FAQs
What is an unsolicited communication?
Unsolicited communication is essentially something that was not sought or requested. If, for example, you have an ongoing, or recent, relationship with a business, then contact from that business might not be deemed unsolicited, as some form of consent may be present. In addition, where you have volunteered contact details in the course of completing lifestyle surveys or entering promotions, such details may have consent attached to their future use and subsequent contact may not be deemed to be unsolicited depending on what you knew and consented to when you provided them.
FAQs
What rules apply to electronic direct marketing?
The General Data Protection Regulation (GDPR) applies directly in Ireland to most kinds of data processing and is read in conjunction with the Data Protection Act 2018. However, in addition to these general rules, there are rules which specifically apply to electronic direct marketing (marketing conducted by phone, fax, text message and email) which are set out in the ePrivacy Regulations (SI 336 of 2011).
FAQs
What happens if I get sick during the examination into my complaint?
The Data Protection Commission (DPC) will attempt to facilitate a suspension of the examination. It may sometimes be best for the data subject to consider withdrawing the complaint and to raise the matter again when they are able to actively participate in the examination.
FAQs
What if I am not happy with the outcome of the examination?
The Data Protection Commission (DPC) examines all complaints to the extent appropriate depending on the circumstances of the complaint. However, if following that examination your complaint was rejected or dismissed you can appeal this.
If you were provided with advice, or if recommendations were made to the data controller and if you remain dissatisfied with this, you can make an application to the courts under section 117 of the Data Protection Act, 2018.
FAQs
Do I have to engage in amicable resolution?
Amicable (done in friendly way) resolution is a voluntary process but it is often the quickest way of getting to the root of the issue. It is always helpful to hear from the other side and it is often possible to fix misunderstandings through direct contact. However, it is not mandatory and if it is attempted it does not mean that the DPC cannot continue to examine the complaint in a more formal process.
FAQs
Why can it take a long time to examine my complaint?
You may think your complaint is a simple question but actually, there are often other pieces of legislation and responsibilities to consider as well as other far-reaching effects. For example, you may want a doctor to destroy your medical records but that can have serious implications for any future care you may require or if the doctor advised you to get a test and you refused, the doctor may be required to retain this as evidence in any future legal proceedings.
FAQs
Why will the data controller not do what I want?
Simply put, they may not be legally allowed to do what you are asking or it may not be in their interest to do so and in this instance, their interests may override your rights. For example, if you want a data controller to erase the records it holds on you but you have also threatened legal action, then the data controller’s right to defend themselves in court may override your right to have your personal data erased.
FAQs
Do I need the DPC’s outcome for another statutory body?
No, often data subjects will make a complaint to the Data Protection Commission (DPC) and another statutory body such as the Workplace Relations Commission, the Legal Service Regulatory Authority, the Ombudsman’s Office , and so on. However, those statutory bodies do not require the outcome of the DPC’s examination in order to make their own determination on the complaint that is before them.
FAQs
Do I have to submit a complaint before I can go to court?
No, at all stages it is open to a data subject to make an application to court under section 117 of the Data Protection Act, 2018. Should an individual decide to pursue such a course of action, it is important to note that the Data Protection Commission (DPC) does not have any role to play in such proceedings; in addition, the DPC will not be in a position to speed up any examination it may be undertaking to accommodate any such court action. Likewise, the court does not require the outcome of the DPC’s examination in order to make their own determination.
FAQs
Should I tell the DPC or data controller what I want?
Yes, it will reduce the time it takes to resolve an issue if all parties are aware from the beginning what is expected. However, these expectations should be reasonable and within the power of the data controller to provide.