Data Protection Act breach - serious legal matter

johnisworried

Hello,

I recently discovered, after obtaining a subject access report, that a bank has been talking to another bank about me, basically telling them I am someone who likes to complain and that I am a customer of theirs. Does anyone know if this is slander/defamation of character? The subject access report shows that they created such an image of me in this other bank’s minds as a serial complainer that it coloured their opinion of me. The report also states that the bank who have been slagging me off have told several other banks the same thing.

What can I do? Claim recompense? Sue them?

Saints2011

Sounds pretty right to me, from this post haha.

What does it say?

johnisworried

Something like "Be warned, customer is a self-confessed serial complainer who has made complaints to several other companies..."

BugsyBrowne

Oh will you stop complaining if not I will tell the mods.

MoneySaverLog

What reason would Bank A have to talk to Bank B or any other bank in this way?

Yes said bank could be in trouble if you did not give them permission to speak to the other bank. If you did give permission was what was said accurate reflection or not? If you can show it's not and paints you in a negative light then possibly there's a case of libel (assuming what was said was written) but going to be expensive to bring any civil case.

Dr_Cuckoo3

Was the disclosure to the other bank unsolicited , what reason did they have for doing so ?

If you take legal action against a bank and they instruct solicitors , bear in mind several banks use the same firm of solicitors and they will have knowledge of you

That solicitor could easily warn it's other clients of you

mynameistallulah

johnisworried wrote: »

Something like "Be warned, customer is a self-confessed serial complainer who has made complaints to several other companies..."

Where did they state this, for what reason did they communicate with the other bank(s)?

You do come across as a serial complainer ...

lolavix

Why would they be talking to another bank about you anyway?

If it was authorised that they could discuss your relationship and they have stated that you have complained a lot (assuming you have!), they are just giving them the data they hold so it wouldnt be slander. If they discussed it in more personal terms rather than just facts then you may be able to do somehting

meer53

But you admit to being a "self-confessed serial complainer" !

JuicyJesus

If they have the right to share your data with other institutions in their T&Cs, they can do so. So no foul there if that is the case. Also, under the DPA, information they store must be factual and relevant. Such information as you describe is definitely relevant, and it could well be factual.

I don't think we really have enough details to go on here. Are you a serial complainer? Why were you doing an SAR? What exactly did these files say and which bank(s) is/are concerned here? Also, it's doubtful that they would offer up this information just for the hell of it. What context was the bank sending this information in?

johnisworried

"But you admit to being a "self-confessed serial complainer""

Well no I don't. As far as I'm concerned I'm passionate about my consumer rights and fight tooth and nail to protect them. It's purely their assessment of me there, based on a blog they somehow found which was highly fictionalised.

they did not have my permission to talk about me to third parties, or to tell other banks I was their customer. I've also just gotten a subject access report from them - no mention of their talking about me to other banks in there, so they obviously don't know I've discovered this fro another bank, or it was all said 'by mouth.'