Paul:
Regards Points
1: It appears to be personal data. But this is not the same as saying
Railtrack are not allowed to disclose. Specifics would have to be checked
e.g. What is the basis of Railtracks holding and disclosing.
2: If damage and distress has occurred due to any disclosure Railtrack make
in breach of DPA principles and non-disclosure exemptions then compensation
claimable by Mrs A through instigating a court case
3: It seems likely the be a breach of accuracy principle if the tenacy fee
data is personal data which is meant to relect the figure paid by Mrs A. But
again full facts needed to confirm. E.g. If tenancy information on paper
only which can be catagorised as eligible manual data held prior to 24
October 1998, the controller does not have be compliant with the accuracy
principle until 24 October 2007. Not the case if the data on computer
(likely position but Railtrack do not seem awash with funds to spend on
technology solutions)
The problem with analysing such issues looking in is that you never have a
full picture, if going to court specifics would be needed to decide the
case. Hypothetically if I was Mrs A I would start with raising issues to the
Commissioner under requests for assessment and/or employ a solicitor who
understands the subleties of DPA to take a case direct to court under
alledged DPA breaches, not forgetting transitional positions.
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Paul Couldrey
> Sent: 14 March 2001 09:03
> To: [log in to unmask]
> Subject: Hypothetical Railway
>
>
> Morning All!!
>
> Putting the naughty bank managers to bed so to speak! I have an
> interesting
> hypothetical question based on loose facts. Mrs A is selling her
> house part
> of the garden is owned by Rail track, she has a contract with
> them to lease
> the land for a sum repayable every year. When placing the house on the
> market Mrs A's solicitors wrote to Rail track asking for a
> forecast of costs
> for new tenants of the land, also stipulating that such contract details
> should only be released to themselves, they provided written consent from
> Mrs A for Rail track to provide the details.
>
> Time went by and no response, MR B puts in an offer on the house, a land
> registry search reveals the existence of the tenancy for part of
> the garden.
> Mr B telephones Rail track directly asking for the details of the contract
> with Mrs A (costs etc), Rail track supply the personal details of Mrs A's
> payment plan to Mr B, who promptly pulls out of the sale! Mrs A asks why
> and is told the tenancy fee she pays is too high for Mr B, and infact the
> amount disclosed to Mr B is four times that actually paid!!
>
> 1. Does the information given to Mr B constitute personal data (I
> think so)
> 2. If so is Mrs A entitled to compensation!
> 3. Has Rail track failed to meet the fourth principle of accuracy?
>
> Any suggestions?
>
> Paul Couldrey
> Data Protection Officer
> Wolverhampton City Council
>
> p.s. I'm not selling my house I'm happy where I am, so I'm not Mrs A!!!!
>
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