request to remove data

anothernick

If an employee or service provider us to work with my company and I know wish to send them a letter to remove any of our company's private data is there any law regarding to data protection I can quote?

Have done a few googles and notting solid is coming up.

Thanks for your help.

ray

industrialhorse

Get in touch with the DPC - https://www.dataprotection.ie/viewdoc.asp?DocID=4

Is that company holding any personal data or is it data related only to the company itself?

AnCatDubh

if it's corporate data (related to a business) then data protection legisation won't apply as it only refers to personal data.

If it is personal data then the following are the data protection *rules* which are often quoted;

They must:

Obtain and process the information fairly
Keep it only for one or more specified and lawful purposes
Process it only in ways compatible with the purposes for which it was given to you initially
Keep it safe and secure
Keep it accurate and up-to-date
Ensure that it is adequate, relevant and not excessive
Retain it no longer than is necessary for the specified purpose or purposes
Give a copy of his/her personal data to any individual, on request.

<above from data protection commissioner's website>

Potentially (if it is indeed personal data) you may have a argument in terms of them retaining it no longer than is necessary for the specified purpose or purposes.

So for example, if it was a contractor working for a company, the contractor may be able to assert their rights under data protection legislation to have a company remove their personal data should they no longer have legitimate purpose in retaining it. However if for example, the company in question successfully argued that the company required certain information for example for taxation/revenue purposes then they would be within their rights - infact probably obliged to - retain this information for whatever the prescribed period is. If however, the company just wanted to hold the information without a reasonable reason for doing so then you could have a good row with them and lodge a formal complaint with the data protection commissioner.

The office of the data protection commissioner are very approachable and friendly people. Give them a ring. That's what they are there for.

Manach

My understanding is that personal data is distinct from company private data. The former is that which can identify an individual and is view under human right law whilst the latter seems more a copyright issue. If the last is more in effect, then it might be worth mentioning that as well.

mneylon

You also need to bear in mind that the "rights" are not absolute.

And as others mentioned, there's a big difference between "personal" and "corporate"

Have a read over the DPA's site - they've got all the relevant legislation, FAQs etc.,

At the moment a lot of the data privacy legislation at an EU level is in a state of flux so expect it to all change quite a bit in the coming months and years