Breach of Data Protection

[Clear33]

I have a friend who has been messed around by a company for over a year regarding a potential debt issue

when he expressed that the added strain of the length of time he had been waiting for their replies and dealing with the issue and misinformation he had been given had made him feel suicidal. He was expressing how bad their service was.

 

A month later, after he sent the letter, he received a call from the police.

He had to explain that he was not going to kill himself and had never had that intention either and when was this a police issue?.

 

The company had coldly reported him and not sent any warning of this to my friend.

He just received the call out of the blue.

 

If he had not happened to have been around, apparently a police car would have been sent around.

He was distressed by this and has never had anything to do with the police before and certainly not police cars outside his home.

He said it felt like an act of bullying on the companies behalf.

 

Not only was this a breach of data protection during a conversation with a company, but surely this can't be the correct thing to do?

[labrat]

Not sure on the data issue but I had the same thing with a work stress issue (expect the police turned up)

[renegadeimp]

Prob as a duty of care. He stated it to them so they reported it to be on the safe side. If he had done something, and they were found to be blamed by your friend, theyd be in a world of trouble. its Nothing at all to do with data protection.

 

Which company was it?

[Clear33]

Its a loan company. Sorry not a work thing.

 

My older training is that he should have been sent an email sympathetic or not, clarifying the statement and/or offering suitable helplines eg. Samaritans. This would sometimes occur on live calls where I used to work. We would NEVER put the phone down and call the police. WTF?? 1984. Plus in this instance the police rung ONE MONTH after the letter was sent.

 

I thought it must be breach of data protection because something he said as a passing comment within a confidential letter, really as expressing a bad service, has been breached and is now on police record! He wants to make a complaint. Not only does he feel violated and as though it was a form of bullying - it had the potential to make things worse and made him feel like a criminal. It was really, really cold and devoid of any real help.

[Clear33]

Sorry to hear that Labrat... Hope you doin ok. Life on Earth can be a bumpy old journey.

[fkofilee]

So lemme get this right - A DCA sent the Police round to check on their "Victim" for their "Wellbeing"?

Or to check that it's victim was still alive to pay for the upcoming Easter Party?

 

I feel for your friend... It would send me in a tizzie - That I do know...

 

From a policy perspective - I would consider that the DCA could be challenged under DPA / GDPR

[Clear33]

Yes the issue was over a debt and a the loan company had been messing him around for well over a year.

 

Don't understand how it can possibly be a police matter. And how this can not be a breach of data protection.

 

Cold, heartless, company.

[fkofilee]

Whos the Comp?

[renegadeimp]

Exactly how can it be a dpa issue? Because it isnt. They havent revealed any info. All theyve done is reported someone who said they want to end their life. If you contacted your bank, and said the same thing, your bank would do that as well.

 

i cant stand most loan companies or DCA's but in this instance they are doing what most companies would do.

[edjama]

Article 6 (1)(d) of the GDPR allows them to inform the police "processing is necessary in order to protect the vital interests of the data subject or of another natural person;"

 

 

I think it was in your friends vital interests that his welfare was made a priority.

[Clear33]

I can't agree. Sharing a feeling is not the same thing as a statement of intent such as "I am going to kill myself" or "I am killing myself" for one thing. Then, that was shared one month earlier with no further contact until the police phone call. There was no actual help, it just left him feeling quite bad therefore his welfare was made worse. It was only luck that he answered the phone or he would have had the police banging on his door.

 

Finally, since when did this become a police issue. Why not simply send the number of a helpline to call if he felt the need? Therefore something he shared within a confidential letter as a way to express a bad service, a figure of speech, became a recorded police matter - how is that not an unnecessary data breach.

[renegadeimp]

Sadly it doesnt matter if you agree or not. The law is clear on this. The police acted upon a report of a person saying to someone that they feel or will kill themselves. They wont ignore that.

[Clear33]

I completely agree with you regarding the police response. No issue with that.

 

It is the report to the police and data protection breach on false grounds that is wrong.

[renegadeimp]

Again, theres no data protection breach. Whatsoever. If you think there is, by all means challenge them on it. You wont get very far. See post #10

 

http://www.privacy-regulation.eu/en/article-6-lawfulness-of-processing-GDPR.htm

 

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/vital-interests/

 

Now you have the info, its up to you what you do with it. Goodnight and good luck whichever way you decide to go.