Passing on confidential information

[tehbb]

My ex husband has recently passed on the details of our divorce settlement, my mobile phone number, what he thought was my new address, ( he followed me around the village while I was walking my dogs, it was infact my new neighbours address!) and my place of work phone number to Zinc Group.

A letter from Zinc slipped through the mail redirection and as he retained my family home, (thanks to my lack of financial assistance from legal aid at court, I had to represent myself), he opened it and called them with all of the above mentioned info.

I know it's not difficult to obtain addresses etc, but was he entitled to pass on confidential financial information regarding my settlement? is that data covered by the protection act??

I am probably way off the mark, but was curious because I am pretty mad about this.

Thanks

[Caspar]

Re: Passing on confidential information

Unsure about DPA, but 100% sure he is not allowed to open your mail!

[teaboy2]

Re: Passing on confidential information

I did read somewhere a while back while researching a similar question, where a DCA had rang up a persons neighbour asking for details, that only people authorised to process/give out your personal data are allowed to do so.

But to be honest it needs more looking into as this could well be used against DCA's if its found that its unlawful for your neighbours or friends (or in this case EX) to give out private information. As it would also make it unlawful for DCA's to ring them and ask them for the info and same if they wrote to them asking for the info.

Oh and as Casper said, he certainly should not be opening mail addressed to you, as thats an offense if he did so with the intent to injure you - Though it is acceptable if he opened it purely to help get the mail to you.

Though the below act was repealed:

Post Office Act 1953:
Criminal diversion of letters from addressee

(1)If any [F1person not engaged in the business of the Post Office] wilfully and maliciously, with intent to injure any other person, either opens or causes to be opened any postal packet which ought to have been delivered to that other person, or does any act or thing whereby the due delivery of the packet to that other person is prevented or impeded, he shall be [F2liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding six months or to both]
(2)Nothing in this section shall apply to a person who does any act to which this section applies where he is parent, or in the position of parent or guardian, of the person to whom the postal packet is addressed.

However the following Postal Services Act 2000 is still enforce and states the following:

84 Interfering with the mail: general.

(1)A person commits an offence if, without reasonable excuse, he—

(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.

(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.

(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

[Caspar]

Re: Passing on confidential information

The DPA is very clear on this re data controllers passing on info to 3rd parties. The question in my mind is whether your ex could be classified as a data controller - personally I very much doubt it.

[tehbb]

Re: Passing on confidential information

Very interesting info! thank you kindly, much food for thought.... worth following this up do you think???

[teaboy2]

Re: Passing on confidential information

Its always worth following it up.
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The DPA is very clear on this re data controllers passing on info to 3rd parties. The question in my mind is whether your ex could be classified as a data controller - personally I very much doubt it.

Exactly what i am thinking Casper.

[tehbb]

Re: Passing on confidential information

Okay thanks, will put my thinking cap on.

Kind regards

[teaboy2]

Re: Passing on confidential information

Okay thanks, will put my thinking cap on.

Kind regards

The question in regards of opening your mail would be 'did he act reasonably by opening your mail and passing your details on the Debt collector without your authorisation to pass on your personal details'. I would say no, because he knew your address and could well have written it on the letter and/or had it forwarded to you without the need of opening the letter or passing your details on.

Also is your husband not liable for part of the debt (i.e. was it for a joint account/agreement loan/credit card, bank account etc) or was it entirely your own debt, or as part of the divorce where you made the sole person liable to pay the debt? Thats something else worth finding out if your uncertain.

Also the DCA had no right to know about your confidential divorce settlement and i doubt your husband would have the liberty to provide them with confidential divorce settlement details, without your knowledge or consent, it maywell put him in breach of the divorce settlement for breaching the confidentiallity of the settlement - so it worth looking at that angle as well by reading through the divorce settlement documents etc.

[tehbb]

Re: Passing on confidential information

The debt was in my name but as a result of MARITAL debt, through his inability to obtain credit or provide a regular income, all of which is irrelevant as far as the dca is concerned of course!

I will dig out the divorce docs tonight and re-read them; during the proceedings, his solicitor forwarded my private emails to her on to him because she 'only worked part time and had family committments' so he didn't have much in the way of good advice on the protocol and etiquette of these matters!

Thanks again

[WendyB]

Re: Passing on confidential information

But wouldn't the divorce settlement be his settlement as well as yours? Looking at it that way, he would be at liberty to disclose it if he were a party to it, I suppose.