My guess is that an individual citizen of an EU member state wishing to
enforce their rights in another member state would be best advised to refer
directly to the European Directive which is the source of the individual's
rights. National legislation merely implements this but where there may be
confusion or a conflict of laws my understanding is that the Directive takes
precedence.
regards,
Kevin Broadfoot
IS Adviser
Business Link London North, 312 High Rd., Tottenham, London N15 4BN
tel 020 8376 6262 fax 020 8376 623
> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 26 January 2001 11:06
> To: [log in to unmask]
> Subject: Non UK Rights - just checking!
>
> Dear list,
>
> Just checking my understanding.
>
> If all of my marketing activities are focused on, say the Republic of
> Ireland, my database will hold lots of information about Irish citizens.
>
> My marketing activities are carried out from sunny Cambridge, so I am a UK
> data controller.
>
> If an Irish citizen complains about my marketing activity, or wants to opt
> of direct marketing etc. would they use individual rights afforded them
> under UK National law (DPA 1998, Part II Section 11), or would they seek
> rights afforded them under Irish law (DPA 1988)?
>
> Duncan S Smith
> Principal Consultant
>
> e-mail: [log in to unmask]
> gsm: +44 (0)777 556 8180
>
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