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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Sirs My data was mistakenly used in the past as a director

Customer Question

Dear Sirs
My data was mistakenly used in the past as a director of freehold company. I have never agreed to be a director and my data was used without my permission. It took me over a month to remove the data from the company check website, but the data has been copied and published by the company director check website. There is no contact details on that website and the only way to contact them is facebook. I have sent messages to the company director check website in relation to the problem, but have not received any reply.
I do not wish my private data to be published on the internet, especially that it is incorrect. How can I resolve this problem?
It seems absurd that my data can be so easily published without my permission, but it takes over a month to remove it by the company, which originally published it and it is is impossible to remove it from another website.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
JACUSTOMER-8kcwwaun- :

How can I remove the data from the company director check website?

Alex Watts : You need to write formally and ask then to remove it and say if they do not you will make an application to court, keep a copy of the letter and make sure you send it recorded delivery,
Alex Watts : You are seeking an order pursuant to section 14 of the Data Protection Act 1998 that they block and or destroy any incorrect data held about you.
Alex Watts : The court will issue the claim and they will send you and the defendant a copy of the claim and they will have a limited time to defend it.
Alex Watts : If they do contest it then the matter will be set down for a hearing and a judge will decide whether to make an order.
Alex Watts : Section 14 states
Alex Watts : (1)If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
Alex Watts : Where the court—(a)makes an order under subsection (1), or(b)is satisfied on the application of a data subject that personal data of which he was the data subject and which have been rectified, blocked, erased or destroyed were inaccurate,
Alex Watts : If a court is satisfied on the application of a data subject—(a)that he has suffered damage by reason of any contravention by a data controller of any of the requirements of this Act in respect of any personal data, in circumstances entitling him to compensation under section 13, and
Alex Watts : Or you could also complain to the Information Commissioner whose website is at www.ico.gov.uk
Alex Watts : That process could take longer though.
Alex Watts : But write and then go to court if the data is still showing.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-8kcwwaun- :

How can I write to them formally, if they do not give details of their company/website.

Alex Watts : if you do a lookup which is called who is it tells you who owns the domain and their details.
Alex Watts : Google search who is lookup.
Alex Watts : Does that help?
JACUSTOMER-8kcwwaun- :

I really looked carefully but cannot find any information about the owner of the company

Alex Watts : What is the website?
JACUSTOMER-8kcwwaun- :

companydirectorcheck.com

Alex Watts : Thanks. They appear to be a foreign company therefore you should go via the Information Commissioner.
Alex Watts : Does that he,p?
Alex Watts : help?
JACUSTOMER-8kcwwaun- :

How long, do you think, it might take?

Alex Watts : I don't know, it's a government department so could be a couple of months sadly.
JACUSTOMER-8kcwwaun- :

Thanks

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
JACUSTOMER-8kcwwaun- :

I have contacted the Information Commissioner but they said that if a company is registered in a different country the UK law cannot do anything about it

JACUSTOMER-8kcwwaun- :

If the Information Commissioner cannot do anything about it, your advice was not very helpful. They advised me to contact facebook. It sounds like a joke.

Alex Watts :

You said this is a website not that it is on facebook, is that right?

JACUSTOMER-8kcwwaun- :

It is a website (www.companydirectorcheck.com) that has a link to the facebook. I wrote in the first paragraph of my enquiry that the only way to contact them is facebook but they do not respond to the messages. Is there a way to ask facebook about revealing the address of the company? However, if the company is not registered in the UK, what can be done?

Alex Watts :

FB don't have a UK Office so sadly you would need to get a Court Order in the USA requiring that they disclose it.

Alex Watts :

There is some good news though

Alex Watts :

The Company is registered in the Czech Republic

Alex Watts :

This means they are based in the EU.

Alex Watts :

They are hosted by a Company in the Czech Republic too.

Alex Watts :

What this means is that because they are in the EU, UK Judgments can be enforced.

Alex Watts :

You can issue proceedings (as I highlighted above and using the same process) against either / or both the Hosting Company and Website owner as well

Alex Watts :

If you go to: DANGEROUS URL REMOVED

Alex Watts :

You will see the domain name registreant

Alex Watts :

If you go to; DANGEROUS URL REMOVED

Alex Watts :

You will see the hosting company

Alex Watts :

I would suggest that you first obtain an order for the Hosting Company to disclose the registrant details and can then make an application once you have that pursuant to Section 14

Alex Watts :

As the country is within the EU the Court Order can be enforced there.

Alex Watts :

Can I clarify anything about this for you?

Alex Watts :

Sorry the system wont let me put the URL

Alex Watts :

But the Who is URL is: http://www.whois.com/whois/

Alex Watts :

You can then go and lookup the domain name and the hosting company

Alex Watts :

The domain host is: GRANSY.COM

Alex Watts :

Lookup them and you can see their address to serve proceedings.

Alex Watts :

Does that help?

JACUSTOMER-8kcwwaun- :

When I try to google DANGEROUS URL REMOVED, it does not come up clearly. Is it a website?

Alex Watts : Sorry the system removes it
Alex Watts : It's www.whois.com/whois
Alex Watts : Put in companydirectorcheck.com
Alex Watts : You will see it is hosted by gransy.com
Alex Watts : you can check both details on the above who is.
Alex Watts : Is that ok?
JACUSTOMER-8kcwwaun- :

I e-mailed the company, but my e-mail was rejected

Alex Watts : Don't email it is by letter international signed for.

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