Raising a concern - evidence that may be required by the DPC

Access Requests

There are three types of access request complaints:

  • No response to an access request.
  • Incomplete response to an access request.
  • Exemptions to withhold data being applied incorrectly.

No response to an access request

If you would like to make a complaint about a data controller failing to respond to your access request, we require the following:

  • A copy of the access request.
  • Signed authority from you where a solicitor/representative has made the contact.
  • Any reminder letter sent to the data controller.
  • Any other relevant correspondence on the matter, for example, if the data controller has sought proof of your identity, evidence that you have provided same.

Incomplete response to an access request

If you believe a data controller has not responded in full to your access request, we require the following:

  • A copy of the access request.
  • Signed authority from you where a solicitor/representative has made the contact.
  • A copy of any letter sent to the data controller outlining the specific personal data that has not been provided.
  • Any evidence you have of the existence of the personal data concerned.
  • Any other relevant correspondence on the matter.

Exemptions being used to withhold data that may be applied incorrectly

If you believe that an organisation is withholding data by applying exemptions in an incorrect manner, we require the following:

  • A copy of the access request.
  • Signed authority from you where a solicitor/representative has made the contact.
  • A copy of any letter sent to data controller seeking an explanation for the use of the exemptions together with any reply received from the data controller.
  • Your views in writing as to why the exemptions being relied on by the data controller are not validly applied.
  • Any other relevant correspondence.

Direct Marketing

If your complaint is about the receipt of unsolicited direct marketing contact without consent, we require the following:

  • The email address/phone number/fax number to which the marketing material was sent.
  • Confirmation of who your phone service provider is.
  • Details of where the marketing issued from (the name of the data controller as well as the email address/phone number it issued from).
  • A copy of the marketing material received:
    • For phone calls, provide the date and time of the call together with details of the product which the caller attempted to market to you.
    • For email, provide a copy of the full email received including header and footer information.
    • For text message, provideĀ a screenshot of the message or alternatively write out the full text and include date and time sent.
  • Details of any attempts made by you to opt-out of receiving marketing material or calls from the data controller.

All other complaints

For all other complaint we require the following:

  • Details of the specific data protection issue you are raising.
  • Signed authority from you where a solicitor/representative has made the contact.
  • Documentary evidence to support the allegation being made.
  • A copy of relevant correspondence exchanged with the data controller on the matter.