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Disabled father repeatedly contacted despite my wishes

  • 10-05-2018 06:26PM
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,005 ✭✭✭✭


    Not exactly the right forum for this, but I wanted to ask this question anonymously, so mods feel free to move to an appropriate place if you wish.

    My father is partially disabled, due to an accident he had several years ago. He is physically fine, but mentally he isn't all there. One instance is that he hates conflict, regardless of how slight, and will agree to anything, even something he doesn't want to do, in order to avoid it.

    As you can imagine, cold callers are a concern, but he knows to hang up on them because he knows they're just trying to sell something.

    One blind spot he has, however, is one particular charity who used to regularly call him to raise money for them. Because it's a charity, he couldn't say no to them, even though he didn't want to do anything for them.

    They are an actual charity, btw, not a scam pretending to be a charity.

    I eventually contacted them, told them the situation, and they said that they understood the situation, and that he wouldn't be contacted again.

    Many months went my without contact, and I completely forgot anything happened. That was until today, however, when he was contacted once again. Fortunately I was at home, and able to intercept the call, but I am absolutely furious that my previous contact seems to have been completely ignored.

    I have contacted them yet again, but my question is this:

    Who do I contact to report this situation? The Data Protection Commission? Or is there some charity oversight organisation that I can also go to?

    The last time it happened I was in contact with the Executive in charge of donations for the charity, and that is who I am in contact with again, but should I also contact someone with a higher position at the charity?

    Thanks in advance for any advide


Comments

  • #2
    Ghekko
    Closed Accounts Posts: 942 ✭✭✭Ghekko


    I had a similar issue with a charity who used to send correspondence to my mother in 3 different names (variants of her name). I wrote and gave them all the reference numbers they had for her and asked them to stop sending correspondence. They didn't. So I wrote a stronger worded letter demanding that they remove all aliases they had created for her and I got a letter back apologising. Never heard from them again.


  • #3
    baby and crumble
    Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭baby and crumble


    At the moment if you mention the new data protection legislation (GRPD) and tell them (or tell your father to tell them, as legally now he is deemed to have capacity to consent unless proven otherwise in each individual
    Scenario) that they do not have permission to call you or to keep any contact details on file.

    I work in the sector and honestly mention GRPD and everyone is ****ting themselves at the moment.


  • #4
    durthacht
    Registered Users, Registered Users 2 Posts: 798 ✭✭✭durthacht


    It sounds like an oversight. Most charities have crappy databases and struggle for skilled staff and volunteers so mistakes happen. I would be certain it's just a mistake.

    I would suggest you write to the charity CEO, explain the situation as you have done here, ask that your dad's details are removed from their database, and ask for proof that they have done so.

    A problem for you is, under data protection law, the organisation (called data controller) are supposed to discuss your dad's (called data subject) affairs only with him. Organisations are not even allowed to discuss their contact with a relative of that adult, unless he is declared not competent. That means they could tell you that they can't discuss this with you. This is standard practice as a relationship between an organisation and an adult is supposed to be confidential in all cases. So if you contact the data protection commissioner they would likely tell you the same - that only your dad can raise this complaint and that you can't act on his behalf unless your dad has been medically certified not responsible.

    So rather than go to the commissioner, I would speak directly with the charity CEO. I would explain your situation, explain that you have asked for this before but they have not complied, explain you understand it's just a mistake, but ask for your dad's details to be removed and for them to send proof to you that they have done so. There are lots of ways they can do that. If that doesn't work you could always go to the data protection commissioner later, but that would likely be a difficult and frustrating route for you I think.

    I hope it works out for you. I know a little about this area <Snip>


  • #5
    Cuddlesworth
    Registered Users, Registered Users 2 Posts: 14,022 ✭✭✭✭Cuddlesworth


    baby and crumble wrote: »
    At the moment if you mention the new data protection legislation (GRPD) and tell them (or tell your father to tell them, as legally now he is deemed to have capacity to consent unless proven otherwise in each individual
    Scenario) that they do not have permission to call you or to keep any contact details on file.

    I work in the sector and honestly mention GRPD and everyone is ****ting themselves at the moment.

    Yep, he will gain the right to be forgotten. And any contact afterwards will show that they did not comply, leading to a complaint with the data protection commissioner and possible fines. Although I expect them to be swamped come June.


  • #6
    qwerty13
    Registered Users, Registered Users 2 Posts: 1,272 ✭✭✭qwerty13


    I’m disgusted by this. It’s a horrible thing to chase/guilt people who’ve opted out, but worse so as you’ve told them why.

    I was getting rather glossy guilt-inducing photos from one charity. Despite me telling them I couldn’t afford to give any more. They sent so many guilt letters that I just stopped giving them anything. I later found out that they sold their mailing list on. I will never ever give a cent to them again.

    It’s just not on OP. You can complain, and rightly so, but what assurances are there that your Dad would not continue to be targeted. I would complain like mad until you get written apologies. I am disgusted by that charity’s behaviour.


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  • #7
    Big Bag of Chips
    Administrators, Society & Culture Moderators Posts: 16,263 Admin ✭✭✭✭✭Big Bag of Chips


    Mod Note
    durthacht, please read this link and the Forum Charter. I have snipped your post.


  • #8
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,005 ✭✭✭✭LegacyUser


    baby and crumble wrote: »
    At the moment if you mention the new data protection legislation (GRPD) and tell them (or tell your father to tell them, as legally now he is deemed to have capacity to consent unless proven otherwise in each individual
    Scenario) that they do not have permission to call you or to keep any contact details on file.

    I work in the sector and honestly mention GRPD and everyone is ****ting themselves at the moment.
    It's GDPR.... General Data Protection Regulation ;)


  • #9
    beauf
    Closed Accounts Posts: 22,457 ✭✭✭✭beauf


    I think GDPR has caused organisations to trawl their databases and they've found loads of old contact information.

    Lots of places have old stores of information that they now need to delete.


  • #10
    orthsquel
    Registered Users, Registered Users 2 Posts: 561 ✭✭✭orthsquel


    I think maybe OP you should speak to someone in Citizens Information....to know where you stand with DP and what applies in your situation.

    Generally an organisation may not take instruction from you, but your father. If your father is not able to provide consent where he has a full understanding of the situation or consequences of any action (or inaction) then generally there needs to be provision made to have an organisation aware of this. I'm not sure how this would be applied in a case of a charity looking for donations, or what impact you tell them not to contact your father actually has, or whether they can accept that from you, without express permissions from your father to provide that (of which, he may not be able to provide).

    I think the best thing for you is contact Citizens Information as to where you stand and what options your father has to get them to stop contacting him. There may be a way to do it without going Ward of Court or Power of Attorney which an organisation may have to refer to their Compliance department to see if they can accept instruction, but I don't know what the actual term for that is. However, Citizens Information may be able to give more information, or refer you to someone that does.


  • #11
    Mitch Connor
    Registered Users, Registered Users 2 Posts: 49,304 ✭✭✭✭Mitch Connor


    qwerty13 wrote: »
    I’m disgusted by this. It’s a horrible thing to chase/guilt people who’ve opted out, but worse so as you’ve told them why.

    I was getting rather glossy guilt-inducing photos from one charity. Despite me telling them I couldn’t afford to give any more. They sent so many guilt letters that I just stopped giving them anything. I later found out that they sold their mailing list on. I will never ever give a cent to them again.

    It’s just not on OP. You can complain, and rightly so, but what assurances are there that your Dad would not continue to be targeted. I would complain like mad until you get written apologies. I am disgusted by that charity’s behaviour.
    Or their was a simple, if unfortunate, oversight that really doesn't require such disgust or outrage.

    OP, talk to the charity again, demand details are wiped a d confirmation of same.


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  • #12
    Persiancowboy
    Registered Users, Registered Users 2 Posts: 355 ✭✭Persiancowboy


    Op...contact the Charities Regulator ph: 01 6331500 (based in George's Dock in the IFSC. They should be able to help....


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