Breach of DP Act

[dave]

Hey all, wondering if anyone could offer any advice.

I've been real busy of lately, and forgot to pay my internet bill (oops!) and despite having several reminders, put it down to one of those things I'll get round too.

Now, the ISP took matters into their own hands, and tried to "guess" my email address in order to contact me. They ended up threatening to take someone to court, and also sending them every contact detail they had about me, such as phone number, address etc. This resulted in my parents receiving a very threatening and abusive phone call from the person concerned as they thought I'd stitched them up.

I'm very concerned that my ISP has breached the DP Act in forwarding my contact details onto somebody they shouldn't have. They have even written to me telling me they have tried to email me at the address that

1) Is not mine
2) I have not given them.
3) They already have a valid email address for me that they send invoices to.

I'd like to make a complaint about this so could anyone recommend a good starting point. Maybe the ISP itself or a regulatory body?

 

[dysfunction]

This might be of some help to you:

http://www.informationcommissioner.gov.uk/

 

[Cask]

Can you tell us which ISP or should I not ask? I wanna know now.

 

[Will]

That's a breach of the DPA. I can tell you that straight off.

Its not the ISP I work for, is it?

 

[Furr]

Sounds like a bad breach of the DPA, they have divulged your personal information which they have a duty to protect to unrelated parties. If anything the employee who sent the email should get fired and you might be able to get some sort of compensation as they have done a naughty naughty thing.

 

[Gray]

Hmm, usually Reminder emails/letters arent done by a specific person, its more of an automated message i suppose which would get sent out to the customer.

Complaints usually start at the bottom and work up, i think this is a bit more than a Customer Service issue though, so id suggest speaking to a manager, or sending in a written complaint to the complaints address (Not the head office...) for them to investigate.

If you have no luck then after all this, then maybe an enquiry with OFCOM.

Maybes

 

[Tilda]

Its a pretty blatant breach of the DPA.
Your initial complaint should be to the company though, I think.
You should be able to get some compensation for the emotional stress of the phone call from the scary man.

 

[yaruar]

Its a pretty blatant breach of the DPA.
Your initial complaint should be to the company though, I think.
You should be able to get some compensation for the emotional stress of the phone call from the scary man.

I would complain to OFCOM as well, if not instead of.

I wonder if it was bulldog, sounds like exactly the kind of thing they would do

 

[Scouse]

TBH - It's such a blatant act of abuse of the DP act I'd be tempted to bypass OFCOM and go to straight to Lawyer (keep the threat of going to the press in your pocket).

There's a lot of money to be made from your situation. And the person they emailed the details to. You want to ring them and get them on your side.

And if anyone thinks that's mercenary - it's absolutely the correct course of action. Companies understand money - and if it costs them a lot of money maybe they'll take better care with all our data in the future.

 

[Lazarus]

Its a pretty blatant breach of the DPA.
Your initial complaint should be to the company though, I think.
You should be able to get some compensation for the emotional stress of the phone call from the scary man.

sorry, but I couldnt help laughing at your assumption (which may be correct, but never specifically stated) that the person making the call was a man.

surely a breach of PC

 

[inactionman]

Talking to a lawyer would be a waste of time, all prosecutions for DP crimes are done by the Information Commissioner, and they'll do it free of charge. All a lawyer would probably do is refer it to the info commisioner and charge you for the privilege.

The info commissioner may try to arbitrate a compensation package first though (don't expect too much, as losing a previously looked after child's social services file is only about £10k).

 

[old.user4556]

DP crimes

Sounds like something Wij has been up to.

/laughs like Beavis and Butthead

Am I the only person to have read that as "double penetration crimes?"

 

[Addlcove]

fraid not

 

[Krazeh]

Talking to a lawyer would be a waste of time, all prosecutions for DP crimes are done by the Information Commissioner, and they'll do it free of charge. All a lawyer would probably do is refer it to the info commisioner and charge you for the privilege.

The info commissioner may try to arbitrate a compensation package first though (don't expect too much, as losing a previously looked after child's social services file is only about £10k).

The Information Commissioner doesn't get involved in compensation claims under the DPA, it's an individual right given under section 13 and it's down to you to pursue that through the courts. You should also be aware that a breach of one of the DP principles, which would at first glance seem likely here, is a civil matter rather than a criminal offence.

Your first action should be to raise it as a formal complaint with your ISP and get a written response as to why they made the disclosure they did and what internal procedures they have/are implementing to ensure incidents like this do not occur in the future.