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Data Protection Act Breach


natalie
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I posted this on the Local authority board, and then guessed I must have posted on the wrong one.

 

I have a small debt (£170) of Council Tax arrears, that I incurred because of a mix up and have been paying off. I have to pay £15 a month, but paid £50 in one go to cover me for 3 months. This was from when I was single, lived alone, is in my name only and is nothing to do with my partner.

 

Monday, while I was out the council phoned and spoke to my partner and told him how much was owed, when the last payment was made and that payment was now due.

 

This was done without asking any security questions (and so could have been anyone).

 

I've spoken to the council who have asked for me to put it all in writing which I did. I then got an email today from the head of revenues, who basically said, yeah we messed up, sorry about that, but well you shouldnt have owed the money should you.

 

I would have left it at a formal complaint if it wasnt for such a blase attitude, I'm furious now tbh, the two issues are completely separate imo, and even if they werent I am up to date with the payment plan anyway.

 

Obviously I need to report it to the Information Commissioner, but who else do I need to report it to?

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Have you made a Formal Complaint to the council about it? A Formal Complaint should be addressed personally to the council CEO, the letter clearly headed 'Formal Complaint' and contain a request to have the complaint logged. These are the only complaints used for statistical purposes. You should also mark the envelope 'private and confidential' to give it its best chance of reaching the CEOs office without it being intercepted and sent to Revenues. Post by signed for.

Best wishes

Rae

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It is a local authority issue as opposed to a benefits issue but that doesn't matter. It's a clear breach and you are absolutely right to be furious about it. Your partner may well not have known about your debt and they have no right to tell them regardless of whether you owe them money or not. If they think that gives them free reign to disclose your details they are very much mistaken, and I am disgusted that they would think this excuses the disclosure. ICO and as Kelcou says, CEO. You might also want to copy in the security officer of the local authority who has a duty to take this further.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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I've been told that if I want to complain further I have to address the Director of Law & Democratic Services. I have asked for the complaints procedure but they dont seem to be too forthcoming with it.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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You should definately copy them in, so that they are aware of the situation but every council has a complaints procedure in the order which the complaint should be made. Who in the council have you complained to so far (rank) or was it just a general complaint addressed to the council itself? Which council is it? I'll find the complaints procedure for you - every council should advertise it.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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I initially spoke to a manager in Council Tax, who told me that it was contracted out, that she would speak to the person in charge and get back to me. She didnt, instead the Head of Revenues emailed me (see above) I phoned the Law & Democratic Services dept today and the woman was less than helpful, she told me that as it was a contractor, it isnt the responsibility of the council and that I should take it up with the firm of contractors, but couldnt tell me who they are. :S

 

Eventually I got her to give me the email address of Stephen Taylor (Director of Law and Democratic Services) and i have emailed him, but nothing back.

 

It is Swindon Borough Council

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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If they are contracted by the council to do work that is under the remit of the council, the council are equally responsible.

 

Found the complaints procedure:

Swindon Borough Council - Complaints Procedure.

 

PDF leaflet

 

Isn't it funny how contracted out council tax doesn't appear in the list of exceptions to complaining to the council itself?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thats brilliant Erika thank you

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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