Last year I made a complaint to the Local Government Ombudsman about my 
local council. Eventually the Council made an offer of £100 which I accepted 
although I paid it to our block freehold company.

I still wasn't satisfied with the response of the Council but I was 
persuaded to take the money - I can't remember what I said but I still 
wasn't satisfied with the Council's performance.

So my Council could do it and so no doubt your council can do the same.

I think that if you are totally open that you made a mistake and that you 
did transgress the Data Protection Principles and whatever - I would also 
make a cash payment.

As with FoI which I am familiar with, the tenant first makes a complaint to 
the Council before the IC. The only problem is that the deed has already 
been done.

You will presumably have to include it on your regular report of complaints 
etc about the DPA. I don't know if there is any kind of log similar to a 
disclosure log for FoI.

Nick Landau

----- Original Message ----- 
From: "Clementine Amawo" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 08, 2006 5:01 PM
Subject: [data-protection] Letter of complaint and DP


Hello all,
Yes its me again (sorry :)

Problem
A member of staff has phoned me to say that a very angry tenant has written
in a letter of complaint due to the fact that he (staff member),  had
disclosed confidential info pertaining to the tenant's housing rent account
to a 3rd party without his (the tenant's) consent.

The story
The tenant had requested for a rent reference from us that was required by
his mortgage lender (tnt is looking at going into shared ownership). The
tenant was informed by staff member that a fee of £50.00 pounds would need
to be paid in order to provide a reference. The staff member also informed
the tenant that it would be in his best interest to clear up his rent
arrears before a reference could be provided as legal proceeding were about
to begin. This the tenant did, and in mid December 2004 the reference was
provided.

Last month, one of the tenant's cheques (payment towards his arrears),
bounces. The staff member then emails the tenant's mortgage lender
informing them of the fact that the tenant is currently being pursued for
rent arrears following a 'bounced' cheque. The email also informed the
mortgage lender that a letter had been sent to said tenant advising him
that our solicitor will be instructed to apply for a possession hearing.

In the tenant's letter of complaint he writes that -

 "....I spoke to my mortgage lender and to my shock and dismay I was
informed that they had received information from (staff member) that they
had neither requested or required"

The tenant is now obviously outraged at this flagrant breach of
confidentiality and the DPA 1998 by disclosing confidential information
without his permission. The tenant has been advised by his solicitors to
write this letter of complaint, and await our response before taking any
decision as to whether to proceed with legal action.

End of story

Personally I feel that the staff member has breached, the Act in revealing
such info to the mortgage lender, especially as it was not asked for.
Does the tenant have a case? Is the staff member wrong? How do we rectify?

Advice most eagerly welcome

Thanks
____________________________________________
Clementine Amawo
Information Management / Data Protection Officer (IT)
Circle Anglia



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