Forwarding of my emails without consent

[arduino88]

Hello, this is my first post.

I had reason to contact my factor to report some problems with repair work. I noticed they just forwarded on my email (including my email address) to another company (who did the building work) without asking me.

I read the wiki article for the Data Protection Act, it mentions

• Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation.

Legally what would be an 'overriding legitimate reason', how can I read up any 'legislation' for such matters?

Thank you.

[Caspar]

Re: Forwarding of my emails without consent

If they're trying to resolve the problem for you, what is the problem?

[arduino88]

Re: Forwarding of my emails without consent

If they're trying to resolve the problem for you, what is the problem?

I don't want a crazed builders to be waiting for me when I get home :P

On a serious note, I don't want any retribution from a third party, whom I have no dealing with. I have to deal with my factor, I have no dealings with builders etc. My question is regards the legality of this behavior.

Factors are often well known for making legal threats against people/customers.

Thanks

[Caspar]

Re: Forwarding of my emails without consent

OK, especially given the above posting, here's a link to the DPA:

Data Protection Act 1998

Have a read of Part II Subsection 5 and then Schedule 2 Paras.1-4

[arduino88]

Re: Forwarding of my emails without consent

OK, especially given the above posting, here's a link to the DPA:

Data Protection Act 1998

Have a read of Part II Subsection 5 and then Schedule 2 Paras.1-4

My gosh, you are fantastic!

[DJBrown]

Re: Forwarding of my emails without consent

Why what did you say to get a crazy builder waiting for you at home?

To reslove the issue surly they would need to know who you are and I dont think it would be breach of data protection because the 3rd party was highered on your factors behalf just like the factor works on your behalf?

[Caspar]

Re: Forwarding of my emails without consent

You might also want to read this:

Processing personal data fairly and lawfully (Principle 1)


The ICO is the body which regulates the DPA. In my opinion forwarding your e-mail would be deemed fair as without raising your issues with the third party (the builders) nothing could be resolved.

Hope this helps.

[arduino88]

Re: Forwarding of my emails without consent

Why what did you say to get a crazy builder waiting for you at home?

To reslove the issue surly they would need to know who you are and I dont think it would be breach of data protection because the 3rd party was highered on your factors behalf just like the factor works on your behalf?

The block contains four floors, three flats per floor. I've spoken to various people regarding the problems.

I reported some issues with work carried out (damage to walls, doors, mess left behind and potential water damage rendering the work done an expensive waste of time).

Surely my factors knowing I am a point of contact is sufficient for this? We pay the factors, not the builders and have no contract with the builders, the factors do. I don't had a problem with the factors using me as a point of contact, or having my details. I don't want them to be passed on to third partys with whom I have no contract/relationship.

The factor simply forwarded my email, they didn't ask any questions of the builder. Since this has happened I've had a conversation back and fourth with the factor, based on the replies from the builders.

Here is the chain of events:

I asked the factor some questions by email

They forwarded the email to the builders verbatim

The builders replied answering half of the questions.

The factors forwarded me the builders reply.

I replied to the factors asking "what about question x, y and z?"

The factors forwarded my "what about question x, y and z?" question to the builders directly... and so we're going round this loop again.

Since the factors are paid a considerable sum to deal with all of this sort of thing, I'm not very happy with the situation, as you may understand.

[arduino88]

Re: Forwarding of my emails without consent

You might also want to read this:

Processing personal data fairly and lawfully (Principle 1)


The ICO is the body which regulates the DPA. In my opinion forwarding your e-mail would be deemed fair as without raising your issues with the third party (the builders) nothing could be resolved.

Hope this helps.

Thank you again. From the page you mention:

handle people’s personal data only in ways they would reasonably expect; and

I'm wondering if email address would fall into this category perhaps? I don't have a problem the factor using me as a point of contact, just passing on my email address/name to a third party without asking was my main query.

Thank you.

[Caspar]

Re: Forwarding of my emails without consent

If you feel very strongly about this, then you should complain to the ICO (don't expect a quick reply - they have a long backlog!)

The most that would happen though is if the ICO agrees with you, then the factor would be told to stop processing your data.

The way I look at this now is you need your building work rectified. In order to achieve this the factor needs to contact the builders with whom he made a contract. The builders then need to come to your address to remedy any defects in their repair work.

Now, given they have to be given your address to resolve the problem, I'd have thought having your e-mail address was not a significant issue.

As I say, if you really feel strongly that you've been wronged, then you should complain to the ICO - that is a decision only you can make.

[arduino88]

Re: Forwarding of my emails without consent

If you feel very strongly about this, then you should complain to the ICO (don't expect a quick reply - they have a long backlog!)

The most that would happen though is if the ICO agrees with you, then the factor would be told to stop processing your data.

The way I look at this now is you need your building work rectified. In order to achieve this the factor needs to contact the builers with whom he made a contract. The builers then need to come to your address to remedy any defects in their repair work.

Now, given they have to be given your address to resolve the problem, I'd have thought having your e-mail address was not a significant issue.

As I say, if you really feel strongly that you've been wronged, then you should complain to the ICO - that is a decision only you can make.

Thanks again for all your help and advice.

[DJBrown]

Re: Forwarding of my emails without consent

[FONT='Verdana','sans-serif']I'm not trying to offend you or anybody with this comment but is this really about data protection? I can see that you are upset about the situation, the damage caused and hassle but maybe see where the complaint leads first, then if the complaint is not resolved to your/other tenants expectations then look at taking further with a governing body but I don’t think the DPA complaint is the right one. [/FONT]

[arduino88]

Re: Forwarding of my emails without consent

[FONT='Verdana','sans-serif']I'm not trying to offend you or anybody with this comment but is this really about data protection? I can see that you are upset about the situation, the damage caused and hassle but maybe see where the complaint leads first, then if the complaint is not resolved to your/other tenants expectations then look at taking further with a governing body but I don’t think the DPA complaint is the right one. [/font]

Thank you, I understand that you are helping rather than trying to offend anyone. I feel your comments to be constructive.

I'm unhappy that my email address has been passed on to a third party without asking me. In the past they've asked in the general form of "Do you mind if the workmen come and see you at xx/xx/2011?".

We're disappointed in the work as it has been carried out, but I realise this is a separate issue.

When dealing with people who, on occasion issue legal threats etc, I just wanted to know where I stood with this one.

Again. Thanks for advice. You make a good point, have been helpful