OR access to personal email

seahorse2012

Hi! I was recently declared bankrupt. I noticed that among the assorted forms that I was asked to sign was a DPADA form giving my consent for the OR to receive “ANY personal data” held about me under the Data Protection Act should it be required as part of their investigation into my affairs. I gather that this form is fairly routine (though I dont think everyone gets asked to sign one) and I supposed that its purpose was for them to e.g. obtain copies of my statements and bills etc. What I’d like to know though is whether by signing this form I have also given the OR permission to review my emails (hotmail etc) should the OR wish to see them (even If they don’t routinely do so) as its my understanding that email communication is also covered by the Data Protection Act and I must say the permission they seek in this form seems very sweeping to me!

Thanks to anyone who might have any expert knowledge or personal experience of this.

Mouse1812

The right to a private life under the Human Rights Act will cover that. I was worried they would redirect my post, but discovered they were no longer allowed to (without a court order) because of the HRA.

See 13.88 in this link

It is becoming increasingly difficult to obtain orders under section 371 due to the implications of the Human Rights Act 1998 schedule 1 article 8.Re-directing a bankrupt's mail constitutes a contravention of HRA98 schedule 1 article 8 (respect for private and family life, home and correspondence).

I recall they are also prohibited from asking for online log on details for the same reason, but a link eludes me at the moment.

seahorse2012

Thanks Mouse1812, the Human Rights Act aspect reassures me somewhat as needless to say I obviously don't at all like the idea that the OR might possibly be able to access stuff like my emails online - with or (especially) without further permission from myself - which naturally I would point blank refuse given that they're generally of a private and personal nature. Even so, I do still wonder whether the fact that emails are electronic data means that my having signed the DPADA form might mean that they are not as well protected as eg conventional mail. I still dont like the fact that the DPADA consent form would appear in principle to give them the right to access emails as it does say "ANY personal data" held about me under the Data Protection Act. As I understand it nowadays that covers a very broad range of information indeed. Ive no problem with e.g. my bank giving the OR email correspondence they have had from me of but what exactly remains off-limits when you are bankrupt? If lets say an ISP or webmail provider were to be presented with a copy of the DPADA form with my signature on it waiving my rights to privacy - whats to stop them sending the OR copies of all my stuff? After all my signature seems to say they have my permission! I hope the HRA would in practice actually prevent that sort of thing. How many people have actually been asked to sign one of these consent forms?

Anyway, I should say that I think my bankruptcy is a pretty straightforward one (LNI - so no interview even, which is great!) but as a general observation I have to say that while it is definitely a relief to have had the bankruptcy order made at the same time the whole thing seems to have left me feeling pretty shaken and vulnerable - especially after realising that the minutiae of my financial life over the past couple of years and most of this year are now potentially subject to so much scrutiny by a total stranger. Thank god for automatic discharge after one year. It must be dire for people in southern Ireland where they still have to wait a draconian 12 years!

Johno100

seahorse2012 wrote: »

Thanks Mouse1812, the Human Rights Act aspect reassures me somewhat as needless to say I obviously don't at all like the idea that the OR might possibly be able to access stuff like my emails online - with or (especially) without further permission from myself - which naturally I would point blank refuse given that they're generally of a private and personal nature.

I think you may change your tune if you were in front of a District Judge and facing the threat of a few days in your local HMP for failing in your duty to co-operate with the Official Receiver.

As you appear to understand the OR does not routinely seek access to your emails. They do not have the time or resources to do so. However, there are no doubt a few exceptional cases (the number increasing in the age of e-commerce) where email accounts may disclose details that are needed to protect the bankruptcy estate and investigate the affairs of the bankrupt (no not those type of affairs, if that is what you are worried about:D).

For example, lets say a bankrupt states in interview that he/she has not worked for several years and only their only income has been JSA. The OR reports to creditors and is then deluged with calls asking what has happened to the £10k's of stock they have supplied to the chaps/chapesses ebay business and the monies he/she made from that. In those circumstances if the bankrupt then fails to co-operate would it not be reasonable to contact ebay and the provider of any connected email account(s) to detemine the true situation?

Any ISP would as standard practice put up a fight and request a court order, as they would if the request came from the police, HMRC etc.

Johno100

Mouse1812 wrote: »

The right to a private life under the Human Rights Act will cover that. I was worried they would redirect my post, but discovered they were no longer allowed to (without a court order) because of the HRA.

See 13.88 in this link


It is becoming increasingly difficult to obtain orders under section 371 due to the implications of the Human Rights Act 1998 schedule 1 article 8.Re-directing a bankrupt's mail constitutes a contravention of HRA98 schedule 1 article 8 (respect for private and family life, home and correspondence).

You seem to have missed the last sentence,

This contravention may be justified under article 8(2) as it is in accordance with the law and with the legitimate aim of protecting the rights of creditors, depending on the individual circumstances of the case.

Mouse1812 wrote: »

I recall they are also prohibited from asking for online log on details for the same reason, but a link eludes me at the moment.

Be a bit difficult to confirm a bankrupt's story that he gambled his six figure inheritance away on online roulette in the last 12 months if the OR can't request access to the account details don't you think?

Mouse1812

The instructions are to approach the service provider direct, not via online logins, for all bank accounts, eBay and PayPal.

4.140 Internet and telephone bank accounts

The official receiver should not ask for the bankrupt’s password, pin number or security information. The official receiver should not access, or attempt to access the account through the internet or by telephone.

I would suggest the same holds for all online accounts of what ever nature.