The only possible circumstance I can think of where (prior to the helpline's
advice) I can see a small risk is if the parents offer to pay were a fake
offer to discover the amount of debt for some purposes of their own.
However this transaction will be documented by letter to the parents as
follows:
"Thank you for calling today to offer to pay Bloggins Minor's debts. On the
basis of that offer we are able to tell you that he owes £4.57. We're
grateful for your offer to pay and look forward to clearing the account
completely."
This shows clearly why the data has been released to the parents, and should
be filed, along with a transcript of the IC helpline's advice, in Bloggins
Minor's file.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 12 October 2005 12:08
To: [log in to unmask]
Subject: Re: [data-protection] Recovering Debt
I don't think the issues are the same. There has been no bailiff, the
parents have made contact of their own accord, and the organisation has lost
contact with the debtor.
I understand the issues of not providing information, and I would say not to
do it if the organisation was in dialogue with the debtor.
But given this person seems to have "done a bunk", the organisation must be
able to get the debt repaid if repayment is offered in this way and no
harassment has taken place.
We are in danger here of allowing the debtor to hide behind the DPA as a
method of avoiding payment and similarly putting the organisation at a
disadvantage in legitimately recovering debt.
Given what Caroline has said, my strong view is that the DP principles allow
for the collection of the debt as I have mentioned before. The only
information that should be disclosed is the information needed to pay the
debt. So the parents in my opinion should be told that a payment of £xxx.xx
will clear the debt and may be sent to <wherever>.
There have been no bailiffs
There has been no harassment
There has been no contact from the debtor to establish other methods of
payment.
There are allowances in the DPA for debt recovery.
Payment has been voluntarily offered.
Finally - what happens if this payment is not made? Does the organisation
send the bailiffs in to the last known address (probably the parents), where
upon the parents say "...we offered to pay. The Data Protection Act is an
ass."?
Simon Howarth.
------
Mmmm. Methinks a previous IC may have pursued it, as in the following
cases:
"A complaint was received stating that Council Bailiffs had visited the
complainant's parents' house. Whilst there they disclosed full details of
the reason for their visit to the complainant's parents. The Council then
disclosed further details to the complainant's mother during the course of a
telephone conversation. At this time the complainant no longer lived at his
parents'
address. The Council accepted that in this case mistakes had been made and
have taken steps to ensure that this type of disclosure does not happen
again by means of increasing staff training on the Data Protection Act. The
Council have also ensured that the complainant is no longer linked to his
parents' address.
ALSO: A debt collection agency employee made a similar mistake in recent
times, disclosing the details of a man's debt to other family members. The
Agency has been advised to undertake regular annual data protection training
for its staff, not just an induction course on appointment."
Double standards or natural progress considering the current IC's
background?
I wonder what they would tell the data subject if a complaint was received,
particularly if they quoted the above.
Ian B
Ian Buckland
Keep I.T. Legal Ltd
(Reg: 3822335)
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
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Inkersall, Chesterfield
Derbyshire S43 3HP
Tel: 01246 473999
Fax: 01246 470742
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