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CSA DPA Breach/Professional Confidentiality Breach

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  • CSA DPA Breach/Professional Confidentiality Breach

    Hi Guys!

    As many of you may know, I have three children by my former partner aged 23, 16 and 13 and two (now) by my current Wife aged 5 years and 10 weeks.

    In December I called the CSA to inform them of the birth of Cacha on 7th Dec and ask for a reassessment of the liabilities in the case. They took the details but informed me that until Child Benefit was being paid for the new baby they would not proceed. No problem says I, I will contact you when this is the case.

    February 1st, not long after my Wife applied for Child Benefit, the CSA decided that they needed to confirm the Birth, the spelling of the name and various related details... so they made a phone call to speak to me or my Wife (!!!) - and made it to my ex-Wife's phone number. They got my 16 year old daughter who they then badgered, despite her objections, into answering their questions; telling her that as she was my daughter she could speak to them!!

    So - it may seem quite innocent unless you know your rights... here's what they did wrong.
    • They called the wrong number - on realising this they should have ended the call with no questions.
    • They wanted to speak to either me or my Wife - my personal data is MINE, and my Wife is not in any way involved in the case.
    • Having failed to speak to me or my Wife, they spoke to a minor WHO IS INVOLVED IN THE CASE.
    • They performed no security checks or identity verification AT ALL. Zilch. Nada. Zip.
    • They failed to take account of the possible existence of sensitivities, conflict or other issues in the relationship between myself and my ex and/or my children... indeed had we not been close, it's possible that my children may not even have KNOWN about Cacha's existence!

    The CSA have a professional duty of care to me (and indeed to my ex and our kids), and they have legal obligations under the Data Protection Act.

    I am treating this as an extremely serious breach of both The Act and of that duty of care... and BOY am I pi55ed!!!

    Tom
    I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
    Over £1200 claimed in several actions against several organisations.
    Tags: None

  • #2
    Re: CSA DPA Breach/Professional Confidentiality Breach

    Completely understand why you are pi55ed. The CSA have NO idea what the circumstances are between you and the three you pay CSA for at all.

    Have you been in touch with the ICO ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: CSA DPA Breach/Professional Confidentiality Breach

      Yeah I emailed them this morning and enclosed a copy of the letter I sent to the CSA and an ICO complaint form. Here's hoping that something gets done.

      GRRR!! Default colour for my posts seems to be pale grey all of a sudden?!

      Tom
      I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
      Over £1200 claimed in several actions against several organisations.

      Comment


      • #4
        Re: CSA DPA Breach/Professional Confidentiality Breach

        I would hope so. This type of breach could have been extremely serious consequence wise. I hope they see it that way.


        Your type looks black (or dark grey) to me - none of the settings have changed so must just be a glitch - let me know if it carries on xx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: CSA DPA Breach/Professional Confidentiality Breach

          Unfortunately this is not an extreme case. The CSA are shockingly bad at doing their job.

          Just google csahell or Mr Daz and you'll soon see exactly what I mean.
          I have problems with the CSA and have had for the last 5 years. They take no notice of the non resident parent and beleive everything that the parent with care says, unless of course the parent with care is male!!!

          Comment


          • #6
            Re: CSA DPA Breach/Professional Confidentiality Breach

            Myself, I try not to generalise... and this is to be fair the first occasion I have had for a very serious complaint. (I've been under CSA jurisdiction for close to ten years). However, I feel that too many people either complain to the wrong agency, or don't complain at all, to blame the CSA entirely for the current state of affairs. I take care to make complaints whenever I am wronged by an organisation and if complaints are not sufficient to the task I engage the assistance of a legal professional or take legal action myself.

            I do feel that this (while not a sustained campaign of wrong by the CSA) is a very serious wrong which absolutely must be righted.

            Tom
            I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
            Over £1200 claimed in several actions against several organisations.

            Comment


            • #7
              Re: CSA DPA Breach/Professional Confidentiality Breach

              Wow. The CSA upheld my complaint, identified the "single junior worker" who did this by mistake, and "have taken the appropriate action".

              Now get this...

              They gave me £75 in compensation!!!! I never even asked for it!

              Pretty pleased with the outcome all told; although I have an abiding mistrust of them in general so I'll always be wondering whether or not they have done what they said.

              Tom
              I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
              Over £1200 claimed in several actions against several organisations.

              Comment


              • #8
                Re: CSA DPA Breach/Professional Confidentiality Breach

                That is great news, I hope appropriate action means better training for junior staff before they let them loose on the phones as in different circumstances to yours this could have been utterly devastating.

                Can you FOI the ICO for training manuals for junior staff I wonder?
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: CSA DPA Breach/Professional Confidentiality Breach

                  The CSA you mean lol. I bet I could but I'm going to leave it at that.

                  Tom
                  I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
                  Over £1200 claimed in several actions against several organisations.

                  Comment


                  • #10
                    Re: CSA DPA Breach/Professional Confidentiality Breach

                    lol, oops, yes I did mean CSA.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: CSA DPA Breach/Professional Confidentiality Breach

                      Originally posted by StoneLaughter View Post
                      Wow. The CSA upheld my complaint, identified the "single junior worker" who did this by mistake, and "have taken the appropriate action".

                      Now get this...

                      They gave me £75 in compensation!!!! I never even asked for it!

                      Pretty pleased with the outcome all told; although I have an abiding mistrust of them in general so I'll always be wondering whether or not they have done what they said.
                      Great News StoneLaughter, well done on hunting them down and getting a result.

                      Crispy

                      Comment

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