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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is this a data protection breach?

20 replies

AugustRose · 01/09/2021 16:21

I will start by saying that I am probably over reacting because it annoyed me.

Just been to the dentist with youngest two DC, they couldn't be seen because the denstist was off sick. Fair enough, it happens but my AIBU is that they said they'd tried to call me all day - I haven't received any calls. The number they were trying was the old house landline even though, when we moved 18 months ago, I gave them all the new information - they confirmed the address on their system is the new one. I said I know they have the mobile number because in the past I have received appointment confirmations by text. They checked, and yes they do have the mobile number on my oldest child's record but they haven't transferred that to the youngest two - despite them all being registered at the same time 10 years ago.

I was already annoyed by that when the receptionist said "I even tried ringing your neighbour to let you know"! It was at that point that I said I think that's a data protection breach.

I know they were trying to help, so yes I probably am being unreasonable but they don't know if I get on with my neighbour, and just because they attend the same dentist - I didn't know that - means she's looked through the records to find someone close by. Obviously no personal information was given but still, should she be doing that?

OP posts:
Sparklfairy · 01/09/2021 16:25

Calling your neighbour is, frankly, insane. Clearly she doesn't have enough work to do to be faffing around finding neighbour numbers!

I wouldn't normally suggest complaining but it would probably be worth doing, so she knows not to go around calling patient neighbours! Don't expect anything drastic to happen, but she clearly could do with some training.

Loopielu · 01/09/2021 16:26

Sounds like they were just trying to contact you. What data do you feel they've shared, other than the fact you have a dental appointment?

MedusasBadHairDay · 01/09/2021 16:27

They absolutely can't call your neighbour, that's mad that it even occurred to them!

ExtraOnions · 01/09/2021 16:27

If they haven’t shared any personal information, I don’t think it’s a breach

AnnaSW1 · 01/09/2021 16:30

But what personal data do you think they have wrongly shared???

Justcallmebebes · 01/09/2021 16:33

Not really a breach unless they shared personal info

BeckyWithTheGoodHair5629456 · 01/09/2021 16:34

I find it completely bonkers that they wasted their time trying to call people who live near you instead of looking at other family members records to find your mobile number. What the actual fuck. I'd email the practice manager.

BeckyWithTheGoodHair5629456 · 01/09/2021 16:34

But it's not a GDPR breach as there was no data shared, presumably.

AugustRose · 01/09/2021 16:36

No, they didn't actually share any information because when I asked what neighbour she called, she said "Oh she was at work" and didn't say who it was. I know who it probably was and that means one of the kids must have answered if she know their mum was at work.

I just think a doctor's receptionist wouldn't call a neighbour and this is an NHS registered dentist, so it's not something they should do.

So no, not an actual breach - my title was done before I calmed down Grin.

OP posts:
HalfShrunkMoreToGo · 01/09/2021 16:37

Technically under GDPR they have a responsibility to ensure that the data they hold is maintained accurately and updated regularly, so in that regard they have been lax. Calling your neighbour before checking your other sons records to see if there was a different number is illogical.

Ultimately if you were to report it the ICO it wouldn't be classified as a data breach though.

GreyhoundG1rl · 01/09/2021 16:37

Being due a dental appointment is not confidential information.

MichelleScarn · 01/09/2021 16:41

This is the most bonkers thing I have heard, so she checked and obtained a neighbours mobile phone number before checking for another number on yours or your children's files?!

Sparklfairy · 01/09/2021 16:44

Whilst it's not technically a data breach, I do think the practice manager should be aware so she can be trained appropriately.

AugustRose · 01/09/2021 16:49

Thanks for the replies. I think I will just say that while I understand they were trying to save me a journey, they shouldn't be calling other people when the information they needed was within the family records.

OP posts:
Eilatan2018 · 01/09/2021 16:59

@AugustRose

No, they didn't actually share any information because when I asked what neighbour she called, she said "Oh she was at work" and didn't say who it was. I know who it probably was and that means one of the kids must have answered if she know their mum was at work.

I just think a doctor's receptionist wouldn't call a neighbour and this is an NHS registered dentist, so it's not something they should do.

So no, not an actual breach - my title was done before I calmed down Grin.

They didn’t give out your information but had said neighbour answered, they’d have divulged that you were registered there which is a breach of confidentiality. I’d write to the practice manager as this isn’t ok.
SquirryTheSquirrel · 01/09/2021 17:04

The neighbour would've had to be mad to give the number to a random on the phone claiming to be the OP's dentist.

Daydrambeliever · 01/09/2021 17:09

As far as I know it is a disciplinary offence for anyone who works in the NHS to pull up information about anyone when there is no clinical reason for doing so. So I suppose if there was a breach, it wasn't that she called your neighbour looking for you but that accessed your neighbours information when there was no actual need to. 🤷

SquirryTheSquirrel · 01/09/2021 17:21

@Daydrambeliever

As far as I know it is a disciplinary offence for anyone who works in the NHS to pull up information about anyone when there is no clinical reason for doing so. So I suppose if there was a breach, it wasn't that she called your neighbour looking for you but that accessed your neighbours information when there was no actual need to. 🤷
As the OP said the neighbour's phone was answered by her children because she's at work, I'm guessing this might have been a landline in which case the number might be available in the public domain.

However, if the receptionist had identified she was calling from X Dental Practice trying to reach the OP this would be a breach of the OP's data - i.e. that she is registered with a particular dentist. There are situations where that could cause a problem - it would reveal whereabouts the OP lived, which is information she mightn't want others to know.

SoundBar · 01/09/2021 17:22

It's an offence to not update information / not ensure it's up to date / not ensure it's accurate. YANBU they were being ridiculous to not ring your mobile

Jengnr · 01/09/2021 18:52

Had she told your neighbour your appointment time it would have been a data breach. For all she knows you and your neighbour could be at loggerheads and, knowing where you would be and when gives the neighbour opportunity to attack you.

It’s a near miss, which I think should be reported.

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