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Creditors meeting concerns over GDPR?

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  • Creditors meeting concerns over GDPR?

    I attended a creditors meeting and was surprised that the Judge allowed the claimant creditor to ask me for my NI number and also phone details including landlines? I was also asked if I had broadband services? As well as my life insurance amount? All allowed by the Judge on the day? Whilst under GDPR laws and data protection it seems that nothing is beyond a reasonable request and quite a concern? I have complained to the courts further to the GDPR issues and questioned the use of such information by the individual creditor claimant concerned!
    Tags: None

  • #2
    Originally posted by CPR88 View Post
    Iattended a creditors meeting and was surprised that the Judge allowed the claimant creditor to ask me for my NI number and also phone details including landlines?
    You were summoned to answer questions to enable the person to whom you have been ordered to pay money to find out about your finances to ascertain the best means of enforcement given your apparent determination not to pay.
    Originally posted by CPR88 View Post
    I was also asked if I had broadband services?
    Were you?
    Originally posted by CPR88 View Post
    As well as my life insurance amount?
    What is the question?
    Originally posted by CPR88 View Post
    All allowed by the Judge on the day?
    The answer seems to be yes, the judge allowed those questions
    Originally posted by CPR88 View Post
    As under GDPR laws and data protection it seems that nothing is beyond a reasonable request and quite a concern?
    That is not a question
    Originally posted by CPR88 View Post
    Whilst I have complained to the courts further to the GDPR issues and questioned the use of such information by the individual creditor claimant concerned!
    Do please report back.

    Moving on from my annoyance about your ending every sentence with a question mark, GDPR and Data Protection legislation is about the use and processing of personal data. It does not prevent such data being requested or obtained. Personal data must be used for lawful purposes only, and enforcing a judgement will be one such lawful purpose. Your judgement creditor and the court are otherwise subject to GDPR/Data Protection Act constraints.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      https://www.citizensadvice.org.uk/de...your-finances/

      Comment


      • #4
        He was told that, in one of his previous threads.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          You were summoned to answer questions to enable the person to whom you have been ordered to pay money to find out about your finances to ascertain the best means of enforcement given your apparent determination not to pay.Were you? What is the question? The answer seems to be yes, the judge allowed those questions That is not a question Do please report back.

          Moving on from my annoyance about your ending every sentence with a question mark, GDPR and Data Protection legislation is about the use and processing of personal data. It does not prevent such data being requested or obtained. Personal data must be used for lawful purposes only, and enforcing a judgement will be one such lawful purpose. Your judgement creditor and the court are otherwise subject to GDPR/Data Protection Act constraints.
          Thank you and my apologies about using question marks when I wanted to ? It seems that GDPR does have constraints within a a creditor debtor meeting and something that raises more concerns, unless everything a judgement creditor does is towards obtaining a further judgment! I guess the question is how do you determine if the request for personal information relates to a further court action?

          Comment


          • #6
            GDPR is often misunderstood or misrepresented.

            Data can be collected proportionate to need, for a legitimate purpose, for the right person. Once collected, it must be protected and not leaked/ used for illegitimate purposes.

            I'm not seeing anything nefarious here.

            The NI number should be person unique. A mobile contract or landline number associates you with your asserted name and address.
            Not one ne of those attributes in isolation is a secret in any practical sense. Each one of them could be obtained through public domain information, talen from the phone book, or even picked at random. So GDPR has to consider proportionality - do the creditors really need a combination of 4 attributes (name, address, NI number and landline number) to stop any of them confusing your data with someone else's?

            Google "identity profiles" on gov.uk and you'll see how a chain of paperwork can be used to improve confidence that the organisation is looking at the correct person, who has a verifiable identity.

            Comment


            • #7
              Thanks appreciated

              Comment


              • #8
                In relation to the question at the end of your post #5, did you ask at the time whether the questions would serve that purpose and how?
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

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