Santander admitted breach of Data Protection Act

[Angry Cat]

Re: Santander admitted breach of Data Protection Act

I believe that it is the Bank individual employee who would be the subject to be fined!

However, all of the above does rather pose the question:
What is the point of have the ICO, if they will not take up enforcement action!?

I personally, am in a similar position with Lloyds Bank...
I have lodged my complaint with both the ICO and the FOS.

We used to see this reluctance to take up enforcement action against the Banks with Trading Standards. It is time for a change and for the, so called, Regulators to Regulate, correctly.

[Angry Cat]

Re: Santander admitted breach of Data Protection Act

I'm more confused as to why it's such an issue that the husband saw the statement...mistakes happen now and then,,we received a page of a strangers bank account and just sent it back to the bank.

Of course nowadays there is no need to receive statements at all.with the advent of online banking which is only accessible via passwords although I will say my OH knows all mine and I know all his..no secrets..no fretting that he might see something I don't want him to know about and vice versa.
As for compensation.......I'd take the offer and be satisfied....it was a mistake and we all make them

Sorry, Inca but that is irrelevant!

All couples are NOT financially associated; some are estranged/separated but living in the same house. Some couples have a tendency of having affairs, unhappy marriages etc... Banking is considered as 'Sensitive Data' under the DPA. Therefore individuals account details should not be viewed or, discussed by third parties, end of.

[Angry Cat]

Re: Santander admitted breach of Data Protection Act

Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless –
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

http://www.legislation.gov.uk/ukpga/1998/29/schedule/3

[charitynjw]

Re: Santander admitted breach of Data Protection Act

They can indeed - and as per thier jurisdiction they can determine that an organisation is not in compliance. That may be evidence that could be used in a court case - it it not support and it is not assistance if you decide to go to court. It is nothing but evidence. The evidence may prove that a breach occurred. It has nothing to do with a claim for compensation, and it is not a recommendation to the court in that matter. You said that the link suggested that the ICO " may assist you if you should decide to go to court". The link you have pasted does not say that; the ICO will not; and the link that I pasted previously states that fact categorically. That seems to be a contradiction?

Hi Eloise.

I don't think I mentioned the word 'support' (but good try )

As things stand at the moment (re the OP's complaint), we don't know if, in fact, the DPA has been breached.
Even if it has, is there a suitable defense to the breach?
The ICO may be best placed to find out.
Would this not assist the OP?

[Angry Cat]

Re: Santander admitted breach of Data Protection Act

Hi Eloise.

I don't think I mentioned the word 'support' (but good try )

As things stand at the moment (re the OP's complaint), we don't know if, in fact, the DPA has been breached.
Even if it has, is there a suitable defense to the breach?
The ICO may be best placed to find out.
Would this not assist the OP?

Quite So!

[Eloise01]

Re: Santander admitted breach of Data Protection Act

Hi Eloise.

I don't think I mentioned the word 'support' (but good try ) What you said was "http://www.ico.org.uk/complaints/handling

As you can see from the above link, they may assist you if you should decide to go to court. " The link you provided does not say this. The ICO will not "support" or "assist" or anything else if the OP decides to go to court. Any court action will be the sole responsibility of the OP.

As things stand at the moment (re the OP's complaint), we don't know if, in fact, the DPA has been breached. I admit that I was taking the statement by the OP that Santander had admitted the breach and offered her compensation as a result to indicate that there had been a breach. But you are right, Santander may have confessed falsely. Or perhaps the OP didn't hear them right or misunderstood what they said...

Even if it has, is there a suitable defense to the breach? If there is Santander don't seem to be interested in finding it - they've admitted it!

The ICO may be best placed to find out. They won't have to look hard will they? "Did you, Santander, breach the DPA"... "Yep, hands up we did it and already confessed"!

Would this not assist the OP? Every single bit of that might help the OP as relevant evidence, if the OP had a case in the first place, and had we not established from the very first that the chances of obtaining a legal ruling for compensation on the grounds of distress only were neglible anyway. But the ICO, as an organisation, will not support, assist or do anything else to help the OP.

As I have said previously, a written complaint to the CEO may elicit a slightly improve offer. But I see no prospect of a legal claim succeeding, and the OP needs to remember that if they attempt a legal route they could end up with nothing (except a bill if they can't litigate in person!)

[charitynjw]

Re: Santander admitted breach of Data Protection Act

I don't think I mentioned the word 'support' (but good try ) What you said was "http://www.ico.org.uk/complaints/handling
Yes

As you can see from the above link, they may assist you if you should decide to go to court. " The link you provided does not say this. The ICO will not "support" or "assist" or anything else if the OP decides to go to court. Any court action will be the sole responsibility of the OP.
From the link
"What happens if I cannot solve the problem myself?"
If you have contacted the organisation about the problem but have been unable to solve it, we may be able to help.*
If necessary, we will look into your complaint. If we think the law has been broken, we can give the organisation advice and ask it to solve the problem. In the most serious cases we can order it to do so.
We cannot award you compensation. Our main aim is to get the organisation to change the way it works so that it does things properly in the future."
http://www.macmillandictionary.com/t...s/british/help
*to make it easier to achieve something
Synonyms or related words for this sense of help
To help something to progress: foster, promote, nurse, assist, nurture, help, make for, advance, contribute, go to do something.


As things stand at the moment (re the OP's complaint), we don't know if, in fact, the DPA has been breached. I admit that I was taking the statement by the OP that Santander had admitted the breach and offered her compensation as a result to indicate that there had been a breach. But you are right, Santander may have confessed falsely. Or perhaps the OP didn't hear them right or misunderstood what they said...

Even if it has, is there a suitable defense to the breach? If there is Santander don't seem to be interested in finding it - they've admitted it!
How? In writing? Verbally - If so, any proof?

The ICO may be best placed to find out. They won't have to look hard will they? "Did you, Santander, breach the DPA"... "Yep, hands up we did it and already confessed"!
See above

Would this not assist the OP? Every single bit of that might help the OP as relevant evidence, if the OP had a case in the first place, and had we not established from the very first that the chances of obtaining a legal ruling for compensation on the grounds of distress only were neglible anyway. But the ICO, as an organisation, will not *support, assist or do anything else to help the OP.
See post #3
* Didn't mention 'support'!

[Angry Cat]

Re: Santander admitted breach of Data Protection Act

As I have said previously, a written complaint to the CEO may elicit a slightly improve offer. But I see no prospect of a legal claim succeeding, and the OP needs to remember that if they attempt a legal route they could end up with nothing (except a bill if they can't litigate in person!)

Eloise01, you don't have a part time job with Banco Santander, do you?:tinysmile_aha_t:

As previously stated, I have a similar problem with a Bank: Lloyds. And, I have already tried the 'Complaint to the CEO route', this just resulted in a small flower bouquet (admittance of guilt) which I donated to my Catholic Church.
My CEO complaint was not properly understood, furthermore the Bank clearly did not understand exactly what had been discussed with a third party during a telephone call, which the Bank put down to human error. Their only motive was to close my complaint.

Anyhow, the OP may find it of benefit to log a complaint with the FOS (as well as the ICO) as it would appear his/her problem could involve bad Banking, as well as the breach of DPA.

Of course, I cannot speak for the OP as I do not know his/her full story. But it is extremely vexing to have these sort of difficulties with Banks and there is a cost to sorting them out!
Compensation is just one element but I would have thought with all the BAD PRESS that Santander are receiving, it would be in their interest to resolve complaints sensibly:
http://www.trustpilot.co.uk/review/www.santander.co.uk

[Eloise01]

Re: Santander admitted breach of Data Protection Act

Eloise01, you don't have a part time job with Banco Santander, do you?:tinysmile_aha_t:

As previously stated, I have a similar problem with a Bank: Lloyds. And, I have already tried the 'Complaint to the CEO route', this just resulted in a small flower bouquet (admittance of guilt) which I donated to my Catholic Church.
My CEO complaint was not properly understood, furthermore the Bank clearly did not understand exactly what had been discussed with a third party during a telephone call, which the Bank put down to human error. Their only motive was to close my complaint.

Anyhow, the OP may find it of benefit to log a complaint with the FOS (as well as the ICO) as it would appear his/her problem could involve bad Banking, as well as the breach of DPA.

Of course, I cannot speak for the OP as I do not know his/her full story. But it is extremely vexing to have these sort of difficulties with Banks and there is a cost to sorting them out!
Compensation is just one element but I would have thought with all the BAD PRESS that Santander are receiving, it would be in their interest to resolve complaints sensibly:
http://www.trustpilot.co.uk/review/www.santander.co.uk

OK, so the ICO do things that they do not do - to be clear, in terms of the ICO they "resolve" the complaint by detrmining whether a breach has occurred, and possibly fining the agency - not by helping the complainants in any way to deal with matters of compensation.

And now posters we are moving to personal insults and suggesting that I work for Santander because their personal opinion is that the law does not go far enough.

Well sorry, but I don't work for Santander, I don't write the laws, and I also don't decide what the ICO does or doesn't do. They ought now to be fully aware of their legal position because I have outlined that very clearly in relation to the question that they asked. If they want compensation then they are not entitled to it, and there is a strong likelihood that any legal claim will fail - if they want revenge then fine, have at it. Just be clear that, as I said, there are potential risks as well as potential "prizes".

Since there is nothing to add to the legal position, I'll leave the thread to others

[charitynjw]

Re: Santander admitted breach of Data Protection Act

I don't hold to the view, which is often trumpeted in the media, that we are living in an all-pervasive compensation culture - yet!
But I do see signs that we are (or have been) moving in that direction.
& this has allowed the powers-that-be to bring in massive changes to our legal rights and the way business was formerly conducted. (here I'm thinking esp. CFA's & the way costs are recovered, ie success fees, ATE, etc).
This due, I believe, to the no-win-no-fee 'industry' fuelling the thought "Who can I sue"? & clogging the courts with spurious claims.
Have moderation in all things - if someone accidentally knocks into me, an apology will suffice.
If they cause me real harm or loss, then I'll consider appropriate legal action.

[Angry Cat]

Re: Santander admitted breach of Data Protection Act

OK, so the ICO do things that they do not do - to be clear, in terms of the ICO they "resolve" the complaint by detrmining whether a breach has occurred, and possibly fining the agency - not by helping the complainants in any way to deal with matters of compensation.

And now posters we are moving to personal insults and suggesting that I work for Santander because their personal opinion is that the law does not go far enough.

Well sorry, but I don't work for Santander, I don't write the laws, and I also don't decide what the ICO does or doesn't do. They ought now to be fully aware of their legal position because I have outlined that very clearly in relation to the question that they asked. If they want compensation then they are not entitled to it, and there is a strong likelihood that any legal claim will fail - if they want revenge then fine, have at it. Just be clear that, as I said, there are potential risks as well as potential "prizes".

Since there is nothing to add to the legal position, I'll leave the thread to others

Oh dear, my comment was not intended to be an insult; it was meant to be tongue in cheek!
Calm down dear...

We all know that neither the ICO or, the FOS are not in place to help the General Consumer, their job is to, how does one say, mediate between firms and individuals.
And yes, the ICO does not offer compensation.
But the FOS can, dependent on the seriousness and validity of complaints.

Further some individuals have taken firms to Court RE: DPA breaches. But of course, the Court route is not without risk!

[Angry Cat]

Re: Santander admitted breach of Data Protection Act

Far too many of the Banks, DCA's etc are breaching the DPA.
What is the point of having The Data Protection Act 1998 if, the ICO does not enforce?

It is not about compensation, it is about a statute that should be adhered to and if not.
The firm involved in the breach should own up and make a modest sensible goodwill gesture!
After all it does cost money when one has to send of copious amounts of copied documents to various so called 'Regulators' and by Recorded Delivery;
printing ink and paper are not free...

[Eloise01]

Re: Santander admitted breach of Data Protection Act

I am also not your dear. Isn't it amazing how easily "tongue in cheek" becomes "patronising"?

[CleverClogs]

Re: Santander admitted breach of Data Protection Act

I am also not your dear. Isn't it amazing how easily "tongue in cheek" becomes "patronising"?

Does anyone want popcorn?

[Ladyami]

Re: Santander admitted breach of Data Protection Act

There is a reason why my present husband does not see my bank / saving accounts , in the past ex husband had a joint account with me and on an occasion decided to empty the whole thing right down to the last penny.
My ex had not worked for a long time and had been living off my inheritance for around 6 years the money in the account was partly 'old family money' needless to say he had 3 hours to return the money to the account or suffer the consequences, as it was I immediately sent all the money to my single account to stop his games.
This worked at the time I wasn't worried until a few weeks when I had all my bank account statements held at my banks for my collection , someone he had grown ' very close to' (so close that he knew were all the moles on her body are ) handed them over to him .............this led to him plotting eliminating me 'permanently ' in order to not just take my money, house and family stuff but he seemed to think that he would inherit my name as well (100% mental case )

So I keep all my account very close to me and never disclose what is in them except with my 22 year old son .
I know my present husband would never do anything to harm me in anyway especially financially but I still have some fear at times.

Ladyami

(By the way my ex was eventually arrested for ABH and attempted murder and locked away in a psychiatric hospital for an unknown length of time)