Data protection - anyway round it?

KierNet

I've got a bit of a problem, someone has given my number to debt collectors, now I'm getting a number of phone calls asking for this person, who I am not.

Whenever I've asked where they've got my number from they say they can't say due to data protection. Is there anyway round this? I know nothing about data protection so rather confused. I've heard things about Freedom of information, but no idea what it means or anything.

Any help would be great!

Sorry if its in the wrong place...seemed the best fitting.

Browntoa

tell them you are unable to tell them who you are due to data protection

What are your rights?




The Act provides you with these statutory rights:

• To be able to ask the company if it holds personal information about you
• To be able to determine what the data is used for
• To request and be given a copy of the information subject to a payment of £10
• To be given details about the purposes for which the company uses the information and of other organisations or persons to whom it is disclosed
• To ask for incorrect data to be corrected

You must write to the company informing us that the data they hold is incorrect and ask for it to be corrected. They must tell you what it has done within 21 days of receiving your request.

If they do not agree that the information is incorrect you may ask for your disagreement to be recorded on your records.
You can also appeal to the Information Commissioner or the court if they do not correct the information

Mark_Hewitt

KierNet wrote: »

I've got a bit of a problem, someone has given my number to debt collectors, now I'm getting a number of phone calls asking for this person, who I am not.

Whenever I've asked where they've got my number from they say they can't say due to data protection. Is there anyway round this? I know nothing about data protection so rather confused. I've heard things about Freedom of information, but no idea what it means or anything.

Any help would be great!

Sorry if its in the wrong place...seemed the best fitting.

Data protection means that a company must give you all details they have on you which they have stored on any computer system. Data Protection gives you the right to see this information *not* the right for the company to withhold it!

KierNet

Thanks for the replies!

Mark_Hewitt wrote: »

Data protection means that a company must give you all details they have on you which they have stored on any computer system. Data Protection gives you the right to see this information *not* the right for the company to withhold it!

From what I gather, they are saying they can't tell me who gave them my number as I'm not this Kieran Street person, if I was they would tell me.

Might try and say that I am Kieran Street next time...would this be legal? Just so they can tell me where they got my number from.

MsHoarder

Mark_Hewitt wrote: »

Data protection means that a company must give you all details they have on you which they have stored on any computer system. Data Protection gives you the right to see this information *not* the right for the company to withhold it!

The main purpose of Data Protection is to prevent companies from being able to hand out information to anyone other than the person it refers to without good reason. The right to see and correct your own data is included, but more important are the laws making it an offence for companies to not keep personal data secured.

The data protection they are quoting is that of the person whose number they should be phoning. Unless you suspect it is malicious then there is no reason you need to know the name/address of the person who gave your number, just get the company details and sent a letter formally complaining about the phone calls and asking that they delete your number from their records.

If you do suspect its malicious then its probably solicitor time...

Freedom of information refers to the ability to find out what Government departments are doing in policy development/spending etc. It isn't relevant here.

MsHoarder

KierNet wrote: »

Thanks for the replies!



From what I gather, they are saying they can't tell me who gave them my number as I'm not this {X}person, if I was they would tell me.

Might try and say that I am {X} next time...would this be legal? Just so they can tell me where they got my number from.

That would probably be fraud, and if you contacted him be liable to get you into trouble.

Also, if that's his real name you probably shouldn't put it on the internet (there's an edit button) especially in discussion about hi debt problems.

Note that if you don't know him, my malicious statement is obviously irrelevant. More likely is he has a phone number one digit away from yours (or similar).

squeaky

The Which site has a set of template letters with regard to Data Protection including asking for your details and making complaints when necessary...

Which Data Protection template letters

The_Pedant

I doubt you would get far with trying to get anything done under the DPA, as it is not 'your' information that the phone number has become associated with. It is therefore uncertain whether they would be willing to update someone else's details to remove the number that they provided as their personal data.

I think what may be more successful is sending a recorded delivery letter stating that you deem their actions to be harassment, as detailed in the Protection from Harassment Act 1997. Detail how the person they seek is not at the property, giving a summary of how long you have been there. State that you expect the calls to stop within ... ummm ... 14 days(?), and that you would prefer the obviously incorrect details to be removed from their system.

mo786uk

the correct action would be to say you are reporting the company to the OFT and Trading Standards for breaching guidlines on debt collection.

Take the callers name first though. Also log each call they make.

squeaky

mo786uk wrote: »

the correct action would be to say you are reporting the company to the OFT and Trading Standards for breaching guidlines on debt collection.

Take the callers name first though. Also log each call they make.

Definitely log date and time of each call.

There's a classic thread from a member being chased by a debt collection agency about the place - though it does carry a warning - "Do not read while at your desk and supposed to be working"

Having fun with Debitas

KierNet

Thanks for the replies, not had a chance to read them fully as I'm at work, but just got another call from them, asking for the same person, was automated, said if you are so and so press 1 if not press 2, pressed 2 and the call just cut off.

Tried to phone the number I phoned earlier, but they are closed.

Going to phone back tomorrow as the women said I wouldn't be contacted again by them. Made me laugh as when she said that I told her I bet they would.

Gone done the harassment lines before, not heard back from that company since.