Amazon Third-Party

Ask them?

Have you reported them to Amazon?
 
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MrBillyBenson

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They are harassing I highly doubt they will tell you who they are.

OP: When you say harassing, do you mean it's another seller causing you problems and if so what are they doing?

Cheers.

I have received products to my name and address that was not ordered by me, or by anyone or any organisation made known to me (and that is the first time in over 20 years of using Amazon). I believe it is malevolent but I cannot find a way of finding who and/or what. I contacted Amazon and they replied "we cannot tell you the identity of a third party".
 
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fisicx

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What sort of products? Some overseas sellers send out low cost items to boost credibility with Amazon.

Just chuck the stuff in the bin and carry on
 
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prophet01

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I contacted Amazon and they replied "we cannot tell you the identity of a third party".
@MrBillyBenson
This is simply wrong.

Article 15(1)(c) of the GDPR requires that you be provided with the recipients or categories of recipient to whom your personal data have been disclosed.

If, as it appears, you specifically requested to be informed of the recipients then Amazon are legally obligated to provide you with that specific information unless they rely on an exemption of which they must inform you.
 
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prophet01

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@DontAsk
Quite right. I was fixated solely on the response by Amazon in refusing to disclose the identity of the third party.

In which case Article 15(1)(g) could be relied upon.
"where the personal data are not collected from the data subject, any available information as to their source".

The personal data being the order submitted by the third party to Amazon and processed by Amazon.
 
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fisicx

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Well someone entered my name and address into the Amazon system (website), for me to receive the package from Amazon.
Probably from a list they brought on the dark web.
 
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MrBillyBenson

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@DontAsk
Quite right. I was fixated solely on the response by Amazon in refusing to disclose the identity of the third party.

In which case Article 15(1)(g) could be relied upon.
"where the personal data are not collected from the data subject, any available information as to their source".

The personal data being the order submitted by the third party to Amazon and processed by Amazon.
That is great. I will go back to them. But if you have ever dealt with Amazon, they are like robots and stick rigidly to their procedures. If you ask a question "A", they just ignore it and give you their procedures "1 to 9".

Eventually, they will have to address 15(1)(g), thanks.
 
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fisicx

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And if they do provide the information what are you going to do with it? Especially as the sender is likely to be outside the UK.
 
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prophet01

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...Eventually, they will have to address 15(1)(g), thanks.
Exactly, or leave themselves open to judicial remedy.

To dissuade them from continuing to play silly buggers I would write to Amazon something like this:

Regarding my subject access request of [DATE], Article 15 GDPR sets out the information you are required to provide which your response of [DATE] clearly failed to do.
Please provide your proper response without further undue delay.
Such correspondence fulfils a several objectives:
  • It demonstrates to Amazon that you're aware of your information rights, which should concentrate their minds to provide the information requested.
  • It confirms that your request was a SAR, not that you need to state it, and sets to record that confirmation to Amazon should you need to demonstrate it to third parties e.g. a judge, further down the line.
 
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prophet01

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And if they do provide the information what are you going to do with it? Especially as the sender is likely to be outside the UK.
If I received unsolicited products I'd, firstly, want to know who sent them and why.
I'd, secondly, want to know from where they obtained my personal infomation.

As I'm sure you're aware, the GDPR applies outside of the UK so can be used to attempt to obtain that information from the sender.
 
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fisicx

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If I received unsolicited products I'd, firstly, want to know who sent them and why.
I'd, secondly, want to know from where they obtained my personal infomation.

As I'm sure you're aware, the GDPR applies outside of the UK so can be used to attempt to obtain that information from the sender.
As has already been stated, this practice is commonplace and used by Chinese sellers to boost their ratings. Personal information can easily be purchased on the dark web.

Even if you get the info from Amazon it will just the name of an agent in China who will be uncontactable.

And what exactly would you do with this info? Sue them? Claim damages?
 
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prophet01

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As has already been stated, this practice is commonplace and used by Chinese sellers to boost their ratings. Personal information can easily be purchased on the dark web.

Even if you get the info from Amazon it will just the name of an agent in China who will be uncontactable.

And what exactly would you do with this info? Sue them? Claim damages?
My interest here is purely to help the OP to compel Amazon to comply with their legal obligations to provide the requested information, being the point of this thread.

Whether or not the sender of the unsolicited products is "just the name of an agent in China who will be uncontactable" is yet to be established. This will inform the OP of their possible options.
 
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fisicx

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UKSBD

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    Bloody hell Graham, use your imagination.

    One option could be to do nothing, regardless of the information which he will get from Amazon.

    It's really up to the OP to consider once he gets the information.

    If I order a surprise present for someone of Amazon and have it delivered to them.

    Are Amazon obliged to tell the person who ordered it?

    What about my privacy?
     
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    UKSBD

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    The OP submitted a SAR. Didn't you read the whole thread?
    You appear to be the only one who mentioned a SAR, the OP has never mentioned submitting one

    From my reading of the thread

    Someone ordered a product of Amazon and had it delivered to the OP

    The OP wants Amazon to tell him who ordered it.

    What is the difference between that and my scenario?
     
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    prophet01

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    You appear to be the only one who mentioned a SAR, the OP has never mentioned submitting one
    Such correspondence fulfils a several objectives:
    • It demonstrates to Amazon that you're aware of your information rights, which should concentrate their minds to provide the information requested.
    • It confirms that your request was a SAR, not that you need to state it, and sets to record that confirmation to Amazon should you need to demonstrate it to third parties e.g. a judge, further down the line.
    "not that you need to state it"

    The OP submitted a SAR.

    You didn't mention anything about your recipient requesting to be informed of who sent the product.
     
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    prophet01

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    @MrBillyBenson
    ...In which case Article 15(1)(g) could be relied upon.
    "where the personal data are not collected from the data subject, any available information as to their source".

    The personal data being the order submitted by the third party to Amazon and processed by Amazon.

    That is great. I will go back to them. But if you have ever dealt with Amazon, they are like robots and stick rigidly to their procedures. If you ask a question "A", they just ignore it and give you their procedures "1 to 9".

    Eventually, they will have to address 15(1)(g), thanks.
    Please do report back on the response you get from Amazon.
    It's of particular relevance for me.
     
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    I'd, secondly, want to know from where they obtained my personal infomation.
    What makes you think they got it from Amazon? Open a phone book and stick a pin in it (or the modern version)....
     
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    fisicx

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    Eh? You've completely lost me.
    The OP wanted to know how this random seller obtained their name and address. The answer is: they brought a list. Easy to obtain from any number of dodgy websites.
     
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    UKSBD

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    The OP wanted to know how this random seller obtained their name and address. The answer is: they brought a list. Easy to obtain from any number of dodgy websites.

    I could be wrong, but from my reading of the thread, he doesn't particularly want to know how the sender got his address, but he wants Amazon to inform him who the sender was.

    It seems worrying to me if Amazon are obliged to give out that info.
     
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    prophet01

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    The OP wanted to know how this random seller obtained their name and address. The answer is: they brought a list. Easy to obtain from any number of dodgy websites.
    The OP firstly wanted Amazon to inform him of the identity of the sender of the unsolicited goods.

    I've shown him how to compel Amazon to provide that information.
     
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    DontAsk

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    What you said was:

    [USER=367345]@MrBillyBenson[/USER]
    This is simply wrong.

    Article 15(1)(c) of the GDPR requires that you be provided with the recipients or categories of recipient to whom your personal data have been disclosed.
    There is no evidence that the OPS personal data was disclosed by Amazon. They could easily get it (i.e., name and address) from elsewhere.

    And then:
    @DontAsk
    Quite right. I was fixated solely on the response by Amazon in refusing to disclose the identity of the third party.

    In which case Article 15(1)(g) could be relied upon.
    "where the personal data are not collected from the data subject, any available information as to their source".

    The personal data being the order submitted by the third party to Amazon and processed by Amazon.
    An order submitted to Amazon by a third party is not the OPs personal data.

    You've also agreed that Amazon cannot be compelled to reveal the identity of someone ordering a surprise gift.

    Sorry, but Amazon are not in the frame here. They do have a reporting mechanism as it does affect their reputation.
     
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    fisicx

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    The OP firstly wanted Amazon to inform him of the identity of the sender of the unsolicited goods.

    I've shown him how to compel Amazon to provide that information.
    Amazon is under no obligation to do so. The name of the sender is not personal information so GDPR doesn’t apply
     
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    prophet01

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    There is no evidence that the OPS personal data was disclosed by Amazon. They could easily get it (i.e., name and address) from elsewhere.
    I agree and acknowledged that in the second quote you quoted.

    An order submitted to Amazon by a third party is not the OPs personal data.
    It most certainly is when it contains their name and address.
    "1. ‘personal data’ means any information relating to an identified or identifiable natural person".

    You've also agreed that Amazon cannot be compelled to reveal the identity of someone ordering a surprise gift.
    Er, where did I agree such a thing?
    I've not only stated completely the oppposite but indicated where the legal requirement can be found.
     
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    fisicx

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    Which means Amazon at best will just need to confirm they hold the name and address of the recipient. They are not obliged to pass on the name of the sender.
     
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    prophet01

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    The OP firstly wanted Amazon to inform him of the identity of the sender of the unsolicited goods.

    I've shown him how to compel Amazon to provide that information.
    Amazon is under no obligation to do so. The name of the sender is not personal information so GDPR doesn’t apply
    Presumably you meant to say the name of the sender is not the personal information of the OP...
    Well of course it isn't. No one's saying it is.

    I refer you yet again to Article 15(1)(g) GDPR setting out an organisation's statutory obligation in respect of providing requested information.
     
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