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DATA-PROTECTION  December 2008

DATA-PROTECTION December 2008

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Subject:

Re: You must be joking... Food for thought on a quite Friday.

From:

"Bailey, Trish" <[log in to unmask]>

Reply-To:

Bailey, Trish

Date:

Mon, 1 Dec 2008 08:34:03 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1 lines)

Ian



Well as we know, the DPA does not cover dead people, however, even if the DPA did cover the dead for period after death, surely under the "DPA framework" this would just delay trying to sort out the deceased person's affairs?  I don’t agree that the DPA should be extended to dead people for any length of time. This scenario as I understand it, is a misinterpretation of DPA and retraining needs to be had and processes changed if necessary.  This is however, just my opinion.



Many thanks

Regards

Trish Bailey MSc



         



-----Original Message-----

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of [log in to unmask]

Sent: 28 November 2008 13:50

To: [log in to unmask]

Subject: You must be joking... Food for thought on a quite Friday.



A brief example of how not to do it.



1. 18.10.2008 a death in the family:



2. 20.10.2008 Checked online with one company to see if it was 

possible to cancel a service provision - nothing available 



online (possibly understandably).



3. Telephoned the premium rate customer service line, explained the 

situation and asked them to cancel the account in early 



November and if they could produce a final bill for the end of that 

billing in early November period which would facilitate 



their bank direct debit payment, simplifying the process for them and 

the executors. Was asked to post a copy of the death 



certificate to the company.



4. 20-21/10/2008 access to the on-line billing information part of the 

service terminated so was unable to properly validate 



costs.



5. 22/10/2008 Obtained death certificates. Posted covering letter copy 

of death certificate to the company providing a date 



for the complete cessation of the service and to facilitate 

finalisation of the estate of the deceased.



6. Received by registered mail the covering letter and copy of the 

death certificate (no compliments slip or anything else 



included) at the home address of the executor to the deceased.



7. 5/11/2008 Received at the home address of the executor a 

standardised condolence letter asking if the account needed to be 



cancelled to call and cancel. (Took no action as already cancelled).



8. 24/11/2008. Received standard correspondence addressed to the 

deceased (and redirected by the post office) 

   

	(a) Advising that part of the service provision was being transferred 

and stating the deceased should contact the 



company to stop that transfer if they had not arranged for it (We 

assume the new occupants (who are known to us) of the house 



were doing that) and that it was possible the deceased could accrue 

additional costs.

   

	(b) Red reminder for an outstanding account balance showing the total 

amount but no detail.



9. 24/11/2008. Acting on behalf of executor (who was rather upset 

again) contacted the premium rate number provided by the 



company to find out the details of the outstanding balance and to 

arrange payment.  

   

Call centre	- I am sorry but due to the data protection act I cannot 

speak to you about this account.

   

Caller 	- Would you please note that on the account or details of this 

call. Would you also tell me what time it is at the 



moment.

   

Call centre 	- Gave the time.

   

Caller       - Can I confirm your are aware the account holder is 

dead?

   

Call centre  - Just a moment please.  A pause of some moments/a 

minute.  Yes there is a note on the record.

   

Caller	- I have received two letters today, one of which is an unpaid 

outstanding balance billing reminder. But the details 



of the bill are unknown could your clarify the detai?

   

Call centre  - Clarified some of the detail but unable to fully 

clarify as the figures did not make sense.

   

Caller       - Thank you.



   

24/11/2008   - Contacted the premium rate customer service line.

   

Caller 	- I wish to make a complaint. Details of the process to date 

explained and asked for clarification of the total 



amount.

   

Call centre	- That amount explained in more detail, but would/could 

not provide writted copy

   

Caller	- Started to pay the bill and asked for assurance that this was 

the finalised outstanding balance and that all 



correspondence with the deceased would cease.

   

Call centre	- No, a further amount is due next month for further 

outstanding costs.

   		  Those costs added to the current amount and paid.

   

Call centre  - To sort this out I have had to re-enable the account. 

Would you please call back in 3 days to disable it 



again.

  

Caller	- No. Sorting this out to this stage has already cost a minimum 

of £3.90 in call charges. This is precisely the type 



of poor and inflexible organisational administrative process the 

complaint is about and I see no reason why the estate should 



be burdened with further costs in improving your organisational 

processes. The organisation has been made aware of the death 



of the account holder a number of times.  

Would you please let me know how my complaint is finalised.





A plea to the group. Look to your organisations processes to attempt 

to limit this type of distress, if only to stop your own 



organisation from incurring ongoing costs in servicing deceased 

persons, which I thought was the remit of whichever god 



people prefer to defer to!  Also, the organisation is arguably still 

liable under DP, the executor, whose details were 



somewhere in the deceased computer file, continues as a living 

individual, and is the person the organisation would no doubt 



eventually chase through the courts for billing purpose, if anybody 

ever gets to that stage. Their data is not being 



processed in accordance with the principles.  Food for thought maybe.





Whilst this was the worst computer/organisationally generated example 

experienced during this time it was not the most 



insensitive.

That one was purely person generated, so remember when reveiwing 

processes that human error can also damage organisations and 



an appropriate level of training is required.



Meanwhile my own experiences have merely served to increase the 

strength of my personal belief that notwithstanding the 



difficulties, DP should continue to cover the data of deceased for an 

appropriately specified period following death.





Ian W







Get 50% off Hotel Bookings ftom Tiscali - http://www.tiscali.co.uk/travel

__________________________________________________________



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