serious breach of the data protection act_Bank of ireland

paye

I have just opened a letter from a mortage provider (bank of ireland) which was meant for someone else in ireland.

The letter details information such as their names and address and account number. Ok with the amount of information you can't really do much, but the letter is important as it's about how the person have missed mortage payments recently etc. I phoned up BOI and had a right go at them as they are my mortage lender aswell and wanted re assurance that my details dosen't end up in the wrong hands.

I'm going to post the letter to the person it was meant for and let them know whats happened and they should make a formal complaint.

The bank did take the name of the person who wrote the letter and they advised me to shred the letter and they will invistigate the matter fully.

How incompetant are these people know wonder the country is on it's knees.


:mad::mad::mad::mad::mad:

scheming_gypsy

It's called an accident.

paye

accident my !!!, how would you like it if the bank sent me you bank card and pin number??? and sent confidential details about you. You wouldn't be too happy.

These accidents shouldn't happen when it comes to sensitive information. not having ago but makes my blood boil.

scheming_gypsy

So they did it on purpose? it was human error and i wouldn't be that bothered that i'd go stamping my feet about it.

Anyway:
Bank of Ireland - Company details... Bank of Ireland incorporated in Ireland with Limited Liability.
Registered Office - Head Office, 40 Mespil Road, Dublin 4
Registered Number - C-1

Dublin = Capital of the Republic of Ireland

Does the data protection act cover the Republic of Ireland?

BoGoF

So, if the letter was addressed to someone else why did you open it.....because you're a sneaky nosey you know what.

I'm surprised you're not claiming compo for the 'inconvenience'

holly_hobby

Unforunately, if the letter wasn't actually addressed to you by name - you have also broken the data protection act by opening it and reading the contents.

You should have just marked it return to sender and put it back in the post box.

Holly

dunstonh

Was the letter misposted to your address (i.e. posty putting it through the wrong door)? or did it have their name and your address? In other words, how did their letter end up being opened by you and read by you?

As it stands this does not look like a serious breach. More like an accident.

somethingcorporate

holly_hobby wrote: »

Unforunately, if the letter wasn't actually addressed to you by name - you have also broken the data protection act by opening it and reading the contents.

Really???

The Data Protection Act applies to companies not to individuals.

Joe_Bloggs

From the Information Commissioner's Office

Receiving letters for someone else at your address

If you are receiving letters for someone else at your address you will need to send us:

• a copy of the letters you have received (where available) or the dates you received them; and
• a copy of the letter(s) or email(s) you sent to the sender to tell them they are sending mail to the wrong address.

There may be an wider scale clerical error or it could be a random one off occurrence.
J_B.

Senior_Paper_Monitor

Now now kiddies .......

No the OP did not commit an offence ender the Data Potection Act by opening the letter - If it was addressed to another party it is certainly childish to complain after you open it, but still not an offence, see Post Office Act 1953:

Criminal diversion of letters from addressee

(1)If any [F1person not engaged in the business of the Post Office] wilfully and maliciously, with intent to injure any other person, either opens or causes to be opened any postal packet which ought to have been delivered to that other person, or does any act or thing whereby the due delivery of the packet to that other person is prevented or impeded, he shall be [F2liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding six months or to both]
(2)Nothing in this section shall apply to a person who does any act to which this section applies where he is parent, or in the position of parent or guardian, of the person to whom the postal packet is addressed.


So it's only illegal if you're doing it "with intent to injure" i.e to steal someone else's mail, not if you're unaware that it is their mail or even aware and trying to help them, which in effect the OP might claim to be.

The Bank of Ireland trades in the UK and is registered


Registration Number: Z2076174
Date Registered: 11 May 2010 Registration Expires: 10 May 2012

Data Controller: BANK OF IRELAND (UK) PLC

Address:

BOWBELLS HOUSE
1 BREAD STREET
LONDON
EC4M 9BE

and


Registration Number: Z495228X
Date Registered: 12 June 2002 Registration Expires: 11 June 2012

Data Controller: BANK OF IRELAND

Address:

BANK OF IRELAND GOVERNOR AND COMPANY
1 BOW BELLS HOUSE
1 BREAD STREET
LONDON
EC4M 9BE

and now, have they breached the act ?

Possibly. if it can be proved they were negligent (negligent is not the same as making an error) in addressing the correspondence incorrectly

but the level of any theoretical offence - minimal.

My general comments:

1) get a life !

2) do what I'f like anyone else to do if they get my mail in error - pop it in an envelope addressed to me with the briefest of explanatory notes and leave it to me to get upset with the sender if I think they've screwed my life up, 'cos it certainly hasn't harmed theirs !

holly_hobby

This was updated in Postal Services Act 2000 s84 refer -

84 Interfering with the mail: general.E+W+S+N.I.

(1)A person commits an offence if, without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.

(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.

(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.

(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Holly