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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61742
Experience:  Qualified Solicitor
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I am a licensed dog breeder in Braintree District Council

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I am a licensed dog breeder in Braintree District Council area. I have just heard from a colleague that BDC put all our contact details on their web site. I have rung BDC to say that I will only allow my e mail address and mobile phone number but they said that it is a requirement that all my contact details are available for anyone researching buying puppies. Of course this will also apply to those shady characters looking for the whereabouts of breeding bitches to steal! I have asked an ex very senior policeman friend who says that it is now illegal for my details to be given out without my permission. Is this correct, if so what can I do about it?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: England
JA: What steps have you taken so far?
Customer: Just to get advice which was to contact the Data Protection Registrar
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Was there a specific policy that sad they can do that, which you were aware of before you supplied these details?

Customer: replied 2 months ago.
No
Customer: replied 2 months ago.
Are you going to be able to advise me?

Thank you. If there was no communication or policy that they were going to release your personal details, they have most likely acted in breach of data protection and you can ask for the immediate removal of your personal details from public view. They could have shared your details if you were officially informed that this was going to happen and you consented to it, for example by agreeing specifically to it, or by joining the organisation on the basis that these were their joining terms. In the absence of any of these, this is most likely a data protection breach.

The General Data Protection Regulation (GDPR), which is the current legislation on data protection and outlines certain principles for data controllers to adhere to when they process an individual’s personal data. If a party has acted in contravention of the GDPR, the person whose rights have been breached could potentially take things further and even seek compensation for damages.

The first step is to consider reporting the alleged breach to the Information Commissioner’s Office (ICO). They are the regulatory body that deals with data protection breaches and have certain powers at their disposal to deal with them, such as fines and sanctions. However, they will not award compensation to the victim so the only way to try and do this is by going through court.

What the ICO can do, if a breach is reported to them, is order the company to do the following:

- impose a temporary or indefinite ban on the processing of data

- force them to comply with your request

- provide any required information

- warn and admonish

- order rectification, erasure or destruction of specific data

In addition, they can impose severe financial penalties and fine the company in breach.

If the victim wanted to take formal legal action, they may do so under Article 77 of the GDPR. There is no need to show that financial losses have been suffered and compensation can be sought for mere distress caused by the alleged breach. The level of compensation will depend on the severity of the breach and the effects it has had on the victim.

Does this answer your query?

Ben Jones and 6 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you. Have now spoken again to the Licensing officer at BDC. He now says he knows why I am concerned, my license is due for renewal next March and he will then ask me to sign a form! Until then my details should not appear on their website. Thank you for your advice, I am still very worried, I want to stay right side of the law but the security of me and my dogs is paramount

You have done what you can for now and at least they have removed your information