Data protection act?
I just asked a question about who I can report a company to if they breech the data protection act by sending me marketing material when I have asked that this is not sent to me.
A number of people said they are not breeching the act by doing this.
But section 11 of the Act relates directly to the right of individuals to not have their data used for direct marketing. It says:
An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.
So if I have asked and the company has not ceased, then in my mind they are breeching the act.
Am I wrong??
Answers:
In strict terms having read the act above then no you are not wrong, but we all fill in forms, documents, enquiry forms, place orders with various companies etc etc etc and many of them have that little box at the bottom which says 'tick if you do NOT want us to pass on your info' All you have to do is forget to tick just one of these boxes and your name is back there in the public domain for marketing material.
This is only my opinion not legal advice!!
I don't see how you are the data subject of this material. If a company sent details of your age, marital status, occupation, etc. etc. to outsiders, then they would indeed have betrayed your confidence unless they had permission to do so. But your complaint appears to be about letting other people have your name and address, which are not private data, but matters of public record, inasmuch as they can be accessed from the electoral roll and (possibly) the telephone directory.
Perhaps the fact that you asked not to be sent any further unsolicited mail and it is still coming is something to do with their system. It can sometimes take time to process a request and things continue to trickle through.
Why not send things back marked "return to sender"? That might make them take the hint.
What a load of Hogwash , the Data protection act , that is
Why do they want to hold DATA any way , if not to spy on us
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