Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is this a breach of GDPR?

33 replies

GDPR · 20/09/2024 21:31

Not necessarily an AIBU, I’m just posting here for traffic!

I recently moved into a new private rental within a large block of flats. Some weeks ago I found out that there needs to be work carried out on the building and everyone who lives within a certain side of the building will have a surveyor who needs access to the flats.

Today I received an email from a member of the Tenants Association regarding the surveyors availability and instead of sending the email via BCC. He’s CC’d at least 50 tenants all into one email. That’s 50 strangers (yes we live in the same building but do we need access to each other’s email addresses without consent? I don’t think so) whose personal data have been shared just like that.

Some people have already replied asking why their email address has been shared with others and I’m wondering the same thing. I’m sure people may think, ‘well it’s hardly the end of the world if people have your email address’ but I don’t think other tenants should have access to it in the first place. Is this a breach of GDPR? Do organisations like a Tenants Association Group need to protect people’s data the same way that larger businesses do?

I’m not going to do anything about it but I just wondered whether they’re in the wrong or not tbh

OP posts:
New posts on this thread. Refresh page
cakeorwine · 23/09/2024 21:37

SpinyNorma · 23/09/2024 21:10

The breach itself is pretty trivial. Sending personal data to the wrong recipient is a notifiable breach which the organisation at fault should really report to the ICO itself. If it hasn't that's arguably a bit more serious but I'd still be surprised if the ICO does any more than insist better processes are put in place to prevent this happening again.

No it isn't.

Personal data breaches: a guide | ICO

When a personal data breach has occurred, you need to establish the likelihood of the risk to people’s rights and freedoms. If a risk is likely, you must notify the ICO; if a risk is unlikely, you don’t have to report it. However, if you decide you don’t need to report the breach, you need to be able to justify this decision, so you should document it.

Personal data breaches: a guide

https://ico.org.uk/for-organisations/report-a-breach/personal-data-breach/personal-data-breaches-a-guide/

SpinyNorma · 23/09/2024 21:10

The breach itself is pretty trivial. Sending personal data to the wrong recipient is a notifiable breach which the organisation at fault should really report to the ICO itself. If it hasn't that's arguably a bit more serious but I'd still be surprised if the ICO does any more than insist better processes are put in place to prevent this happening again.

SweetSakura · 23/09/2024 20:06

It's a breach, but a fairly trivial one in all likelihood (unless someone uses the information nefariously)

Comefromaway · 23/09/2024 19:49

it’s more about the impact than the action

absolutely & the emailer can’t possibly know the impact.

in another example, my Dh was a teacher. Imagine if the parents of one of his students got hold of his personal email address.

GDPR · 23/09/2024 19:24

User6874356 · 23/09/2024 17:19

It’s not really a big deal though and I struggle to see why people are making such a big issue. It’s not even clearly a breach and certainly the ICO would never take action over something like this

It is a big deal though isn’t it? If you haven’t consented to something yet someone has gone ahead and made a decision on your behalf (whether it was through carelessness or not), then it is a pretty big deal.

I don’t see how anyone has made a big deal out of anything. Those (including myself) that are pretty annoyed, have sent an email back to them making them aware of their mistake. How do you consider that to be a big deal?

Nowhere in any of my posts have I said that I’ll be reporting anything. It’s a waste of my time and simply, I don’t actually care enough to do so. That doesn’t mean that I can’t have a moan about it on Mumsnet

OP posts:
cakeorwine · 23/09/2024 19:12

ohyesido · 23/09/2024 15:18

It is probably not a reportable breach, unless it contained embarrassing or sensitive information about the recipients.

I doubt the ICO would be interested as it’s more of an admin oversight. Email addresses are personal information but on their own they don’t identify anyone personally.

However, the YMCA were fined a considerable sum when the same thing happened, because the email was about treatment in a sexual health service, therefore incredibly sensitive.

it’s more about the impact than the action.

Absolutely

The Foreign Office used CC to email Afghan translaters fleeing Afghanistan

ICO fines Ministry of Defence for Afghan evacuation data breach | ICO

On 20 September 2021, the MoD sent an email to a distribution list of Afghan nationals eligible for evacuation using the ‘To’ field, with personal information relating to 245 people being inadvertently disclosed. The email addresses could be seen by all recipients, with 55 people having thumbnail pictures on their email profiles. Two people ‘replied all’ to the entire list of recipients, with one of them providing their location.

They were in a rush

ICO fines Ministry of Defence for Afghan evacuation data breach

The Information Commissioner’s Office (ICO) has fined the Ministry of Defence (MoD) £350,000 for disclosing personal information of people seeking relocation to the UK shortly after the Taliban took control of Afghanistan in 2021.

https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2023/12/ico-fines-ministry-of-defence-for-afghan-evacuation-data-breach/

SoNiceToComeHomeTo · 23/09/2024 17:21

I've been a volunteer for several charities and have inadvertently used CC instead of BCC for mass mailings several times, felt mortified when I realised jad sent an immediate apology asking everyone to delete the email with the CC's. This man is behaving like an idiot in not acknowledging his mistake, if it was one; or not reading up about GDPR if he did it intentionally. However, most likely nobody will come to harm over having their email address shared with fellow tenants so probably best try to forget it.

User6874356 · 23/09/2024 17:19

Comefromaway · 23/09/2024 15:20

Being a volunteer does not absolve you from GDPR responsibilities. I was a volunteer for many years and although it was before GDPR I knew what I could and could not do and what the consequences might be.

It’s not really a big deal though and I struggle to see why people are making such a big issue. It’s not even clearly a breach and certainly the ICO would never take action over something like this

snoopyfanaccountant · 23/09/2024 17:14

An organisation I was part of had a volunteer who used to email out newsletters to everyone without using BCC and couldn't be made to see what she was doing wrong. She finally got the message when someone with MH difficulties started sending emails to everyone one NYE, complaining that the organisation hadn't arranged something for that night and people were getting very angry at receiving these messages.

YorkshirePuddingsGreatestFan · 23/09/2024 15:51

This happened with a group I'm involved with. A new admin person started and sent out an introductory email using CC instead of BCC.

I dropped them a message and explained in a friendly way that it's a data breach and they should use BCC in future.

They apologised and said it was a silly mistake and they know now for next time.

That's all you need to happen. There doesn't need to be drama.

ThisPresetIsSelected · 23/09/2024 15:50

I hope no-one signs up the guy's email address for a load of spam / newsletters so he sees how carelessly misusing email addresses can be, at the very least, a nuisance.

ThisPresetIsSelected · 23/09/2024 15:48

GDPR · 23/09/2024 15:32

I thought the exact same thing!

Apparently all those that complained just won’t receive future emails. So instead of them sending out a BCC email. They’ll continue to CC everyone into an email and for those that were upset at the breach just won’t receive anything in future. Absolutely batshit

Ha, that's mad.
If you handle data in any way, volunteer or otherwise, you need to know how to handle it lawfully.

GDPR · 23/09/2024 15:32

Comefromaway · 23/09/2024 15:20

Being a volunteer does not absolve you from GDPR responsibilities. I was a volunteer for many years and although it was before GDPR I knew what I could and could not do and what the consequences might be.

I thought the exact same thing!

Apparently all those that complained just won’t receive future emails. So instead of them sending out a BCC email. They’ll continue to CC everyone into an email and for those that were upset at the breach just won’t receive anything in future. Absolutely batshit

OP posts:
Comefromaway · 23/09/2024 15:23

So for example someone who my children went to school with had an unusual surname. They also happened to be a medical professional working in mental health services with some unstable/volatile people. They were once followed around town by a patient who recognised them.

A stray email could alert someone to the fact that they live in that block of flats. That is just one example.

Comefromaway · 23/09/2024 15:20

Being a volunteer does not absolve you from GDPR responsibilities. I was a volunteer for many years and although it was before GDPR I knew what I could and could not do and what the consequences might be.

ohyesido · 23/09/2024 15:18

It is probably not a reportable breach, unless it contained embarrassing or sensitive information about the recipients.

I doubt the ICO would be interested as it’s more of an admin oversight. Email addresses are personal information but on their own they don’t identify anyone personally.

However, the YMCA were fined a considerable sum when the same thing happened, because the email was about treatment in a sexual health service, therefore incredibly sensitive.

it’s more about the impact than the action.

GDPR · 23/09/2024 15:18

Oh I won’t be wasting my time reporting it to anyone, that makes no sense and quite frankly, is a waste of my time.

I’m not a volunteer so I can’t relate but I think the best thing to do would be to apologise for the mistake and move forward. Telling people that you don’t appreciate their tone when they’re frankly unhappy that you’ve shared their email with 50 other strangers, probably isn’t going to help!

I do think people will get over it eventually. From the responses we’ve all received, I wouldn’t hold my breath because it’ll probably happen again anyway!

OP posts:
DancingNotDrowning · 23/09/2024 15:12

whilst it is a privacy breach it’s so low level as to be irrelevant to the ICO (for context I regularly liaise with Supervisory Authorities on matters where significant amounts of sensitive data have been breached and there’s a rarely any consequence).

I actually have a lot of sympathy with the volunteer who is currently under fire. The reality is these are often thankless tasks which are absolutely necessary and I imagine the pile on is making them question why they bother.

DreadPirateRobots · 23/09/2024 15:11

Just leave this storm in a teacup to blow itself out. It's not a major breach, the ICO will be 0% interested, everybody will get the fuck over it eventually.

GDPR · 23/09/2024 15:05

Well well well it’s all kicked off somehow!

Instead of apologising and admitting fault, the person that’s sent the email has basically said that they work a voluntary role so don’t appreciate being pulled up on this mistake. I’ve been told that if I have an issue with having my email address shared with other people in the block then I should contact my Landlord. Because that’s really the way the law works isn’t it?!

OP posts:
cakeorwine · 21/09/2024 08:55

GDPR · 21/09/2024 08:40

I honestly thought everyone knew the difference of CC and BCC but clearly not!

Most common course of data breaches.
Along with using autofill and putting in the wrong email address - because people are in a rush.

GDPR · 21/09/2024 08:40

I honestly thought everyone knew the difference of CC and BCC but clearly not!

OP posts:
samarrange · 20/09/2024 23:51

The GDPR violation is not so much in the fact that the e-mails were sent, as that the TA has not put steps in place to stop it happening. That is, whoever sent the mail should have undergone training as to how to send an e-mail to 50 people securely.

I suspect that there are many millions of very small organisations that have not done that. To do so would have collectively cost them hundreds of millions of pounds. I don't think the tenants would necessarily be impressed to find a line item in the expenses for £200 or whatever to learn how to send e-mails. There might be comments about "bureaucracy gorn mad".

As a data breach, it's really not the end of the world. E-mail addresses are not really ultra-sensitive information about the average person (and if yours is, then get a burner Gmail account for everyone except your CIA handlers or whatever). If you know only that the person who lives below you is called Clyde and there is a Clyde.Barrow47(at)btinternet.com on the list, well, you've learned his surname. Nobody is going to be harvesting the addresses for spam.

(I'm old enough to remember when you were meant to be very careful with your phone number, but WhatsApp has basically put paid to that.)

Lincoln24 · 20/09/2024 23:46

As pp said it is a data breach but it's a minor one as the data is not sensitive.

It's best dealt with through common sense, the sender should apologise and ask recipients to delete the email.

AmyFarrahFowler1 · 20/09/2024 23:42

Strictly speaking yes but it’s minor (if annoying for some) so the ICO won’t do anything.

Swipe left for the next trending thread