Breach of Data Protection

Jasmyne

Morning everyone,

I'm looking for some advice and wondered if any of you may have experience with anything similar.

Last week I had my car serviced at a main dealership. The man on the desk was really friendly and polite (possibly flirting a little). Last night to my horror I had a text message from him. I never gave him my number or permission to do this (I have a partner). He has obviously taken my number from his work. I'm petrified now as he clearly also has access to my address, work numbers and car details. I live on my own in the middle of no where and I'm scared he might turn up.

Is this a breach of data protection?? What can I do??

thanks in advance.

Flyboy152

Jasmyne wrote: »

Morning everyone,

I'm looking for some advice and wondered if any of you may have experience with anything similar.

Last week I had my car serviced at a main dealership. The man on the desk was really friendly and polite (possibly flirting a little). Last night to my horror I had a text message from him. I never gave him my number or permission to do this (I have a partner). He has obviously taken my number from his work. I'm petrified now as he clearly also has access to my address, work numbers and car details. I live on my own in the middle of no where and I'm scared he might turn up.

Is this a breach of data protection?? What can I do??

thanks in advance.

Welcome to the forum Jasmyne, I hope that we can be of some help you.

Your first thought about data protection breaches is spot on. This person is not using your information with anything connected to its original purpose.

On top of that, his advances could be considered to be harassment. Do not, under any circumstances, respond to any communication from him, but inform the dealership and tell them that if he continues to contact you, you will inform the police and let them deal with it.

P.S. What did the text say? Because I am only assuming it was of a personal nature.

halibut2209

I disagree. Tell him not to contact you. If he does, then approach the dealership. The guy made a silly mistake and tried his luck.

This of course depends on the text. If it was obscene or offensive, then go straight to the dealership. If it was "It was nice to meet you. How about a drink sometime?", then a polite refusal would go a long way. No point in jeapordising his job over a sill mistake.

Flyboy152

halibut2209 wrote: »

I disagree. Tell him not to contact you. If he does, then approach the dealership. The guy made a silly mistake and tried his luck.

This of course depends on the text. If it was obscene or offensive, then go straight to the dealership. If it was "It was nice to meet you. How about a drink sometime?", then a polite refusal would go a long way. No point in jeapordising his job over a sill mistake.

This has as much to do with his job being at risk, as it is putting the dealership's ability to process data at risk. If they lose their ability to do so, they will not be able to operate as as a business. If this is not the first time he has done this, it certainly won't be the last. If any employee at my business did this, they would be out on the ear.

If Jasmyne contacts him, it could be considered to have encouraged him to maintain contact and would not look good if a case of harassment was brought.

xazvia

I would tell him I was not interested in his advances as I have a partner. If he continues to contact you in any way call the cops.

halibut2209

Flyboy152 wrote: »

If any employee at my business did this, they would be out on the ear.

Exactly, that's why the OP should consider whether that's the best course of action. Only she knows the content of the text and the discussions she had with the person at the dealership. If she feels it over the line, then report it. If she feels it's a guy who does like her and is simply asking her out, then a simple "No thanks, I have a partner" should nip it in the bud

Flyboy152 wrote: »

If Jasmyne contacts him, it could be considered to have encouraged him to maintain contact and would not look good if a case of harassment was brought.

Poppycock. The exact opposite is true. In order to bring a case of harrassment, you need to show that you've told the other person to stop. NOT doing that is what wouldn't look good.

halibut2209

Of course, in order for the OP to PROVE that he got her number from work, she WOULD need to contact him to ask where he got it. Otherwise he could just say "She gave it to me", and it's her word against his.

Flyboy152

halibut2209 wrote: »

Exactly, that's why the OP should consider whether that's the best course of action. Only she knows the content of the text and the discussions she had with the person at the dealership. If she feels it over the line, then report it. If she feels it's a guy who does like her and is simply asking her out, then a simple "No thanks, I have a partner" should nip it in the bud

But this is not just someone asking a friend for her number and calling her. This is data obtained from her personal records at the the dealership. It holds several other aspects of her personal life to which Jasmyne appears to be very concerned about.

I'm petrified now as he clearly also has access to my address, work numbers and car details. I live on my own in the middle of no where and I'm scared he might turn up.

Poppycock. The exact opposite is true. In order to bring a case of harrassment, you need to show that you've told the other person to stop. NOT doing that is what wouldn't look good.

And the wording of such communication is extremely important (hence the reason I highlighted "could"), that is why it is best to do it though a third party, i.e., his employer, the owner of the data.

Flyboy152

halibut2209 wrote: »

Of course, in order for the OP to PROVE that he got her number from work, she WOULD need to contact him to ask where he got it. Otherwise he could just say "She gave it to me", and it's her word against his.

There would be absolutely no reason for her to do that. That would most cetainly fall outside of your concept of:

you need to show that you've told the other person to stop. NOT doing that is what wouldn't look good.

Crazy_Jamie

Flyboy152 wrote:

On top of that, his advances could be considered to be harassment.

halibut2209 wrote:

In order to bring a case of harrassment, you need to show that you've told the other person to stop.

Neither is strictly true. On the first point, harassment has to be a course of a conduct, so a single text cannot constitute harassment. On the second, there is no requirement of any kind to show that you've told the other person to stop. Obviously it crops up in a lot of cases, but it is not a requirement.

Flyboy152 wrote:

If Jasmyne contacts him, it could be considered to have encouraged him to maintain contact and would not look good if a case of harassment was brought.

If her contacting him is a rebuttal, there is no chance it could be construed as encouraging him. You state that the wording is 'extremely important', which of course it is, but at the same time it's not rocket science. A clear rebuttal is not going to adversely affect any subsequent harassment action.

This has already been touched upon, but personally my approach here would depend on the nature of the text. If it was simple and friendly, I would simply send a text telling you have a partner, and asking him not to contact you again. If the text was offensive or abusive, I would go directly to his employer. But there is no need to make more of this than it is.

arcon5

So you both had a bit of a flirt then he text you..

Hold on here, maybe not the best move in the world on his part, but talk of harassment or going to his employers perhaps a little bit of an over reaction?

Either ignore it and hope he gets the message or reply 'sorry, my boyfriend wouldn't be too impressed with that'. If he then persists you can take it further. But for now lets not blow this out of proportion