Breach of Data Protection Act

Innys · 18 May 2010 at 8:45PM

Hi guys

I would like your opinions.

My bank has released the details of my bank balance to a third party without my authorisation.

I have complained about this and they admit they have done it, though not that they have breached the DPA. I think it's a pretty clear cut case of a breach.

Anyway, they have offered me £250 compensation. Personally, I don't think that's enough as they have broken the law, Plus, think of the number of times we've all heard "Sorry, I can't tell you that because it's a breach of the DPA" by some idiot jobsworth - yet here a bank clearly has done just that and wants to pay me off with £250. Seems an insult to me and I'm tempted to tell them to stick it.

What do you guys reckon?

Thanks

I

Olipro · 18 May 2010 at 8:49PM

threaten to take it to the Information Commissioner and see if they up the ante

opinions4u · 18 May 2010 at 8:54PM

When I was a branch manager for a bank a few years ago, I had a similar issue where a member of staff inadvertently gave account information to an unauthorised third party.

I offered an apology and £50 in an effort to settle the matter, but the customer declined this.

I contacted my complaints department who said the the Ombudsman would typically see a sum of £200-£250 as an appropriate level of compensation where no wider damage had been caused by the breach.

Although I thought the sum was high at the time, and the customer quickly accepted £250, it would seem that this is the "going rate" so the sum offered to you is not unreasonable.

If you have been damaged in a significant way by the breach, then you could perhaps push for more, but in most circumstances it is unlikely that you will have had any loss caused.

some idiot jobsworth

You mean somebody doing their job to comply with the legislation that you think is so important?

£250. Seems an insult to me and I'm tempted to tell them to stick it.

Your choice. Do you want £250, nothing, or a different sum? You could go to the Ombudsman and wait 12 months for them to make an order of £200 in compensation.

I'd take the £250 now.

Olipro wrote: »

threaten to take it to the Information Commissioner and see if they up the ante

If it boils down to a staff member making a genuine mistake, what do you really expect / want them to do?

If it's a case of some sort of systematic failing that is rife throughout the organisation, then they may be more interested.

zppp · 18 May 2010 at 9:06PM

opinions4u wrote: »

When I was a branch manager for a bank a few years ago, I had a similar issue where a member of staff inadvertently gave account information to an unauthorised third party.

I offered and apology and £50 in an effort to settle the matter, but the customer declined this.

I contacted my complaints department who said the the Ombudsman would typically see a sum of £200-£250 as an appropriate level of compensation where no wider damage had been caused by the breach.

Although I thought the sum was high at the time, and the customer quickly accepted £250, it would seem that this is the "going rate" so the sum offered to you is not unreasonable.

If you have been damaged in a significant way by the breach, then you could perhaps push for more, but in most circumstances it is unlikely that you will have had any loss caused.

You mean somebody doing their job to comply with the legislation that you think is so important?

Your choice. Do you want £250, nothing, or a different sum? You could go to the Ombudsman and wait 12 months for them to make an order of £200 in compensation.

I'd take the £250 now.

I agree woth opinions4u, I had a situation last year where all of my personal data was lost by my employer, including all of my bank details, my personal info, national insurance number etc. I never even thought of asking for compensation. I think that an offer of £250 is fair enough.

Plus, think of the number of times we've all heard "Sorry, I can't tell you that because it's a breach of the DPA" by some idiot jobsworth - yet here a bank clearly has done just that and wants to pay me off with £250.

IMO Re the 'some idiot jobsworth' comment I really think you need to look at your attitude. At least the majority of people you have spoken to have done their job and uphold the DPA98.

MrsManda · 18 May 2010 at 9:18PM

Take the money and the apology. From what you've said, you haven't suffered financial loss so anything you get is a bonus. No one is likely to award you anything else. A complaint to the information commission won't get you any money as:

We cannot award you compensation or punish an organisation for breaking the law. Our main aim is to get the organisation to change the way it works so that it handles personal information properly in the future.

ICO.gov complaints