Data Protection Breach

N

Newman

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I am in some difficulty with my bank ref being unable to meet my mortgage obligations, the mortgage is in my name solely. However the bank has seen fit to access my wife's personal account and pass on details of such to a 3rd party (the solicitor representing me). again I must emphasise my wife has no involvement with my borrowing and owes nothing with the bank in question, does the bank have the authority to do this and pass the details on to a 3rd party.
 
Not unless she gave her consent in some way. She should raise a dsar (not you). Your solicitor should then raise concerns that the bank did not have authority to provide him with the data and ask them to confirm their authority to do so. I caution on getting too caught up with this. It will be a minor victory or a thorn in their side, not a silver bullet.
 
DeeKie said:
She should raise a dsar (not you).
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Sorry, what exactly would this achieve or disclose? I assume you mean raise a DSAR to the bank?

Assuming no consent had been given, my understanding is that there have been 2 data protection breaches here: firstly using the wife's data other than for stated purpose, and secondly disclosing it to a 3rd party.

However, all your wife can really do is lodge a complaint with the data protection commissioner. They'll give the bank a slap on the wrist, and monitor them closely for a while. As previous poster said, you won't really achieve anything.
 
Well. By submitting your own section 3 and section 4 DPA I'm sure the bank will not comply fully. You can then submit a complaint to both DPC office. And ask bank for Final Response Letter- FSO. This will delay proceedings for any recovery - as the bank generally ceases all action pending determination. Hand experience of similar. Bank ended up backing off - best is give them plenty of hassle - they get lost in the muddle. Keep records - phone call attempts , emails and letters.
 
cmalone said:
Well. By submitting your own section 3 and section 4 DPA I'm sure the bank will not comply fully. You can then submit a complaint to both DPC office. And ask bank for Final Response Letter- FSO. This will delay proceedings for any recovery - as the bank generally ceases all action pending determination. Hand experience of similar. Bank ended up backing off - best is give them plenty of hassle - they get lost in the muddle. Keep records - phone call attempts , emails and letters.
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Yes. It buys time. Also a dsar can ensure there has been a breach, sometimes people give consent but don't remember. There's no point in going to the odpc without one.
 
There is plenty of cases where a serious data breach leads to compensation.Dont leave it go.Also how did they access her personal account??, surely the bank made a mistake here?
 
Newman said:
I am in some difficulty with my bank ref being unable to meet my mortgage obligations, the mortgage is in my name solely. However the bank has seen fit to access my wife's personal account and pass on details of such to a 3rd party (the solicitor representing me). again I must emphasise my wife has no involvement with my borrowing and owes nothing with the bank in question, does the bank have the authority to do this and pass the details on to a 3rd party.
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Do you have signing authority on the account of your wife?
 
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