I do not fully understand the point being made about delay, are you
stating that principles 2 (second part), 3, 4 and 5 would somehow play
a part in delaying closure?
If you are saying that the inclusion would change the balance of
control between organisations and the relatives of the
deceased/executors, then that would be no more than is currently the
case with data subjects.
A few very quick thoughts.
The UK legal rules of an executors duties, I believe include some form
of finalisation routine, which allows the estate to be closed after a
specified time, provided sufficiently reasonable steps have been taken.
This, if my impression were true, would provide some form of existing
guide. Perhaps a knowledgeable legal eagle will be able to correct or
provide more detail about that.
Adequate and necessary periods will no doubt differ, according to
circumstances, but the DPA already allows great flexibility by
providing broad guidelines, so nothing would by out of synchronisation
there.
Clearly if that cover were provided there would be some further
pressure for the provision of lists of deceased persons (Or death lists
as they are sometimes called) as a means of cleansing databases, and
the inevitable problems resulting from unscrupulous organisations using
that data for other purposes (perhaps similar to the crematorium's
inappropriate use of data previously circulated on this list).
It may be such would be unpopular within some churches, but religious
morality has so far frequently shown itself incapable of effectively
engaging or influencing the computerised machinations of many
organisations.
To my knowledge at least one EU country already provides this DPA
extension.
I agree that in an ideal world none of this would be required, as
everything would always be rosy.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Bailey, Trish
> Sent: 01 December 2008 08:34
> To: [log in to unmask]
> Subject: Re: [data-protection] You must be joking... Food for
> thought on a quite Friday.
>
>
> 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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