[ubeenframed]

Originally Posted by BrianD

But they didn't have the same name as you and you knew that. If your wife saw it she would also come to the same conclusion. The results are for a person with a similar name. There is no harm done to you whatsoever.

The doctor was very careless though as in half the stuff addressed to me comes under that name due to people taking it down wrong. Great care should be taken when transmitting test results so that it goes to the correct recipient.

They actually did have the same name almost. When I say similar the difference would be like not having a fada in Sean. If they were for someone else clearly then I would not have got upset obviously.

[Our man in Havana]

Cover ups are what has made Ireland the way it is.

[tricky D]

Originally Posted by ubeenframed

So you don't believe that the sender should get in any trouble so they don't make the same mistake again ???

I see that this forum is called Legal Discussion. No one interested in the law here ???

And what if it's not the senders fault? The client might have filled in their email address incorrectly.

You are making a mountain out of a molehill over what is an accidental mistake and which ultimately doesn't effect your health at all.

You were also asked to delete it but instead you did further investigation first so some of the perceived distress was caused by your own, no one else's, further actions, including Googling!! And you still haven't deleted the information which is not yours and private to someone else!!

[ubeenframed]

Originally Posted by ResearchWill

In relation to the first point you have contacted the Data Commissioner and he will do what is necessary.

While in general getting someone elses results would not cause distress, in this situation it may, if the results said for example positive for HIV then that may cause shock. If you feel you have suffered shock see a doctor, prob best to go to another one.

But you should have done what the doctor asked and deleted the e-mail without reading it.

While such errors should not happen and all possible systems should be put in place to ensure it never happens again, to err is human to forgive devine.

"But you should have done what the doctor asked and deleted the e-mail without reading it. " The results are in the first paragraph of the email. I read the email as I thought it was for me. I do get lots of tests done like for blood pressure so I do from time to time get results by email like my HDL's are blah or clorlestrol level is blah. I only knew that the email was not for me after speaking to the doc and him asking me my DoB.

[BornToKill]

Originally Posted by ubeenframed

So you don't believe that the sender should get in any trouble so they don't make the same mistake again ???

I see that this forum is called Legal Discussion. No one interested in the law here ???

Pretty interested in law. Not very interested in seeing someone persecuted for making a small mistake.

[ResearchWill]

Originally Posted by ubeenframed

"But you should have done what the doctor asked and deleted the e-mail without reading it. " The results are in the first paragraph of the email. I read the email as I thought it was for me. I do get lots of tests done like for blood pressure so I do from time to time get results by email like my HDL's are blah or clorlestrol level is blah. I only knew that the email was not for me after speaking to the doc and him asking me my DoB.

My bad I misread your post, with the "I went back to the e-mail" as I said we all err.

[NoQuarter]

Go to a solicitor and try say you have psychiatric damage or some other lie, "distress", give us a break!

I hope you take the action and get costs against you because it is what you deserve.

[ubeenframed]

Originally Posted by tricky D

And what if it's not the senders fault? The client might have filled in their email address incorrectly.

You are making a mountain out of a molehill over what is an accidental mistake and which ultimately doesn't effect your health at all.

You were also asked to delete it but instead you did further investigation first so some of the perceived distress was caused by your own, no one else's, further actions, including Googling!! And you still haven't deleted the information which is not yours and private to someone else!!

If it was the clients fault then that needs to be found out too. No law against goggling someone's name.

Best practice would be from my research that results should not be sent by email. At very least the person should be taken to a site where they have to enter their DOB and mother'd maiden name or something. The process is flawed.

[ubeenframed]

Originally Posted by NoQuarter

Go to a solicitor and try say you have psychiatric damage or some other lie, "distress", give us a break!

I hope you take the action and get costs against you because it is what you deserve.

So you believe its not stressful to be getting such a mail that says you could have an STD from a valid hospitial.

PS: There is no win, no fee option.

[tricky D]

Originally Posted by ubeenframed

No law against goggling someone's name.

Under the circumstances, it seems to me to be disrespectful of their privacy.

[ubeenframed]

Originally Posted by tricky D

Under the circumstances, it seems to me to be disrespectful of their privacy.

You need to look up the definition of the word. If someone has a online profile that they have put in the public domain then if you find it via google then this is not a breach of their privacy I am sorry to say and who honestly would not google the person's name really. Its not like I am talking to anyone about this person or blogging about it.

[NoQuarter]

Originally Posted by ubeenframed

So you believe its not stressful to be getting such a mail that says you could have an STD from a valid hospitial.

PS: There is no win, no fee option.

If you find someone who will take that case on a no win no fee basis I will give up my legal career and open a sun cream shop in Ireland.

Yes I'd say that was stressful, for maybe 5 minutes. Nowhere near stressful enough to be looking for compensation! You should be ashamed, greedy!

[blueythebear]

Originally Posted by ubeenframed

So you believe its not stressful to be getting such a mail that says you could have an STD from a valid hospitial.

PS: There is no win, no fee option.

I'm not even going to address your incredibly selfish and greedy attitude towards potentially claiming for nervous shock against this Doctor other than to say that you do not have any reasonable prospect of success but of course, you are perfectly entitled to get an opinion from an actual legal expert.

You have been onto the Data Protection Commissioner and presumably complained to that Office. That is as far as you should take it (in my opinion, that's a little too far but it would appear that you were angling for compensation in doing so).

Please note that you are potentially in breach of the Data Protection Acts by storing the email yourself so my suggestion is that you delete the email and leave the matter between the doctor and the Data Protection Commissioners Office.

[coylemj]

Originally Posted by blueythebear

Please note that you are potentially in breach of the Data Protection Acts by storing the email yourself so my suggestion is that you delete the email and leave the matter between the doctor and the Data Protection Commissioners Office.

+1 OP, you never actually told us why you refuse to delete the e-mail, please feel free to enlighten us as to your motives.

You told us the doctor asked you to delete it but you haven't complied - why not?

[Our man in Havana]

Now who is in breach of the DPA?