Monday, November 18, 2019
Friday, August 3, 2018
Following the implementation of the GDPR there has beena substantial increase in the number of complaints made to the ICO regarding nuisance calls. I’m sure the author of this article is not alone in being sick to the back teeth of companies calling to ask about the “accident in which you were recently involved.” The ICO has seen a 72% rise in this type of nuisance call. But members of the public should use their newly gifted power.
Under the GDPR the company who calls you must tell you the source of the information they have received about you, they usually don’t get any of this information from the data subject, they have an obligation to disclose the information at the latest at the point where they contact you about it. They are under an obligation to ensure the data is accurate, kept up to date and not retained for any longer than is necessary for the lawful purposes they retain it. They should tell you about your privacy rights when they first contact you, the author has not experienced any of this activity from these nuisance callers. If the company fails to comply with the articles of the GDPR and is holding incorrect information about you unlawfully, you have the right to claim damages from them, they also risk being fined substantially more than they would have been fined under the old data protection regime, by the ICO.
Going forward it will be interesting to see the level of fines levied by the Commissioner in respect of continuing breaches of data protection legislation, we will keep you updated.
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