a website business has the contact address as my home address

1235

Comments

  • powerful_Rogue
    powerful_Rogue Posts: 8,304 Forumite
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    hpuse said:
    hpuse said:

    Yes, In smaller words - 40 is a number that I do not “own”, but that is “my” age and it belongs to me.

    Likewise, using “my” private address to form a company without “my” consent is against GDPR and potentially fraudulent, hence should be reported to Action Fraud as well. (Context of this thread - it would help if the focus is on it, rather than the poster 😀!)

    Hope the above is easy to comprehend, now?
    You still seem to misunderstand GDPR, or wish it to achieve something that it does not.

    "40" may be your age but it is not personally identifying you.
    "40" is used in various brands, for example:
    household product https://wd40.co.uk/
    clothing https://fortyclothing.com/
    These are not using your data.

    Likewise, the address where you live is not personal data. 
    Any number of people could live at your address. 
    Any number of businesses could be registered at your address. 
    The use of your address to register a company is not a breach of GDPR. 
    The use of you address to register a company may be potentially fraudulent and / or against company law.
    Your persistence on this being a breach of GDPR is incorrect.
    A static address from Royalmail Postcode Address File (PAF) has nothing to do with the context of this post. Ignorance is bliss.

    Once again, just to reiterate my assertion

    If someone has used a personal address (in the context of OP)  without consent to register a company, he has done an act which could be deemed against 
    a) Companies house formation rules
    b) GDPR 

    Feel free to keep challenging the bullbog or bark up the wrong tree😀
    a)  - Yes potentially.
    b) - No

  • powerful_Rogue
    powerful_Rogue Posts: 8,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    hpuse said:
    booneruk said:
    hpuse said:
    I had little hope that these links would reference GDPR in any way, and that fear was confirmed. Why are you taking us in circles with this? Registering a company at a random's address may fall foul of company law, but there's nothing in GDPR about it. 

    Please let us leave this loop, we all have lives to lead.
    check the link, below
    It appears  like there are even legal businesses established to claim home address use illegally based on GDPR.
    https://www.accidentclaims.co.uk/gdpr-data-breach-compensation/faqs/home-address-breach-of-uk-gdpr


    Have you read the link you posted? I have and can see no-where how this would apply.
  • booneruk
    booneruk Posts: 680 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    I suspect a Google search was executed against a word salad comprising of GDPR, legal, sue etc and accidentclaims.co.uk appeared. The subsequent copy and paste of that link wasn't quite the "Game over" moment hpuse intended.

    And on that note, I'm out. I have much more interesting things to be doing with my time - counting the number of individual rice crispies I have in my cupboard for one.
  • Ergates
    Ergates Posts: 2,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    hpuse said:
    Ergates said:
    hpuse said:
    An address is not your personal details.   You do not own your address.

    You might own the building situated at "your" address, but you do not own the address itself.  It is publicly available information.

    This has been explained to you very clearly, multiple times, by multiple different people.   Which bit are you struggling to understand?

    Would it help if we used smaller words?

    Yes, In smaller words - 40 is a number that I do not “own”, but that is “my” age and it belongs to me.

    Likewise, using “my” private address to form a company without “my” consent is against GDPR and potentially fraudulent, hence should be reported to Action Fraud as well. (Context of this thread - it would help if the focus is on it, rather than the poster 😀!)

    Hope the above is easy to comprehend, now?
    What is easy to comprehend is that you don't understand GDPR or what constitutes person data.   None of the links you provided back up your incorrect assertions even slightly, so it appears you either didn't read them, or failed to understand those too.
  • Grumpy_chap
    Grumpy_chap Posts: 17,985 Forumite
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    edited 4 May at 4:56PM
    hpuse said:
    A static address from Royalmail Postcode Address File (PAF) has nothing to do with the context of this post. Ignorance is bliss.

    Once again, just to reiterate my assertion

    If someone has used a personal address (in the context of OP)  without consent to register a company, he has done an act which could be deemed against 
    a) Companies house formation rules
    b) GDPR 

    Feel free to keep challenging the bullbog or bark up the wrong tree😀
    No-one is disputing that the incorrect address for a company breaches companies law.
    The rules are being tightened in this regard:
    https://changestoukcompanylaw.campaign.gov.uk/

    However, this is not a breach of GDPR.
    None of the links that you provided reference GDPR.
    If you wish to keep reiterating your assertion that using an address is against GDPR, why not provide a link to the legislation that supports your assertion (rather than media links that make no reference to GDPR).
    This would then educate the forum in proper facts and we can provide suitably informed comment should the matter arise again.


    hpuse said:
    check the link, below
    It appears  like there are even legal businesses established to claim home address use illegally based on GDPR.
    https://www.accidentclaims.co.uk/gdpr-data-breach-compensation/faqs/home-address-breach-of-uk-gdpr

    Did you read that link?
    That link is nothing about a new business using an address incorrectly.

    That link is about a business who has your name and address linked for legitimate reasons inadvertently sharing your linked name and address to a third party.
    An example would be putting your invoice in a parcel delivered to some third party.  It would be an error.

    Not at all the same as an individual picking a random address to create the registration of a new Ltd Co.
  • hpuse
    hpuse Posts: 1,158 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    hpuse said:
    A static address from Royalmail Postcode Address File (PAF) has nothing to do with the context of this post. Ignorance is bliss.

    Once again, just to reiterate my assertion

    If someone has used a personal address (in the context of OP)  without consent to register a company, he has done an act which could be deemed against 
    a) Companies house formation rules
    b) GDPR 

    Feel free to keep challenging the bullbog or bark up the wrong tree😀
    No-one is disputing that the incorrect address for a company breaches companies law.
    The rules are being tightened in this regard:
    https://changestoukcompanylaw.campaign.gov.uk/

    However, this is not a breach of GDPR.
    None of the links that you provided reference GDPR.
    If you wish to keep reiterating your assertion that using an address is against GDPR, why not provide a link to the legislation that supports your assertion (rather than media links that make no reference to GDPR).
    This would then educate the forum in proper facts and we can provide suitably informed comment should the matter arise again.
    Appreciate this post.  

    So, just to make the matter of GDPR simple & straight forward to the rest of the forum members - it mainly applies to business and their use of “personal data” which not only confines to name or email address, anything that can be linked to identify an individual, which of course an address is.

    If you read OP, it says two things
    a) website has its contact address
    b) companies house has his address (which is now removed)

    Both the above is
     his private home address, so clearly the company has used OP’s home address without OP’s consent knowingly to ‘publish’ and attach to an asset( i.e a website) the company owns. Please note,  registering at companies house may not form an act of publishing information, as this may have been carried out by an individual with his personal credit card.  However, the deliberate act of publishing a contact address on a company website is, so combining these two count,  in my view, is a breach.

    Now to prove whether this is a real breach, only ICO can tell. Since GDPR is relatively a new legislation it still has a lot of leeway for ‘first timer’ cases like these where the website owner gets a chance to make a ‘correction’ (of a clerical error, they will pretend as ) so as long as they do it, it is not construed as a breach.

    Please note, this is the reason why this matter is in the parliament to tighten the current free-run for bogus shell companies to use ‘any’ registration address. GDPR is not the real issue, committing fraud is.


  • Grumpy_chap
    Grumpy_chap Posts: 17,985 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 4 May at 7:45PM
    hpuse said:

    So, just to make the matter of GDPR simple & straight forward to the rest of the forum members - it mainly applies to business and their use of “personal data” which not only confines to name or email address, anything that can be linked to identify an individual, which of course an address is.

    An address on its own is not personal data.
    It is only when that address is linked to an individual.
    In the case of the registration at Companies House, that address is linked to the Ltd Co and (possibly) the Director's / PSC's of the Ltd Co.  Not via the Companies House registration linked to the individual living at the address.

    Your take on the address as being personal data that cannot be linked or used by any other individual or body is impractical.  Just think of the very simple example of a HMO.

    Please do as I suggested upthread and provide the citation to legislation that supports your position on this matter.
    If you are unable to do so then the conclusion has to be that your position on this matter is incorrect.
  • Ergates
    Ergates Posts: 2,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    hpuse said:
    hpuse said:
    A static address from Royalmail Postcode Address File (PAF) has nothing to do with the context of this post. Ignorance is bliss.

    Once again, just to reiterate my assertion

    If someone has used a personal address (in the context of OP)  without consent to register a company, he has done an act which could be deemed against 
    a) Companies house formation rules
    b) GDPR 

    Feel free to keep challenging the bullbog or bark up the wrong tree😀
    No-one is disputing that the incorrect address for a company breaches companies law.
    The rules are being tightened in this regard:
    https://changestoukcompanylaw.campaign.gov.uk/

    However, this is not a breach of GDPR.
    None of the links that you provided reference GDPR.
    If you wish to keep reiterating your assertion that using an address is against GDPR, why not provide a link to the legislation that supports your assertion (rather than media links that make no reference to GDPR).
    This would then educate the forum in proper facts and we can provide suitably informed comment should the matter arise again.
    Appreciate this post.  

    So, just to make the matter of GDPR simple & straight forward to the rest of the forum members - it mainly applies to business and their use of “personal data” which not only confines to name or email address, anything that can be linked to identify an individual, which of course an address is.



    It's not the rest of the forum members who need this explained to them, it's you.  Only you.   Everyone else is correct, you are wrong.

    An address, on it's own, does not identify an individual.
  • hpuse
    hpuse Posts: 1,158 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 4 May at 10:06PM
    An address on its own is not personal data.
    It is only when that address is linked to an individual.


    For the context of this thread and benefit for OP, this should be written as 
    It is only when that address is linked to an individual  or deliberately associating the address to a legal entity without permission or consent can be considered as an act of Fraud, as per Section 1 of the Fraud Act 2006.

    Re: my position on GDPR breach, for the record - there may not be any GDPR ruling yet for misuse or abuse of a random address by fraudster running or registering companies yet. As I mentioned, this is an area that is currently being worked upon for introducing frameworks re: address’ validity, relevance & usage.

    Also, in my view, a public forum such as this should not be used to make encouraging/sweeping statements to potential fraudsters reading these threads - just because there is no law currently preventing UK company registration using a random address. 
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