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data protection act

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wilkesneil | 19:42 Wed 27th Jan 2010 | Law
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today my mom recieved a letter asking if she knew someone in her street. the letter was sent by a debt recovery services and stated that the person owed money for council tax.
She is going to send the letter back saying she doesnt know the person but is going to ask them if its breach of data protection by saying what money is owed and to who?
I think the main question here is
CAN A DEBT COMPANY SEND NUMEROUS LETTERS TO PEOPLE IN THE STREET ASKING IF THEY KNOW SOMEBODY AND WRITING WHO THEY OWE MONEY TO IN THE LETTER?
If its in breach of data protection i will tell her as she wants it confirmed before she sends a reply form back.
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Basically she should check that the company is legitimate first because if it is not then she should report this to the police as this is another form of phising for information. However, she should not under any circumstances release another persons information to third parties. It is illegal to do so unless it is the police of course!

Summary - do not answer the letter!
If the correspondence reveals information which is to do with 1. the prevention or detection of a crime, 2. the apprehension or prosecution of offenders 3. the assessment or collection of any tax or duty or of any imposition of a similar nature,
then the DP Act doesn't apply. Point 3 certainly seems to apply in this case.

As for revealing any information, you don't have to in cases such as this. Just reply 'not known'.

I used to have dealings with the DP Act and had to decode a version of the whole act in plain English for the company I worked for. Not fun!
Indeed. Many companies opt for these name and shame tactics now.
The DPA applies to everyone - even the police - who I regularly provide information to as part of my work - so long as they complete the necessary documentation and have a legitimate reason for their request.

In addition, since you have absolutely no obligation to supply the information being requested by the debt collection agency......ignore the request. You have no need to reply 'not known' since their is no obligation to reply at all.

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