DCA/DataProtection

[dosh]

Dear All

I hope someone out there will be able to clarify the following situation.
There is a DCA processing my personal data in persuit of a debt, fair enough. However they are not registered with the Information Commissioners Office(ICO). Therefore they are processing my personal data in breach of the Data Protection Act 1998(DPA).
I've written to them asking them to cease processing or give me a justification why they are processing my data.

To date no response. Am correct in thinking that they cannot persue this debt because they are processing personal data illegally without first being registered at the ICO on the Register of Data Controllers.

I am in process of notifying ICO of this breach of the DPA. I do work in Information Compliance myself but I have never come across any precedent in these circumstances I would be grateful if anyone could enlighten me.

kind regards
Dosh

[charitynjw]

Re: DCA/DataProtection

Dear All

I hope someone out there will be able to clarify the following situation.
There is a DCA processing my personal data in persuit of a debt, fair enough. However they are not registered with the Information Commissioners Office(ICO). Therefore they are processing my personal data in breach of the Data Protection Act 1998(DPA).
I've written to them asking them to cease processing or give me a justification why they are processing my data.

To date no response. Am correct in thinking that they cannot persue this debt because they are processing personal data illegally without first being registered at the ICO on the Register of Data Controllers
They certainly are not 'lawfully' processing your information (!st Principle)
Also, whoever supplied them with the data could also be in breach of the DPA (7th Principle)
See the Legal Guidance in the Information Commissioner's section on this site.

I am in process of notifying ICO of this breach of the DPA. I do work in Information Compliance myself but I have never come across any precedent in these circumstances I would be grateful if anyone could enlighten me.

kind regards
Dosh

Hi dosh,

It would seem that not only is the DCA in breach of the Data Protection Act, but whoever has supplied them with your personal info may be liable as well.

(See 7th Principle)

[dosh]

Re: DCA/DataProtection

Thanks for that response . Its helped clarify the main issues. I'll let you know the outcome when the ICO gets back

[jim3940]

Re: DCA/DataProtection

Thanks for that response . Its helped clarify the main issues. I'll let you know the outcome when the ICO gets back

Yes please do. Very interested.