Gdpr Breach

AntF1985

Hi

Please advise.

Was looking at buying a used car from Peugeot.

Submited details online via website, and was contacted by salesman.

Agreed to go view a car, but due to unforeseen circumstances, had to cancel, and called to do so.

2days later, I started being harrassed by text message, for not going and buying said car.

It turns out, the salesman had took my details home with him, and used his personal phone to contact me, as he had lost a sale, using phrases like, 'take it your not bothered' and 'courtesy cost's nothing'

Understandably, I'm so angry this has been allowed to happen, and the distress caused has been unreal, does he have our address also? Will he come to the house next? My daughter was rushed to hospital that week, and this was the last thing we needed with the stress we was already under.

I've complained to Peugeot, and their Data Protection Officer, has been in touch who have confirmed that not only has the employee broken their policies and procedures for GDPR, and is currently under an internal investigation.

Part of their response was...

'I have now been able to get all input I need and can confirm that the actions of this individual were completely outside of our company policies. All our employees are trained on the requirements of the General Data Protection Regulation (GDPR) and how they apply to our business and we also have a policy in place which expressly prohibits the storing of customer data on personally owned devices. This particular policy has been in place for some time and has only recently been re-circulated, acknowledged and agreed to by our employees, including the individual who contacted you using his personal device. We also have company systems in place to ensure that employees do not need, for any reason, to use their own personal devices for work purposes.'

Where do I go from here.

I've not really had an apology.

Should the police be involved, has he broken the law?

Would the DPO for Peugeot automatically send this to the ICO?

Do you think I have a legal case for compensation, and how should I persue if yes?

Thanks in advance

Aylesbury_Duck

How much do you want?

Apart from anything else, I'd fine him for some shocking grammar.

davidmcn

Aylesbury_Duck wrote: »

Apart from anything else, I'd fine him for some shocking grammar.

Indeed.

I can't see that the OP has suffered any loss meriting compensation.

I'm also not sure why it matters to the OP which device the salesman used. It's pretty standard these days for people to be able to access work data at home, and to use their own devices for work purposes - so I wouldn't have said it's necessarily a GDPR breach on that basis alone.

Those certainly sound like inappropriate messages to send, but that's a customer service matter. Not a criminal one anyway.

Gavin83

AntF1985 wrote: »

Where do I go from here.

What do you want? If you want an apology ask for one. You might get it, you might not.

AntF1985 wrote: »

Should the police be involved, has he broken the law?

No, it's not that kind of law.

AntF1985 wrote: »

Would the DPO for Peugeot automatically send this to the ICO?

If the DPO determines that a breach has taken place then yes, it should be reported. I'm not even entirely sure this constitutes a breach but even if it does it's unlikely to result in a fine.

AntF1985 wrote: »

Do you think I have a legal case for compensation

Likely not. What losses have you suffered?

KatrinaWaves

In future, to prevent such distress, report after the first message and block them from your phone. I believe most modern mobile phones have this feature:money:

sheramber

I would be more concerned about him hassling me than a GDPR breach.

Potbellypig

Do you still not fancy buying the car?

bris

I don't get how this is a breach of GDPR, in fact I'm pretty sure it isn't.


A breach would be revealing your details to other parties outside the organisation.

In this case all a salesman has done is follow up on a sale, like others do on a daily basis.


There is a huge difference between company policy and an actual GDPR breach.

AntF1985

Hello everyone,

Thanks for all you're(oops, get the grammar police), your* 'constructive' feedback and help.

Just for clarity...

The messages from the salesman happened in a short space of time, late one evening, while he was at home, from his personal device.

When I complained to peugeot the next day, I left it in their hands.

They forwarded it to their DPO, in the original complaint to them, GDPR wasn't mentioned.

In the DPOs response to me, they quoted their own websites privacy page, and admitted that the employee had broken all policys procedures etc.

I'm not an all singing all dancing encyclopaedia of knowledge on this kind of thing, which is why I asked a few simple questions, hoping to get some grown up adult responses.

I think its perfectly reasonable to assume if a big company like Peugeot gets their DPO involved, and the DPO admits fault personally to you, then GDPR has been breached, broken, not adhered to, clearly, by your responses, this is not a reasonable assumption, and you have responded to me like I'm an idiot or fool for thinking so, I can only thank you for this.

Finally, to those that don't think that having a daughter, admitted to hospital, seriously poorly for over a week, isn't a 'real actual problem', karma will get you, and when it does, I hope you suffer you heartless piece of

wesleyad

pulliptears wrote: »

Sounds very much like he did. Are you always this understanding or do you just make exceptions for new posters?

Isn't that point though. Whilst going through all that having a daughter in hospital, why on earth would anyone give two hoots about some texts from a salesmen they'd initially contacted?

Some things need to be let go of else life becomes one big stress and you have a crap time.

Takmon

AntF1985 wrote: »

Finally, to those that don't think that having a daughter, admitted to hospital, seriously poorly for over a week, isn't a 'real actual problem', karma will get you, and when it does, I hope you suffer you heartless piece of

What? I can't see any post in this thread that says anything remotely like that ?