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Personal data breach

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  • Personal data breach

    Good morning.

    I am having ongoing issues with my ex-partner regarding child maintenance and access to my son, but that is not the point of this post. I pay as much as I can in child maintenance, but she seems to think I am sitting on a pot of gold and is always demanding more. She has told the CSA that I'm not paying her anything at all, which is a lie.

    Ever since we split up I have paid her regularly and a fair amount every month. But she is insisting the CSA get involved which I am reluctant to do as they take a fee on top.

    Anyway the point of this post is she has a cousin who works for a high-end finance company as an underwriter, and I have proof that she asked her to search for me and my details through her company.

    She has given her information including my address, my work address, my salary, even what car finance I have on my car. My credit score, how many credit lines I have open, along with other details.

    Now I've ask people whether this is legal or not and I've been told by several people this is against the law.

    So any advice on what I should do on this matter will be very helpful, thank you!
    Tags: None

  • #2
    On the face of it, I'm inclined to say that this might cross the line and be a data protection breach but also possibly a misuse of personal data. When you say you have proof, what sort of proof are we talking about? Has there been an imprint left on your credit file confirming that this cousin of hers has done some searches, or is it simply someone's word that you are relying on?

    You ex-partner might argue that there was a legitimate interest to obtain your information because she thought you were not telling the truth but I'm not so sure that argument would work. The information you have mentioned that was disclosed is not the type of information that is can be easily obtained or readily available.

    I think it sounds like your ex-partner has taken advantage of the fact that she has a cousin who works for a company that can obtain your financial information and in turn I should think that her cousin has abused his/her position.

    As to your options, you could certainly report what has happened to the ICO and make a complaint though you might not yet want to disclose that to your ex-partner immediately. You could also take it a step further and write to her cousin's company and explain the situation as to how she has disclosed that information abusing her position as an employee of the company and that you consider it to be a breach of personal data and/or misuse of personal data for which you hold the company responsible.

    I would also think that your ex-partner would have some explaining to do and you could in theory have a claim against her for breach of personal data or misuse of that data.

    Ultimately, it's up to you how you want to approach it as you are already in a sensitive position but you just really need to make sure you have evidence of what you are saying otherwise you are going to look silly if you can't actually prove it.

    See what others might think, they may have other thoughts on the matter Amethyst
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    • #3
      Thank you for your reply.

      I haven't checked my credit file since I found out. I have been sent screenshots of a conversation between the two where she asks her to search for me, and she agrees then hands over the information in these messages, they then have a discussion regarding my credit file and what my credit history says and informs her she will email her the rest of the information.

      I haven't mentioned it to anyone or her, in the messages she says that she has passed the information onto the csa which is irrelevant as it is not going to create a different outcome in regards to maintenance payments (probably less tbh!).

      But i am extremely unhappy that my personal information has been acccesed in this way.

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