Direct marketing by hotel (2021-05-12)

Summary

This is a published case summary from the Cayman Islands Ombudsman describing an informally resolved data protection complaint involving direct marketing emails from a hotel. It illustrates how the Ombudsman applies the Data Protection Act's direct marketing provisions rather than creating new rules itself.

• Complaint: An individual repeatedly tried to unsubscribe from a hotel's email marketing but continued receiving messages, and direct contact with the hotel failed to resolve the issue.
• Legal basis cited: The Data Protection Act gives individuals an absolute right to require, in writing, that a data controller stop (or not begin) processing their personal data for direct marketing purposes.
• Outcome: The Ombudsman's office contacted the hotel's parent group privacy office, which removed the complainant's email from its mailing list, confirmed the unsubscribe function was working, and undertook to prevent recurrence; the case was closed with no further action.

The notice is informational, recording how a specific complaint was resolved, and does not itself impose new obligations beyond confirming existing Data Protection Act requirements on direct marketing.

Key obligations

• Data controllers must cease (or not begin) processing an individual's personal data for direct marketing purposes once the individual requests this in writing, as required under the Data Protection Act.
• Data controllers should ensure unsubscribe mechanisms in marketing communications function correctly and honour opt out requests promptly.

Applies to

data controllers, hotels/businesses engaged in direct marketing