Eon uses my medical records to provide me a smart meter.

[HijoD]

My energy supplier is Eon Energy. They have been very aggressive to try to provide me a smart meter. They come and visit me and want to talk to me but they never make an appointment. They call me all the time. I am most upset that they also decided to get in touch with my psychiatrist. I have no idea how they even know the name of this person and the contact details. Needless to say that I am horrified.

 

I have sent Eon Energy a SAR request but no reply at all. I have contacted them by sending them letters and complaining about their behaviour but no reply. I have chatted with them online and I got the transcripts. All Eon Energy wants to do is to talk to me. But I don't like talking.

 

I feel that my privacy has been violated. I don't think Eon Energy needs to contact any medical professional and get my medical records so that they could provide me a smart meter. I don't think I even need a smart meter.

 

How would I handle this matter? Information Commissioner's Office? Energy Ombudsman? Or something else?

[BankFodder]

This sounds pretty extraordinary. Can you tell us more about the SAR.

 

When did you send it, and what exactly did it say? Are you able to post copy up here in PDF format

 

Also, do you know for certain that they have already contacted your psychiatrist? Tell us more about that.

[BankFodder]

I'm not too sure why the OP starts a thread asking for help and then doesn't come back and engage with this thread to get some of the help that's on offer.

[HijoD]

I sent a SAR in September 2018 and I never got any reply. It was sent recorded and to the right address. I simply wonder why anyone did not take any notice. I cannot be the only person who sends a SAR to Eon Energy.

 

Yes, I know for certain that my psychiatrist was contacted by Eon Energy because my psychiatrist told me that she has been contacted by Eon Energy. She also confirmed it in writing.

[HijoD]

Thank you (BankFodder) to remind me that I don't engage with you or anyone one. I do my very best. I hope you do yours.

[BankFodder]

Have you made a complaint to the information Commissioner? I suggest you do so. Do it initially on the telephone and then confirm in writing. It will take them ages to supply you with a reference number and particularly then to allocate the complaint to an investigator – but you may as well get it going.

 

Secondly, have you confirmation that the SAR was delivered? You sent it recorded delivery. Do you have a delivery receipt or some other evidence?

 

Also, what was the nature of the enquiry of your psychiatrist? How did they make contact – was it on the telephone or in writing?

 

Have you any idea at all how they might have discovered that you had been visiting a psychiatrist and also the identity of that person?

[HijoD]

I used the ICO's website and their SAR sample. I sent my SAR request to Eon Energy registered mail with the tracking option. I mentioned earlier on that it was sent recorded. I have a proof of their signature and that it was delivered. I used the wrong word recorded earlier on. I have a receipt to prove it and I have printed out the signature of the person who signed it on behalf of Eon Energy.

 

My psychiatrist told me that Eon Energy called her to ask about me. My name was mentioned. She was very upset since she cannot say anything to anyone. Not even to a police officer.

 

I have no idea at all how Eon Energy knew about my psychiatrist. I certainly did not give them the details. It is very disturbing.

[BankFodder]

Of course if you give your psychiatrist permission, then she can give you all the evidence and statements that you want. I understand that you already have something from her in writing.

 

Does identify the date, time, person who called or the questions they asked?

 

The next thing is – what would you like to do about it

 

You haven't told us if you have made a complaint to the ICO?

[HijoD]

I asked her to provide me evidence that Eon Energy contacted her in writing. She simply confirmed that she got a phone call from Eon Energy and the name of the person who called her in writing.

 

I have not made a complaint to ICO yet. I am here on this forum to ask help.

[BankFodder]

Then please start off by making a complaint to the ICO – as advised above. I have no doubt that they will find in your favour although it will take some time. However, their decision – which will be issued provisionally and tentatively – will be of help to you.

 

Secondly, what would you like to do about it? Anyway you will make any headway here is to begin a legal action for breach of the data protection act. If you have the letter from your psychiatrist then I would say that your chances of success are extremely high and also I think you could claim a reasonable compensation

 

I hope you won't mind me remarking that if you are seeing a psychiatrist, then it suggests to me that you have some kind of stress or emotional et cetera problems. I think that this means that you have a certain vulnerability and this would be very helpful in assessing the amount of damages that you might claim for.

 

Is your psychiatrist prepared to give any written opinion as to the effect that this enquiry by eon may have had on you now or in the future?

[BankFodder]

Incidentally, there is an eon customer service rep who visits this forum and sometimes tries to give help. Given the seriousness of your complaint, then I try to come into this thread possibly with a view to diverting you away to the customer services department.

 

I suggest that you resist that offer – if it happens – or if you do decide to accept their advice, that you keep us very closely informed. You need to understand – in case you don't already – that eon's interest are not in alignment with yours

[HijoD]

My psychiatrist noticed how upset I was when she told me that she got a phone call from Eon Energy and the name of the person who contacted her. I have not discussed about any written opinion with her. She simply confirmed in writing that she got a phone call from Eon Energy and the name of the person, date and time of the call.

 

I wrote to Eon Energy and complained (registered letter with tracking option) but they did not respond.

[BankFodder]

Okay, complaint to the ICO as I have suggested above. Contact your psychiatrist and ask if she will provide a confidential written statement about your condition and about how this enquiry has affected you.

 

Finally, you need to consider my question as to what are you prepared to do about it? If your psychiatrist's report is sufficiently helpful than I would have thought that you could be looking for between £1000 and £2000 in compensation. Unless there is some really good explanation as to how they knew that you are visiting a psychiatrist and where they got the information from and the authority to call your psychiatrist, then I consider that this is an extremely serious intrusion and breach of data protection rules.

 

I think you need to decide if you feel that you are strong enough to go through the process of bringing a legal action. I don't think it would be very difficult. If everything you say pans out, then the substantive breach of data protection rules is pretty well proven and it then becomes merely a dispute over the amount of damages.

 

Of course we will help you.

[HijoD]

Thank you for your help. Much appreciated and valued.

 

I start with ICO. And I will mention this matter again when I see my psychiatrist next time.

[BankFodder]

When is "next time". It is more than a few days away then I think that you should make special arrangements to make it happen more quickly.

 

If you want to move forward on this then you need to move as rapidly as possible.

 

You still haven't said if you think you are prepared to take legal action – but if you are then you will need to move very decisively and aggressively. You will find that our style is not to hang around. I'm afraid that this is the only way to dominate large well resourced companies.

[HijoD]

I don't know yet if I take legal action or not.

 

I contact ICO tomorrow. Today is almost over and their office is closed now.

 

I see my psychiatrist next week.

[E.ON Company Rep: Malc]

Hello HijoD and sorry for the late reply. I've not been around CAG for several weeks.

I agree with BankFodder. This is a very serious claim and I'd encourage you to follow the advice given.

It's very odd we've not responded to your complaint and I'd suggest escalating this to the next level and then to the Energy Ombudsman if you're not satisfied with the explanation. There's more about how to do this on our website.

Ask the Complaint Manager about the SAR too.

We take our responsibilities in looking after our customer's details very seriously. Must admit, I've not come across any situation like you describe before where we've independently contacted a medical professional or any third party without a customer's express consent. If this has happened, it needs dealing with at the highest level. Hence, my recommendation to follow the complaints procedure right through to the Energy Ombudsman if necessary. This is in addition to raising a complaint with the ICO and any other action you feel is appropriate.

As much supporting evidence as possible will help.

Sorry again for the late reply HijoD and please go along with BankFodder's advice and follow this through quickly.

Malc