”, said Mr Meade at the launch. |
| Press Release - Unofficial Registration Services published on 05 July 2002 The Data Protection Commissioner today issued a warning to companies receiving mailings from a UK company calling itself "Data Protection Act Registration Service". Many Irish companies have been receiving the mailings, which urge companies to visit a bogus website, and to register under the Data Protection Act. |
| Top ten threats to privacy - 2008 Annual Report published on 09 November 2009 Text of top ten threats to privacy as featured in 2008 Annual Report |
| Training Video - My Data, Your Business? - Complying with the Data Protection Acts published on 10 September 2007 This video is a brief dramatised introduction to the eight principles of data protection. It is intended for use as part of a staff training and awareness programme, which will assist organisations in meeting their compliance requirements. |
Office of the Data Protection Commissioner.
Canal House, Station Road, Portarlington, Co. Laois, Ireland.
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