Data protection, Experian and the Performing Rights Society

[anon2u]

Today, I received a phone call from the Performing Rights Society asking if I played music in my place of business. (Answer: no).

I asked where they got my name from and they said it was from Experian.

Does Experian have the right to pass on my data under the Data Protection Act?

It has nothing to do with credit ratings as far as I can see.

[Eloise01]

Re: Data protection, Experian and the Performing Rights Society

Experian do not just deal with credit ratings - they do an awful lot more. They have a massive industry in selling various forms of data sets which are compiled from publically available information, and such trade is perfectly legal.

[labman]

Re: Data protection, Experian and the Performing Rights Society

Absolutely correct. However, if they are using that data set purely to drum up trade for licences, and you answered no, then they should remove your data forthwith as Data Principles 4 and state:

Personal data must be:

4. Accurate and up to date

5. Not kept any longer than necessary

You could argue that keeping your data now is unnecessary and ask for it to be removed.

[Eloise01]

Re: Data protection, Experian and the Performing Rights Society

That is not a matter for Experian. They do not collect data for specific purposes in the way you suggest. Experian do not have information about businesses in order to ensure compliance with the law on music copyright. The matter is whether their client continues to hold information which they purchased for a specific purpose.

[wales01man]

Re: Data protection, Experian and the Performing Rights Society

If its a business it may have awebsite,aa advert somewhere or if a LTD co be on the companies house register if so mthe name and adress is iin the public domain PRS might be saying Experian told them ?
when we had a pub PRS came round to check and charge us a licence must have found us siome way?
cant see anything sinister or underhand here there must be loadrs of ways to find someone or a business

[charitynjw]

Re: Data protection, Experian and the Performing Rights Society

• "Today, I received a phone call from the Performing Rights Society asking if I played music in my place of business. (Answer: no)."
• http://www.legislation.gov.uk/ukpga/1998/29/section/1
  “data subject” means an individual who is the subject of personal data;

[bluebottle]

Re: Data protection, Experian and the Performing Rights Society

Sounds like PRS are on one of their fishing expeditions. They're well known for this and also claiming businesses need PRS licences when, in fact, they don't.

[enquirer]

Re: Data protection, Experian and the Performing Rights Society

Today, I received a phone call from the Performing Rights Society asking if I played music in my place of business [...] I asked where they got my name from and they said it was from Experian.

Have you ever played music there?

Their question is carefully phrased. They have not accused, merely asked.

There are two possibilities. Either they have purchased a generic database (of licensed premises, for instance), and are simply making a speculative enquiry, or they have been supplied with information that suggests you may be breaking the law.

If the latter, there may be an offence under the DPA.

You might write to the Performing Rights Society asking them to supply copies of all data that they hold on you. See what it says and then take it from there.

[wales01man]

Re: Data protection, Experian and the Performing Rights Society

If the OP dont play music no licence needed why worry who has theier phone number and adress its a business?
or is it a secret society load of fuss about nothing IMO

[charitynjw]

Re: Data protection, Experian and the Performing Rights Society

With reference to my previous post (#6), unless the information relates to personal information on a living individual, the DPA is probably is not applicable.

http://www.ico.org.uk/for_organisati...nce_guide.ashx

[labman]

Re: Data protection, Experian and the Performing Rights Society

Eloise is correct in her retort to my comment, and thanks to Charity for supplying the DPA link. Eloise is correct in saying Experian are not the data controller, the issue is, of course, with the people who bought that data set from Experian. They are now acting as a data controller and are processing your data. It is from that data set your details should be removed.

Holding it for any longer now would be contrary to the DPA in my opinion as they simply don't need it, and the DPA states it should not be kept for any longer than is necessary.

[wales01man]

Re: Data protection, Experian and the Performing Rights Society

What if they found the phone number in the phone book or an ad in yellow pages?

[labman]

Re: Data protection, Experian and the Performing Rights Society

What if they found the phone number in the phone book or an ad in yellow pages?