18 March 2021 -Unsolicited Phone Calls and Data Protection

Dear Member,

After recent events that comprise of WimPen’s illegal use of the Club’s Register of Members I sought expert legal advice.  The question I put was, “If the member does not complain are they accepting the right of WimPen contacting them?”  The advice is as follows and is verbatim.

Can I suggest that owners reply with:

“I refer to your [phone call/letter/email] dated xxx.  My personal data was provided to the Committee of Club Los Claveles only for use in connection with administration of my Club membership. Any other use of my personal data is unlawful. In addition, Wimpen Leisure Management SA ceased to be the Club administrator on 2 May 2017. Wimpen has no legal right to access or use the personal data I provided to the Club. By accessing or using the personal data of Club members, such as me, Wimpen is breaching the GDPR and acting illegally.

If Wimpen holds my personal data in connection with the DOA, the law requires Wimpen only to use that personal data in connection with administration of the common parts of the resort. Using it for any other purpose is illegal. In particular, using that personal data to pressure Club members into signing requisition letters in support of Mr Barrow’s campaign to remove the Committee from office is not a permitted purpose.

I will be making a formal complaint to the AEPD.  Wimpen’s illegal use of my personal data is causing me distress. I require Wimpen to cease using my personal data immediately.”
Albert Fletcher
Chairman, Club Los Claveles

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