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Breach of Data Protection Act?

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STAH | 14:08 Mon 02nd Jan 2006 | Business & Finance
8 Answers

I work for a financial institution whom is also my mortgage provider.


Last week, I called the mortgage department to amend my mortgage account. I called the department in the capacity of a customer in my own time on the customer external number.


The rep I spoke to was useless and I was somewhat standoffish to her. She was blagging her way through the call and telling me factually incorrect information.


The rep complained to her line manger about my tone towards her, who duly e mailed my line manger at my office. The content of the e mail went into great length about my mortgage holding and what I wanted to amend.


I am well aware that my manager can view my accounts at work; however, there must be an "operational need" for them to do so. My manager has no jurisdiction over my mortgage providing it is ran satisfactorily - of which it is. Furthermore, the matter could only be dealt with by the mortgage department.


I am furious that the rep's line manger went into unnecessary detail about my mortgage. I only wanted to reduce the term by overpaying and give notice that I wanted to leave my fixed rate! I am thinking about lodging a formal complaint against the rep's line manger.


If I was not employed by the financial institution, the rep's line manger would not have contacted my manager at where I worked about this matter. Is the rep's line manager in the wrong?


Many thanks for your feedback and assistance in this matter!

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Does your employer has a Legal Department?. If so, I would go and talk to them and complain about a possible breach of your privacy.. If they don't, perhaps a word with your Human Resources Department? It seems that somebody needs to distinguish between you as a private individual and a consumer, and you as an employee, and if you phoned to make the query on an external line in your own time it seems to me that you were definitely a customer at that point and not an employee. If the individual concerned was also giving out factually wrong information, then her manager needs to know about this as she probably needs some retraining.

You could contact the Information Commissioner and report this company because as a Data Manager they are misusing the data in their control. See www.informationcommissioner.gov.uk. However as they are also your employer, perhaps you should take tactical advice on how to handle this situation from perhaps Personnel or a CAB, in the hope of getting as close as possible to a win-win situation. I think you are 100 per cent right to be furious, but this means these individuals are going to be even more defensive-aggressive because they know they have acted wrong. Unfortunately I am not the most diplomatic of people and would probably make a dog's meal of the situation myself ! But I think it's best to handle it sensitively, without humiliating them too much, as it could have long term repercussions for you. Petty people like these do not have the courage to admit they have gone wrong and will probably hold it against it for the future. I very much hope you can get to a satisfactory solution.
Question Author

Folks:


Wow, what can I say - loads of valuable information for me to go on. My manager wishes to speak to me tomorrow morning - and boy am I looking forward to it!


This is an invasion of privacy and tantamount to breaching the data protection act. Hgrove - I too am like yourself and ocassionally can be guilty of not being diplomatic (as WendyS will corroborate :) ) I feel that the bank holiday has worked in my favour; inasmuch that I can go into the meeting tomorrow morning cool, collected with valuable information at my disposal.


You have both been very helpful - and I will log on tomorrow night to let you know how I get on.


Kindest regards,


Scott

Question Author

I have forwarded on my complaint to a senior manager at the call centre.


I hope it comes to fruition, I think it will!


Many thanks.


Question Author

Rep's line manager has been issued with a formal warning as they have overstepped the mark.


I have also asked for an apology from him too which will be issued to me soon.


I don't think he will do this again in a hurry!


Thanks for your advice!

I am delighted with this outcome for you, Stah.
stah,am not being funny but i would have raised hell.You are a customer of that bank and to be treated like you have just because you work there aswell is terrible,I would be asking the managing director to have his office look further into this alot further.I honestley think you have let them away with murder
Question Author

Hi Chris-


I did raise hell - in my own little way. I complained to his boss' boss' boss' boss. I spoke at length with her about this matter, and she agreed that the e mail was totally unacceptable.


I insisted that a formal written warning be placed on the person's file - and to add insult to injury requested that he issued me an apology. I received the apoology and replied in a way that will leave a very nasty taste in his mouth - but not in anyway that could have repercussions for myself.


You can beleive you and me, he will not be doing this again. I was about to raise hell and shout my mouth off but decided to sleep on the matter, and deal with it differently. I am more than pleased with the outcome.


The person who I complained to reports directly to a board director. The rep's manager's file has been tainted with his actions. He has certainly learned his lesson, and I would not hesitate in recommending anyone else in my position to do the same. It is wrong and a violation of privacy.


He flouted the rules and abused the information placed at his disposal. Beleive you and me - he has more than paid the price.


I thank you for your input - all of you. :-)

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