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28-06-21, 03:34 PM | #1 |
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use of data..
once data (name, address etc.etc) becomes in the public domain e.g. planning permission is it lawful for someone to use that data for marketing purpose?
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28-06-21, 03:59 PM | #2 |
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Re: use of data..
I doubt it. You open any website these days and you have to agree or not to cookies before you can do anything.
My daughter works in the GDPR department of a major credit card company and knows all the rules inside out - I can ask her of you like?
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28-06-21, 05:06 PM | #3 |
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Re: use of data..
Yes, it is. As the data is available in the public Domain no permission is required.
You can reply and opt out of their communication & 'the right to be forgotten' so they can no longer send you communications. https://iapp.org/news/a/publicly-ava...onsiderations/ |
28-06-21, 06:50 PM | #4 |
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Re: use of data..
so i can use any personal data that is published in any form open to the public. this means that i can obtain a phone book and use that data to send people marketing material.
i was always under the impression that all data must be obtained lawfully and not used for personal gain. BTW we are no longer in the EU so all laws that apply as such are null and void. |
28-06-21, 09:20 PM | #5 | |
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Re: use of data..
Quote:
Had a quick lok at ICO: What counts as consent? You will often need a person’s consent before you can send them a marketing message. If you do need consent, then – to be valid – consent must be knowingly and freely given, clear and specific. It must cover both your particular organisation and the type of communication you want to use (eg call, automated call, fax, email, text). It must involve some form of very clear positive action – for example, ticking a box, clicking an icon, or sending an email – and the person must fully understand that they are giving you consent. You cannot show consent if you only provide information about marketing as part of a privacy policy that is hard to find, difficult to understand, or rarely read. The clearest way to obtain consent is to ask the customer to tick an opt-in box confirming they are happy to receive your marketing calls, faxes, texts or emails. You should keep clear records of what a person has consented to, and when and how you got this consent, so that you can demonstrate compliance in the event of a complaint. You should be very careful when relying on consent obtained indirectly (consent originally given to a third party). You must make checks to ensure that the consent is valid and specifically identifies you. Generic consent covering any third party is not enough. Remember that the customer is entitled to withdraw their consent at any time. You must make it easy for people to withdraw consent, and tell them how. For further information, see our guidance on direct marketing and our guidance on consent.
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28-06-21, 09:23 PM | #6 |
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Re: use of data..
Would need a specific scenario to comment more I guess Bibio, but I'm presuming you've put your name on planning portal and got some marketing. You don't know for sure they got it that way (I'm guessing) , I've been on there before and not had anything. I'd email the company and pretend you're interested and then tag on , by the way how did you get my details? Press until they confirm.
Report to ICO, forward the mail.
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Last edited by Dave20046; 28-06-21 at 09:24 PM. |
29-06-21, 06:12 AM | #7 |
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Re: use of data..
I'm with Dave - marketing requires specific consent. There are different legal bases under GDPR, but marketing requires consent (which must be freely given).
The ICO site is a good guide of what to do if you have a complaint, bubt essentially you need to speak to the company first before making a complaint. I've done this a couple of times, including reporting the Conservatives to the ICO Except that the GDPR was incorporated into UK law with the Data Protection Act 2018, so it still applies until Boris waters it down to allow him to sell our data for profit/trade deals. |
29-06-21, 11:49 AM | #8 |
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Re: use of data..
just to be clear, yes it was through buildings warrant application. the company involved admitted they lifted my details from the fine council website 'we do it all the time, whats the fuss. we are giving you a £50 voucher'.
edit just had a look at the small print on the voucher. only to be used in conjunction with a transaction of £500 or more. Last edited by Bibio; 29-06-21 at 11:52 AM. |
29-06-21, 01:23 PM | #9 | |
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Re: use of data..
Quote:
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29-06-21, 08:32 PM | #10 | |
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Re: use of data..
Quote:
https://www.legislation.gov.uk/eu-le...ion-and-uk-law
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