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Creditor calling Employers - is that a breach of data protection?


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Apologies for this post if it is in the wrong place, so MODs please move it to the right place. Thanks in advance.

 

My question covers two issues with debt.

 

I have a dispute with my landlord about rental arrears. My landlord claims I am in arrears whilst I contend that I am in credit on my rental account.

 

The landlord has threatened to contact my employers and disclose details of our dispute.

 

My first question is - is my landlord classed as a creditor for the purposes of reporting the landlord to the OFT? My understanding of the guidelines is that as the landlord is a sole individual the OFT may not be the best place to make a report - am I right?

 

My second question is - can the landlord simply disclose our dispute to my employers? Is that not considered a breach of Data Protection?

 

I want to write to the landlord stating that I consider the threat of contacting my employers as harassing me and I am going to make a report to the OFT. Is this the best cause of action?

 

Thanks to all who answer!

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The landlord may only call your employer to either verify that you are employed there, or in order to contact you personally - they cannot discuss details or tell your employer anything that would be likely to cause embarrassment. To pass on details would be a serious breach of data protection, and to continue to contact you at work after you have instructed them not to might be an offence under the Protection From Harassment Act.

 

Tell the landlord in writing that he may not lawfully discuss personal matters with the employer and that should he do so you will make a complaint regarding his misuse of your personal data contrary to the Data Protection Act, and that you revoke any implied permission to contact you at work and will make a complaint to the police under the terms of the Protection From Harassment Act should this be ignored. You are willing to communicate but only in writing, or if you wish, by using an alternative contact number.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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