Credit card company - data protection breach!

pembeprincess

Hi there. I am trying this site/forum in the hope someone might have some good advice?!

My sister in law has a credit card with RBS - on Friday they used her work phone number (a school) and asked to speak to her, but only used her Christian name. As a result another member of staff with the same Christian name came to take the call. The RBS member of staff then went into detail about how much money is owed, the balance, past payments, full details and what is now required. The member of staff with the same name was so confused & felt the RBS staff member was so pressured that she almost paid it all before realising it wasn't for her!!

As a consequence, all my sister in laws colleagues are now talking about her financial situation, know how much she owes on her credit card and that she must be struggling because she's missed payments! This is terribly undignified and stressful to the point where she is dreading going back to work on Monday!

This has got to be a data protection breach? If so, what can she do and how should she proceed?

Thanks in advance :-)

mo786uk

Take down notes of what happened

Make a complaint to RBS.

She can also make a compalint to the ICO who are responsible for DPA breaches.

In reality I doubt much will happen. The ICO may have a word with RBS if they have records of this happening multiple times.

It does sound poor practice because banks are notoriosu for maiing you jump through hoops and Natwest do it to me everytime (aprt of RBS).

pembeprincess

Thanks for that - I do feel angry on her behalf. Times are hard for so many people and it's very cruel to resort to dirty tricks like that. I think it's forgotten that there is a human being attached to an account number!!!

wealdroam

As well as the above, you sister-in law should be quite annoyed with the member of staff who spread her confidential information around all her colleagues.

Because that definitely was not accidental, whereas RBS's action may've been.

Techhead_2

pembeprincess wrote: »

Thanks for that - I do feel angry on her behalf. Times are hard for so many people and it's very cruel to resort to dirty tricks like that. I think it's forgotten that there is a human being attached to an account number!!!

Cruel? Dirty Tricks? What do you mean by that?

Are you suggesting that RBS did this intentionally.

omen666

pembeprincess wrote: »

Thanks for that - I do feel angry on her behalf. Times are hard for so many people and it's very cruel to resort to dirty tricks like that. I think it's forgotten that there is a human being attached to an account number!!!

No dirty tricks here is there really?

unholyangel

From ICO's website:
Q: I am unhappy with the way an organisation has dealt with my complaint about personal information. What do I do?

There are a number of options available - you can contact the ICO directly and ask us to make an assessment. You can write to your local MP with the matter or you can take the case directly to court.

Q: I think a data controller has breached the Data Protection Act. What can I do?

Under Section 42 an individual has the right to make a complaint to the Information Commissioner's Office.

This is the sixth data protection principle, and the rights of individuals that it refers to are:

a right of access to a copy of the information comprised in their personal data;
a right to object to processing that is likely to cause or is causing damage or distress;
a right to prevent processing for direct marketing;
a right to object to decisions being taken by automated means;
a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
a right to claim compensation for damages caused by a breach of the Act.

pembeprincess

Thank you unholyangel for such a constructive and helpful response. I will pass this to her today.

As for the Q's around my comment 'dirty tricks' - which is also a phrase commonly used for an unethical or illegal practice/tactic.... it is a clear breach of DP laws (and a distressing experience for her) and hence I do not feel 'dirty trick' is wildly inaccurate. This was my first post on this website & came here looking for some real financial knowledge & advice, thankfully received by some helpful members above.

unholyangel

pembeprincess wrote: »

Thank you unholyangel for such a constructive and helpful response. I will pass this to her today.

As for the Q's around my comment 'dirty tricks' - which is also a phrase commonly used for an unethical or illegal practice/tactic.... it is a clear breach of DP laws (and a distressing experience for her) and hence I do not feel 'dirty trick' is wildly inaccurate. This was my first post on this website & came here looking for some real financial knowledge & advice, thankfully received by some helpful members above.

I've had a similar problem with another company. I had to travel down south as a family member was ill. While away they discussed EVERY detail of my account with neighbours and my parents (they were calling my parents and went to their door even though I havent lived their for years). While i admit it was my fault for missing 2 weekly payments due to being elsewhere, I wasnt happy with their handling of it.

I got the agreement cancelled as compensation for this. The company was brighthouse. What can i say, i was young and they didnt provide a full breakdown of how much would be repayable. If i had known I'd be paying twice as much in interest as i would for the actual product, I never wouldve agreed. But as they say, you live and learn.

You should also be able to ask that they dont contact your sister in law at work and in fact, should be able to request they delete her work phone number.

Not sure how much money we're talking but she could also look into getting a new card with 0% balance transfer for 17-22 months (depending which card). Would give her longer to pay it off without paying so much in interest, meaning she'd pay it off faster.

After all, if you're paying £350 a month and £150 of that is going to interest.......thats £150 thats not going towards the debt and if it were, you'd be clearing it off nearly twice as fast. Barclay have a good low interest rate one from what i remember (for purchases) with a 20 month (i think) 0% balance transfer. If she still hasnt paid it off when 0% runs out, apply for another card and transfer the balance again.

pembeprincess

She has made some phone calls today it seems & been given some fabulous support from the ombudsman. They have broken it down into a few catagories and are going to deal with the bank direct on her behalf. I think they mentioned requesting no contact in work too - so sounds like she will be looked after now.

Thanks again for the helpful words - it is well out of my area of knowledge!

Techhead_2

I would still advise not making 'cruel dirty tricks' part of your complaint. The phrase has a different meaning than that which you believe and using it will hinder her, in my opinion, valid complaint for breach of the data protection act.