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
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