Debt collection, does the data protection act apply to individuals?

rtho782

Trying to clear up a disagreement I'm having with a friend...

He has debts, debt collection agencies are involved. Debt collectors visited him, he didn't answer, they spoke to neighbors, asked where he worked, neighbors told them. Now debt collectors are hassling him at work, he feels his job is at risk.

He thinks he can sue someone (I'm not quite sure who, either debt collectors or neighbors I guess) for releasing his "personal data" as it is a "breach of the data protection act".

I think he's crazy, they were not holding data on him under some sort of agreement, if that's the case, then me telling my wife anything about him is also a breach of the act.

I work with him and he goes on about this constantly now, I'd love to be able to tell him he's completely wrong and end the discussion

[Deleted User]

You're right. He's crazy.

rtho782

Deleted_User wrote: »

You're right. He's crazy.

Thanks, but where is this stated? The act itself doesn't seem to have anything in it limiting it's scope, I'd love to be able to show him such a clause!

[Deleted User]

This should answer most of his questions. Especially the first line.

https://www.gov.uk/data-protection/the-data-protection-act

rtho782

Yeah, I was just reading the text of the act itself and it seems to only apply to "data controllers" and "data processors" as defined in the act.

At what point does it start to apply though? If the neighbor also worked for the same company - and therefore the knowledge came from work, in the sense that they knew where he worked due to where they work - is it then relevant?

How do you separate what someone is saying personally from what they are saying on behalf of a business they represent?

[Deleted User]

If they were acting in their employed capacity, it would apply. But being aware that he worked in the same company would be his own personal knowledge, not company data.

Thrugelmir

rtho782 wrote: »

He thinks he can sue someone

Ask him how he intends funding such an action.

rtho782

Thrugelmir wrote: »

Ask him how he intends funding such an action.

Probably more credit!

mcpitman

Deleted_User wrote: »

You're right. He's crazy.

Agreed, nuttier than squirrel faecal matter :rotfl:

GingerBob_3

There's a serious point to this one. If someone rolled up on my doorstep asking questions about the neighbours I would give them short shrift, especially if it transpired that they were scum.

Smodlet

A few months ago, one of these Debt Collecting types rocked up on my doorstep asking about the person who used to live next door to me. He wanted to know where he had moved to, contact number, everything, yet did not seem even to know her gender (she has one of those names which can be given to both) He would give no information at all other than his name, which he gave as Mr. Whatever. Don't we usually give our full names?

From watching a certain "documentary" on the fifth channel, I quickly realised what he was, (I know, the shame of admitting one watches such) told him I would give him no information and closed the door.

A week or so before his visit, a questionnaire was hand-delivered asking all the same stuff, which stated specifically that the Data Protection Act does not apply in such circumstances. (I thought the Act applied only to information held electronically?)

As soon as this individual had gone I called my former neighbour to inform her. She responded that "they would catch up with her one day." I urged her to contact the actual creditor but she has not had her LBM yet.

I doubt this is of any use at all but am interested in the legalities of this situation.