Any experts in Data Protection here?

[Davies]

Mighty .org,

As part of an ongoing saga regarding my last place of residence and the non-return of my deposit I am now involved in court proceedings and need some advice regarding Data Protection and the misuse of personal data.

Is there anyone on here that can help?

Cheers,

Paul

[the_runt69]

Know a bit about data protection as I am in charge of the comapnys CCTV operations when on shift. dont know if it helps but we need to know the problem ??

[Paws]

i can help aswell hun :)

[Davies]

Righty, here goes:

Basically, we are suing person A for the return of our deposits. Person A has counter-sued us for various unfounded reasons. All this is going through small claims court at the moment.

As part of her counter claim, she has submitted photocopies of my passport and details needed by the agency to do credit checks (employment, previous addresses etc) to the court.

Now, the credit check documentation was supplied to her by myself just after I moved in with the understanding that she would pass it onto the letting agency. By submitting it as part of her counter claim she has proven that she still has my very personal details in her possession which I am furious about as she could potentially use it in the future fraudulently. Furthermore, surely she should have asked my permission to use it?

I've had a quick dig around and read some of the Data Protection Act, but if you guys can give me some quick pointers that would be great.

BTW, she also submitted the same details of the my former housemates too.

Cheers,

Paul

[fizzwheel]

Have you sought proper legal advice ? Data Protection act is a bl**dy minefield...

[custard]

there may be something there about having to dispose of your details within a reasonable length of time but am no expert...

here you go http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_1

[Gazza77]

Righty, here goes:

Basically, we are suing person A for the return of our deposits. Person A has counter-sued us for various unfounded reasons. All this is going through small claims court at the moment.

As part of her counter claim, she has submitted photocopies of my passport and details needed by the agency to do credit checks (employment, previous addresses etc) to the court.

Now, the credit check documentation was supplied to her by myself just after I moved in with the understanding that she would pass it onto the letting agency. By submitting it as part of her counter claim she has proven that she still has my very personal details in her possession which I am furious about as she could potentially use it in the future fraudulently. Furthermore, surely she should have asked my permission to use it?

I've had a quick dig around and read some of the Data Protection Act, but if you guys can give me some quick pointers that would be great.

BTW, she also submitted the same details of the my former housemates too.

Cheers,

Paul

What part of her defence does that come under? I can't see why the court would need or want them.

[the_runt69]

She can only use these if they are relevant to the case which as far as I can see for the refund of a deposit unless she is trying to say you were making fraudulant claims doesnt stand up. The courts I'm afraid can ask to see those documents as they have powers over the data protection act and can ask for anything they like as long as it is relevent,
And if you find she's passed these on to anyone else you can sue the a**e of her.

[Davies]

Cool, thanks for the responses guys.

She was the one that submitted the evidence, not the court who asked for it, so I'm pretty sure that she is in breach of confidentiality. She shouldn't have been in possession of the documents anyway. We're going to add a paragraph at the end of our response stating that we're very concerned that she is still in possession of it and has used it without our consent. Hopefully el Judge will pick up on it and mark it against her. :smt065

[Ceri JC]

Whilst the court could ask for them and would be entitled to see them, it's questionable why the info should of remained in her possession in the first place. Personal Data can only be used for the purpose expressed when it was collected and only retained as long as is necessary. I'd seek legal advise and consider asking her to justify in exactly why she had this information still and why it hadn't been destroyed.

I am not legally qualified. My Masters thesis (which got top marks) was based on the DP act. I used to audit to it professionally. I am still my organisations "expert" on it.

[DaveP]

I think it may depend on what you signed as part of the lease to be honest mate.

[simesb]

One could argue that it was necessary for her to retain that information in case she needed to confirm your identity if she needed to take any legal action against you (as a landlord).

However, the fact that she has submitted it for no reason (caveat - I know no details of the case) is peculiar.

[Bibio]

ermmm .. from what i can remember.. if any company holds data weather it be in digital or paper format regarding peoples details.. said company has to have a registered data administrator to insure security of said data.. failing to have a data administrator in a company that hold records of peoples sensitive data is a serious offence and is punishable by a large fine and or a prison sentence..

the data protection act is well sketchy and is even more so with the new freedom of information act... they both contradict each other...

hope you get it sorted...