www.iva.co.uk

You may be aware from previous posts that I took up a complaint about the Insolvency Register and various bankruptcy companies with the Data Commissioner.

In sum my complaint (17 pages)was, having received various marketing emails from bankruptcy companies, I had not consented to the use of my information for that purpose, it had breached my rights under the Data Protection Act by the use of information for that purpose and the Insolvency service were not entitled to allow my information to be made available for marketing purposes (i.e the information should carry such a restriction or be limited or take measures as to prevent such use).

In sum my complaint has not been upheld by the Data Commissioner :

'As a result of entering an IVA, there is a statutory requirement for my details to be entered on the register (this was uncontested by me). As a result of that process some of the the rights to which I would normally be entitled to under the Data Protection Act become 'exempt'. One of those rights which I am no longer entitled to exercise is the right for me to limit what my information can or cannot be used for !!!!!!!.

The Commissioner has simply suggested that In future I write to any such company asking them not to contact me (but I cannot demand it ???)

I have six days off now and intend to appeal so any ideas would be welcome.( I shall meanwhile be intently studying the various harassment laws)

I dint mean to put it in capitals - I am not shouting!!!


I've changed it for you.[:)]

Thanks Vikki.

You will not be able to make representations that your information ought not to have been put on the register, or objected to it - unless you have very good reasons (battered wife living in refuge for instance), so I cannot see why the Commissioner suggest this as a solution.

Its a good point mel, I didnt and don't object to the information being on there, I can see and fully accept why it should be and should be allowed to be used for a wide range of purposes (prevention of fraud, credit reference, financial checks etc).

What I cannot see is why the information needs to be or should be allowed to be able to be used for 'marketing purposes'.

As far as I see it, yes, people, business etc should be able to use and have sight of it it to assess me if I am asking or applying for something but I dont think that it is a legitimate use of the register for the purposes of seeing if they can 'flog me something'.

I completely agree with you - and why the authorities in England and Wales feel that this is right, compared to Scotland and Northern Ireland (where I also practice) ought to be protected beggars belief. Make sure you use this comparison in your objection as well.

Hi Greedfighter
Good luck with your appeal.
I would question why you are exempt from the data protection act regarding how your info is used.
Regards