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Is this a Data Protection Breach

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  • Thanks all for your feedback, some points below:

    1. The incorrect email address seems to have existed as there was no bounce back.

    2. The information sent to the incorrect address included:

    1. My name
    2. New bank information including a reference number.
    3. The size of my shares with the current bank and what they would have made with the new bank during the same time.
    4. Financial repercussions of this difference.
    5. Apology.
    6. Information on complaint resolution.
    7. Former bank details.

    I'm intrigued by point three. Care to explain?
  • alanq
    alanq Posts: 4,216 Forumite
    1,000 Posts Combo Breaker
    edited 3 November 2017 at 12:43PM
    Unless you are shown to have suffered a financial loss then the Ombudsman is only likely to award around £30 if the complaint gets that far. (But who knows what future losses may arise if information disclosed is misused).

    On the other hand there will also be a cost to the bank in dealing with the complaint and a black mark against it in the records.

    Apart from the initial blunder I would consider the misleading responses so far to be further cause for complaint. Being an ex-customer, the fact that the disclosure was made by email and the settlement of a previous complaint are irrelevant as far as I can see.

    Don't just speak to customer services raise a written complaint and unless satisfied escalate to the Ombudsman.
  • eskbanker
    eskbanker Posts: 37,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The incorrect email address seems to have existed as there was no bounce back.
    Emails to non-existent addresses don't necessarily bounce back, as it depends on the security configuration of the email server(s) concerned, so it's not supportable to conclude that the email was in fact delivered to someone else, and in any case you're presumably only taking Bank of Ireland's word for the lack of bounceback anyway!

    Having said that, BoI would still be breaching the Data Protection Act by using an incorrect email address (assuming the error was theirs and not yours), regardless of whether the email was actually delivered or not....
    Cotta wrote: »
    How can this now be considered a breach? It's really poor from the bank.
    That should presumably read 'not' rather than 'now'!
  • Bank of Ireland called, they have confirmed a data protection breach has occurred and have asked what I seek in return - what should I advise?
  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    Emails to non-existent addresses don't necessarily bounce back, as it depends on the security configuration of the email server(s) concerned, so it's not supportable to conclude that the email was in fact delivered to someone else, and in any case you're presumably only taking Bank of Ireland's word for the lack of bounceback anyway!

    Having said that, BoI would still be breaching the Data Protection Act by using an incorrect email address (assuming the error was theirs and not yours), regardless of whether the email was actually delivered or not....

    That should presumably read 'not' rather than 'now'!


    Indeed and corrected.
    Bank of Ireland called, they have confirmed a data protection breach has occurred and have asked what I seek in return - what should I advise?



    Bank of Ireland really are pathetic and this is typical of them, a complete 180 in the space of a morning.


    Not sure on what you can expect but from recommendations but a previous excellent recommendation I got on MSE whereby an amount was requested for me not being notified of the breach and another amount for the breach itself.
  • That's why I left them but how to close this off is the question?
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    It was Bank of Ireland, I just spoke to them and they have advised that "no real harm has been done, it would benefit both parties to close off this investigation," I'm left disappointed.


    Down with this sort of thing, careful now.
  • Bank of Ireland called, they have confirmed a data protection breach has occurred and have asked what I seek in return - what should I advise?

    Start the bidding at £250?
  • alanq
    alanq Posts: 4,216 Forumite
    1,000 Posts Combo Breaker
    edited 3 November 2017 at 5:58PM
    A post I made on another thread about misdirected snail mail. In that case the bank had failed to act on a request to change the address rather than mistyping it.
    alanq wrote: »
    Looking at the Financial Ombudsman's web site I see two cases of banks misdirecting mail.

    Mail sent to neighbour with whom there was a bad relationship (had been previously assaulted by him) causing severe distress. Awarded £200.
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/128/128-sensitive-data.html#cs1

    Mail sent to neighbour causing "trauma". Customer rejected bank's £50 offer and claimed £5,000. Ombudsman felt that the bank's offer was sufficient. That was 12 years ago so £75 seems about right now.
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/45/45_bankers_duty.htm
  • System
    System Posts: 178,351 Community Admin
    10,000 Posts Photogenic Name Dropper
    Some kind of actual damage would be required for anything more than a token amount.

    Their reply is a polite way of saying 'How much do you want to go away?'

    Treat it as such, give them an amount and then move on.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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