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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think next donor's letting agent should keep my details private?

63 replies

notanotherNC · 24/09/2017 13:14

I will try and keep this short.

We have student neighbours who are having all night parties. There is an email chain spanning from April until now. Back and forth between me, the landlord, the council and the home owner.

Today the Letting agent has cc'ed all the tenants in. Not only sharing with them months of complaints but also my email address, phone number and other private details. I didn't give permission for this.

AIBU to think this is not ok? Or am I just so tired from yet another all night party that I am being petty ?

OP posts:
Original poster
notanotherNC · 24/09/2017 13:15

Next doors not next doners... in my defence I have had no sleep :(

OP posts:
MrsHathaway · 24/09/2017 13:16

Data protection breach. Complain loudly by email cc head office and the data commissioner if you're so minded.

MrsHathaway · 24/09/2017 13:18

Potential fine is five figures per breach - if they've copied four people and given three pieces of data that's twelve breaches...

Original poster
notanotherNC · 24/09/2017 13:24

Thank you. I didn't think it was ok, but so tired I can barely tell my arse from my elbow now.

OP posts:
LurkingHusband · 24/09/2017 13:39

Potential fine is five figures per breach - if they've copied four people and given three pieces of data that's twelve breaches...

and at £0.01 per breach ... (that's if the ICO can be bothered) .... ?

expatinscotland · 24/09/2017 13:45

YANBU

Oldie2017 · 24/09/2017 13:46

It is very very very very unlikely there will be a fine and the ICO does not investigate most breaches. So I would not get your hopes up for a money stream. You should however tell the estate agents you did not give consent for the students to be given the details as they should be careful.

It may sort it out - if those students want to stay in their place they may have to stop their noise. However no way should the estate agents have sent them your contact details. Mind you they may be public anyway. My email address and phone number and name is all on my website and in the public domain. My phone number is not ex director. ALl that stuff for me is public already. Even my full date of birth comes up if you google search my name unfortunately.

Original poster
notanotherNC · 24/09/2017 13:51

I am not after compensation, I am just annoyed at how this letting agent is dealing with all this. I am now getting emails from the tenants which I would rather not have to deal with... I just want the all night parties to stop :(

OP posts:
LurkingHusband · 24/09/2017 13:56

I am not after compensation

Probably a good thing ...

Wauden · 24/09/2017 13:59

You need to contact your local council and speak to whoever deals with anti-social noise. You can get the details on the website. I don't know what noise level it is so it might not be over the threshold but what have you got to lose?

MsVestibule · 24/09/2017 14:00

What are the tenants saying in their emails to you?

winobaglady · 24/09/2017 14:03

Remember you can block email addresses

MrsHathaway · 24/09/2017 14:12

The point of mentioning the fine is that it may encourage the letting agent to treat you well, and review procedures. Since you're not their customer, they dgaf about your feelings.

And even if your details were in the public domain, the agent still can't share what you gave them as part of your complaint.

LakieLady · 24/09/2017 14:19

I'd complain to the agent about the breach and see what they say. It's very bad practice to disclose that sort of info. Then consider reporting to the commissioner if you're not satisfied with their response.

CotswoldStrife · 24/09/2017 14:23

I think that's quite a serious breach by the Letting Agent, passing your personal details (email address, phone number). They probably have their own Data Protection Policy which they have also breached. The students could pass your details on to anyone now, it's not possible to retract that information so IMO it's a serious breach.

The technical term that they can be prosecuted for is unlawfully disclosing personal data. Check the ICO website for information as well.

C8H10N4O2 · 24/09/2017 14:31

The reason for taking it up is stop repeats and get acknowledgement of any consequences such as harassment (I've been involved in just such a case). Mention that you are already getting mails from the tenants and keep a record of them. You may need to respond to the tenants to tell them to communicate via the agent.

The mails themselves were also confidential unless you agreed with the agent that they could be forwarded in full rather than have the specific issues taken up.

The fact that its possible to google for peoples' details does not necessarily make them public domain - it depends on why they are available.

Take it up with their head office, ask to be put in contact with their DPO, mention upcoming GDPR requirements, unlawful breach under current regs, reputational damage etc. They are more likely to take it seriously and train their staff to at least try to adhere to basic data protection.

IME estate agents have very little clue regarding data protection or privacy which considering they act as agents for many poor and vulnerable renters is depressing. I would also let the landlord know what has happened and that their tenants are causing a nuisance (although they may not care).

Standingcat · 24/09/2017 14:31

If it's today then get agent to urgent recall the email? This will delete unread copies, Student may not have surfaced and not seen email?

LurkingHusband · 24/09/2017 14:35

If it's today then get agent to urgent recall the email? This will delete unread copies, Student may not have surfaced and not seen email?

Not something I would pin my life on. Not all email servers honour recall requests for a start, and even if they do, some client setups bypass it (if you have rules set up to automatically move email, for example).

Could also fail if they have a client (like Outlook) which can automatically preview emails. (Over the years I've seen a few emails that the author thought had been recalled ...)

Original poster
notanotherNC · 24/09/2017 14:38

The council are already involved and we had them and the police out last night as the party spilled out on to our drive and the party guests were all sat on our car smoking weed and shouting at around 1am.

We have been having issues since April (and we have tried the usual tactic of talking to them etc, but we are now at the keeping a log of it all for the council stage - we are at 17 complaints), and I was just surprised to see the letting agent had taken it on himself to forward the email chain which spans all these issues and also includes my phone number, place of work, hours I work, details of my children and when we are in and out the house etc, to all of the 7 tenants next door. Also I now have all their full names and email details, and also details of which universities they go to, so I guess he has breeched their privacy too. The letting agent says he has no power to intervene so has just forwarded all of this to them in the hope we will sort it out amongst ourselves.

They are basically emailing saying that if we choose to live next door to students then we need to live and let live and that this sort of thing is normal and they will not be altering their behaviour. This is the 8th house party in the last 10 days. They have only been back from summer for 10 days. If is is relevant we have 2 small children who they have been waking up at 3/4 am with all the noise and shouting.

OP posts:
Original poster
notanotherNC · 24/09/2017 14:41

Also, it is a one-man-band style estate agent. No head office, just one main guy and a admin guy. I have used the template letter on the ICO website regarding not keeping data private, so we shall see where that gets us.

OP posts:
Hassled · 24/09/2017 14:42

You know the university now - go straight to them. Google Name of Uni + noise complaints and see what comes up. There was another thread on this subject earlier today actually - hang on.

Hassled · 24/09/2017 14:43

Earlier thread re noisy students

LurkingHusband · 24/09/2017 14:43

They are basically emailing saying that if we choose to live next door to students then we need to live and let live and that this sort of thing is normal and they will not be altering their behaviour.

... you have a right to the quiet enjoyment of your property ...

Original poster
notanotherNC · 24/09/2017 14:44

Thanks @Hassled I will check it out.

OP posts:
squadronleader87 · 24/09/2017 14:46

No, you details should not have been shared like that. As a first step, I would complain to the Letting Agent. As others have suggested, if the response is not satisfactory, then contact the ICO. I have experience of the ICO through work and they do investigate all reports made to them. They may not take action, but that doesn't mean they won't consider your case.

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