Data Protection Act Section 10 Does Not Apply

scouselad1974

Hi Guys

After sending one of my creditors The Data Protection Act Section 10 template from this forum, requesting the removal of my telephone number from their systems, I have received the following reply.

"We do not agree that section 10 DPA applies in this case because:

you gave us consent when you applied for the product and Section 10 does not apply where a data subject has previousley given consent to the processing:

• the processing is necessary for the performance of a contract to which you are a party; and
• (in any event) the processing is not causing, nor is it likely to cause you substantial unwarranted damage or distress

Can anyone advise me on what to do next please.

DarkConvict

You could reply with that it is your view that the use of the telephone number is causing distress given that you feel you are been harassed by there telephone call agents, therefore you stand by your decision to want the removal of the telephone number from the system, and will only continue to communicate in writing. The telephone number is not required for the contract to exist,perform or function as the creditor can easily communicate with you in writing.

Furthermore, add in you will not answer any DPA security questions if they continue to call, and any further calls will be logged and a report filed with the ICO for the continual processing of data that you have requested to be removed.

scouselad1974

Thanks for that, I will draft a reply over the weekend.