Anonymised respondent
S.22 offence found proved; referred to police for prosecution (s.20). DPO, 12 June 2013.
The facts
Two complainants received fidelity cards issued in their names and their family members' names without consent. The respondent said his database was built from the telephone directory and his employees' knowledge, and argued no prior consent was needed because the processing was a step towards a contract. The Commissioner held he had not established that ground, that using directory numbers for third-party marketing was an incompatible purpose, and that data collected unlawfully cannot be retrospectively justified.
Orders and outcome
The commission of an offence was found proved beyond reasonable doubt and the matter was referred to the police for the institution of prosecution proceedings. The document is an undated published summary.
Cite this decision
Same respondent
- 17 August 2011 · violation established
- 26 August 2011 · inadvertent disclosure found
- 20 August 2015 · enquiry closed for lack of complainant collaboration
- 20 January 2016 · no offence found
- 14 December 2016 · no offence found
- 6 January 2017 · no offence found
- 6 April 2017 · no breach found after clarifications
- 14 October 2016 · enquiry closed
- 6 May 2019 · no offence found
- 12 June 2012 · referred to police for prosecution (s.20)
- 9 March 2017 · enquiry closed under section 6 (resolved to the satisfaction of all parties)
- 17 December 2018 · enquiry closed under section 6 (resolved to the satisfaction of all parties)
- 10 October 2019 · no offence found
- 17 October 2019 · no offence found
- 22 June 2020 · enquiry closed under section 6 (resolved to the satisfaction of all parties)
- 28 June 2019 · no offence found
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