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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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What are the requirements re protecting phone numbers/emails

Resolved Question:

What are the requirements re protecting phone numbers/emails addresses of members in private members' clubs
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Essentially, the personal details of members of a private members club cannot be used for any commercial or public purpose. They must be kept confidential. Additionally, the club is a "data controller" within the meaning of the Data Protection Acts and must register so as to be in conformity with the Acts. Additionally, it is unlawful to send any messages to the members which do not pertain to the club. Accordingly, any spam or unwanted messages leave the data controller open to being reported to the Data Protection Commissioner.

Expert:  Buachaill replied 3 years ago.
1. Dear Summie Essentially, the personal details of members of a private members club cannot be used for any commercial or public purpose. They must be kept confidential. Additionally, the club is a "data controller" within the meaning of the Data Protection Acts and must register so as to be in conformity with the Acts. Additionally, it is unlawful to send any messages to the members which do not pertain to the club. Accordingly, any spam or unwanted messages leave the data controller open to being reported to the Data Protection Commissioner.
Customer: replied 3 years ago.
Thank you for that.. My question stemmed from the fact that as secretary of a private club I inadvertently sent an email to all, instead of sending it to self & bcc'ing all - therefore I caused some grief to a few (thankfully very few!) members. I expect it really comes down to the duty of care in tort. However, your reply was very useful as we haven't registered & I'm going to go through the 1988 Act & beef up our procedures.
Many thanks
Summie
Expert:  Buachaill replied 3 years ago.
2. Essentially, once you have the personal details of individual members of the club, you will owe a duty of care in tort both personally and the members club will owe a duty of care to ensure that they are used properly. sending an email to the wrong members breaches this duty of care. So the club might have to give damages to some of these members.
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