CIPP-E · Question #134
SCENARIO Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago. Although no one was hurt, Louis has been plagued by texts and calls from a company…
The correct answer is B. Louis has the right to object at any time to the use of his data and Bedrock must honor his. Louis has the right to object at any time to the use of his data and Bedrock must honor his request to cease use. The GDPR states that "where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of…
Question
SCENARIO Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago. Although no one was hurt, Louis has been plagued by texts and calls from a company called Accidentable offering to help him recover compensation for personal injury. Louis has heard about insurance companies selling customers' data to third parties, and he's convinced that Accidentable must have gotten his information from Bedrock Insurance. Louis has also been receiving an increased amount of marketing information from Bedrock, trying to sell him their full range of their insurance policies. Perturbed by this, Louis has started looking at price comparison sites on the internet and has been shocked to find that other insurers offer much cheaper rates than Bedrock, even though he has been a loyal customer for many years. When his Bedrock policy comes up for renewal, he decides to switch to Zantrum Insurance. In order to activate his new insurance policy, Louis needs to supply Zantrum with information about his No Claims bonus, his vehicle and his driving history. After researching his rights under the GDPR, he writes to ask Bedrock to transfer his information directly to Zantrum. He also takes this opportunity to ask Bedrock to stop using his personal data for marketing purposes. Bedrock supplies Louis with a PDF and XML (Extensible Markup Language) versions of his No Claims Certificate, but tells Louis it cannot transfer his data directly to Zantrum as this is not technically feasible. Bedrock also explains that Louis's contract included a provision whereby Louis agreed that his data could be used for marketing purposes; according to Bedrock, it is too late for Louis to change his mind about this. It angers Louis when he recalls the wording of the contract, which was filled with legal jargon and very confusing. In the meantime, Louis is still receiving unwanted calls from Accidentable Insurance. He writes to Accidentable to ask for the name of the organization that supplied his details to them. He warns Accidentable that he plans to complain to the data protection authority, because he thinks their company has been using his data unlawfully. His letter states that he does not want his data being used by them in any way. Accidentable's response letter confirms Louis's suspicions. Accidentable is Bedrock Insurance's wholly owned subsidiary, and they received information about Louis's accident from Bedrock shortly after Louis submitted his accident claim. Accidentable assures Louis that there has been no breach of the GDPR, as Louis's contract included, a provision in which he agreed to share his information with Bedrock's affiliates for business purposes. Louis is disgusted by the way in which he has been treated by Bedrock, and writes to them insisting that all his information be erased from their computer system. Based on the GDPR's position on the use of personal data for direct marketing purposes, which of the following is true about Louis's rights as a data subject?
Options
- ALouis does not have the right to object to the use of his data because he previously consented to
- BLouis has the right to object at any time to the use of his data and Bedrock must honor his
- CLouis has the right to object to the use of his data, unless his data is required by Bedrock for the
- DLouis does not have the right to object to the use of his data if Bedrock can demonstrate
How the community answered
(36 responses)- A11% (4)
- B81% (29)
- C3% (1)
- D6% (2)
Explanation
Louis has the right to object at any time to the use of his data and Bedrock must honor his request to cease use. The GDPR states that "where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing" and that "where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes."3 This right applies regardless of whether the data subject has previously consented to the use of his or her data, or whether the data are required for a legal claim or a legitimate interest. The data subject must be informed of this right clearly and separately from any other information at the time of the first communication with him or her, and must be provided with an easy way to exercise it.2 Therefore, Louis can object to the use of his data by Bedrock and Accidentable for direct marketing purposes, and they must stop processing his data for such purposes as soon as they receive his objection. Louis can also withdraw his consent for any other processing of his data that he has previously agreed to, such as sharing his data with Bedrock's affiliates.
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