Anonymised respondents (2)
No prejudice found (genuine error); compliance directions issued. DPO, 24 June 2011.
The facts
The complainant, himself an officer of the Data Protection Office, received an unsolicited SMS advertising land for sale on his private mobile number; an independent investigator was delegated to keep the enquiry impartial. The enquiry found the first respondent had outsourced marketing to the second respondent, whose customer database normally rests on signed consent forms, and that the message reached the complainant through a genuine input error rather than intent.
Orders and outcome
Both respondents were required to conduct SMS marketing in compliance with the Act, the first respondent to build an opt-out into the SMS itself and to use marketing consent only for its stated purpose, and the parties to put a written data controller and processor contract in place. The complaint was set aside subject to those conditions. Dated 24 June 2011.
Cite this decision
Same respondent
- 14 May 2012 · no offence found
- 12 May 2014 · disclosure held to be processing
- 22 April 2016 · no evidence of unlawful disclosure
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