You do have a real problem.
I would additionally actually check what the policies are/were when the
staff member took the action they did, what their understanding of those
policies was or what action they were normally instructed to take.
Occasionally it can be difficult to find a local policy when a problem of
this sort arises, so as Duncan suggests a good look at all policy management
processes would then be needed.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Clementine Amawo
> Sent: 08 February 2006 17:02
> To: [log in to unmask]
> Subject: 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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