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data protection

  • 08-12-2009 11:59pm
    #1
    cyberblade 918c
    Registered Users, Registered Users 2 Posts: 193 ✭✭


    Hi folks,

    I would be gratefull if you could give me you opinions on the following incident..

    A financial lending organisation whom I have a loan with phoned my landline the other day and spoke to my son, asking him if the account holder was at home. My son informed the operator that I was not at home to take the call. The operator then went on to discuss the arrears on my account with my son, believing him to be me. After the operator had requested payment from my son (who is 18 btw) the operator realised his mistake. No security questions were asked by the operator.
    I decided to write a letter of complaint, in reply to which I recived a letter asking me to call in to the branch in order to speak to a complaints manager. On my arrival I was left standing at a counter in a public area while two managers basiclly denied this could have ever happened and implied in polite terms that my son must have given the impression that he was I.

    So i'm wondering, is this a breach of the data protection act ? where else can I take this complaint as im not at all happy with the way its been delt with in house.

    Im not seeking compansation, I am just livid at the way they have basiclly implied my son is lying. Its obvious that they didnt have the correct security policys and proceedures in place on the day in question.

    They are now requesting a second meeting with my son present.

    Any opinions please lads and laddies??


Comments

  • #2
    maidhc
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    www.dataprivacy.ie... give them a ring!


  • #3
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    if you wish to frighten them - tell them to contact your solicitor or maybe bring your solicitor along to the next "meeting".... maybe they will take the matter more serious.

    PS. dont they record all calls (for training purposes) ....ask solicitor to request a copy.

    if you dont want a solicitor involved ask them for a copy of the recording yourself - they ALWAYS state that calls are recorded for training purposes.


  • #4
    cyberblade 918c
    Registered Users, Registered Users 2 Posts: 193 ✭✭cyberblade 918c


    maidhc wrote: »
    www.dataprivacy.ie... give them a ring!

    had a quick peek at that site earlier.... ill give them a buzz in the morn.

    cheers !


  • #5
    cyberblade 918c
    Registered Users, Registered Users 2 Posts: 193 ✭✭cyberblade 918c


    PCPhoto wrote: »
    if you wish to frighten them - tell them to contact your solicitor or maybe bring your solicitor along to the next "meeting".... maybe they will take the matter more serious.

    PS. dont they record all calls (for training purposes) ....ask solicitor to request a copy.

    if you dont want a solicitor involved ask them for a copy of the recording yourself - they ALWAYS state that calls are recorded for training purposes.


    bet ya they'll tell me they cant give it to me due to data protection acts !! what a conterdiction that will be lol... ill ask and see..

    thanks


  • #6
    maidhc
    Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    cyberblade 918c wrote: »
    bet ya they'll tell me they cant give it to me due to data protection acts !! what a conterdiction that will be lol... ill ask and see..

    thanks

    No, you should get those.

    I don't want to fall foul of the don't-give-legal-advice rule here, but suffice to say the best you will normally get under the Data protection acts is probably a "moral victory", and the best way to get it is through the office of the data protection commissioner... they are very helpful.


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  • #7
    danash
    Closed Accounts Posts: 93 ✭✭danash


    maidhc wrote: »
    No, you should get those.

    I don't want to fall foul of the don't-give-legal-advice rule here, but suffice to say the best you will normally get under the Data protection acts is probably a "moral victory", and the best way to get it is through the office of the data protection commissioner... they are very helpful.

    You can write to the bank and request a copy of all data held on you to be supplied under the tems of the data protection acts - you should use this form of words as laid out by the data commissioner

    I wish to make an access request under the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, on computer or in manual form. I am making this request under section 4 of the Data Protection Acts.

    You should ask for the recording of the call -it is a data source.

    The bank has 40 days to respond and can charge you a nominal sum ( 5/6 euro) to do this.

    I find it focusses the mind and stops the bluster you encountered in the branch.


    At the end of your letter give them a get out that you would accept an apology fromthe manager who stonewalled you and implied your son was a liar ( if this is all you want )

    Copy the letter to the Compliance department of the bank - call head office and they will tell you who this person is.

    I reckon you will have a call from the branch fairly quickly after sending the letter.


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