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Data protection: your rights explained


no junk mail sign on letter boxIt’s an unfortunate fact about the technologically advanced world we live in – hundreds of companies hold information about us, and plenty more can get access to this information. Even when you simply visit a website, that company can collect personal information about you. Remember the first time Amazon recommended you a selection of products and it was stuff you are actually interested in? Scary huh?

While there is very little you can do to stop organisations holding information about you, you can ensure that they use that information properly and do not breach your rights under the Data Protection Act.

Under the Act, organisations that use your personal information must do so fairly, keep it secure, accurate and up to date. You have a right to complain if they fail to do this.

Accessing information

The Act states that you have a right to know exactly what information a company holds about you and you can ask for this information by making a ‘subject access request’ at any time. Some companies may charge you for this information, but all companies must respond to your request within 40 days.

Junk mail and cold callers

Receiving piles of unwanted mail or worse, numerous unwanted calls can be incredibly aggravating but you can do something about it. If the calls or the post come mostly from one or two companies, you can contact them and say you are exercising your right under the Data Protection Act to have your details removed from their mailing lists.

If the calls or junk mail come from a variety of different companies then you might want to sign up for the Mailing Preference Service and/or the Telephone Preference Service.  The Mailing Preference Service is completely free and will remove your address from generic mailing lists used by the industry. It can take up to four months for these services to take full effect, but you should notice a significant reduction in junk mail.

Similarly, the Telephone Preference Service will allow you to opt out of receiving unsolicited marketing calls and is a free service. It will take up to 28 days to take effect.

Your credit file

Data Protection is also important for your credit record. Your credit file lists all the money you borrow, through credit cards, loans etc, and whether you have paid it back on time. You should routinely check your credit file, particularly if you are refused credit, to make sure all this information is correct.

You can access your file for free with a 30 day trial from Experian or Equifax (remember to cancel before the 30 days is up or you will be charged) and if you find any incorrect information you can ask these credit reference companies to put it right.

Even more importantly, this is the best way to ensure you are not a victim of identity fraud, so check all the information thoroughly.

Complaining about a company

If you have concerns about a company using your private information incorrectly and the company itself has failed to address your complaint adequately, you can make a complaint to the Information Commissioner’s Office (ICO). They will investigate your case and in serious instances, order the company to solve the problem. You can see their page about when and how to complain here.

Which? has some great sample letters for making a subject access request or asking a company to stop using your details, here.

{Image: Rupert Ganzer}


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