It is a potential data breach if he would only know the name of the customer through work. Unless he "befriended" her in talking with her ie as an inconsequential part of discussing the customer's business, then it is difficult to argue he has obtained it without authorisation.
It could be a breach of confidence or a breach of protocol at the work place. In other words, do not use your work life to further your private love life.
Sometimes people quite jobs or drop clients just for this reason. They see the conflict between their professional duty and their private desire which they seek to resolve.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Donald Henderson - CHX
Sent: 22 January 2016 11:33
To: [log in to unmask]
Subject: Re: Bank Clerk Sends Flirty Messages
Why would the ICO even be interested? Presumably the bank clerk was doing it as a private individual rather than as an employee of the bank...
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Kevin Broadfoot
Sent: 22 January 2016 10:55
To: [log in to unmask]
Subject: [data-protection] Bank Clerk Sends Flirty Messages
Interesting story in the Telegraph: apparently a bank clerk uses Facebook to track down a married customer and send her unwanted messages; she complains and the bank offers compensation but clerk keeps his job. She refers the matter to the Financial Services Ombudsman who thinks they can't do anything about it: quote "We can't make them apologise and we don't have the power to tell a firm what to do about disciplinary issues."
What was preventing them referring the complainant to the ICO?
see: www.telegraph.co.uk/news/newstopics/howaboutthat/12114279/HSBC-clerk-sends-flirty-messages-to-married-customer-after-tracking-her-down-on-Facebook.html
Kevin
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