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Legal matters

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If someone breaches the data protection act...

19 replies

BulletFox · 17/01/2018 19:21

Is this criminal?

OP posts:
Ginmakesitallok · 17/01/2018 19:23

No. Don't think so

Regressionconfession · 17/01/2018 19:26

Yes. The Information Commissioner can fine and prosecute.

BulletFox · 17/01/2018 19:28

The law's complicated Confused

How about harassment?

Thanks guys.

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LordEmsworth · 17/01/2018 19:36

The Data Protection Act is a law, so someone who breaches it has acted illegally. Ergo it may be a criminal offence. For example, call centres cold calling without permissions, selling on personal data without permission, failing to secure personal data - all can be punished with significant fines.

Without knowing what the breach was, it's impossible to really answer your question. In fact first question is to determine whether it genuinely is a breach, that may not always be clear cut.

Similarly harassment, it depends on the nature and extent of the activity as to whether it meets the legal definition of harassment. "Harrassment" is illegal, but whether your experience meets that definition of "harrassment" may be subjective, in some cases.

GreenTulips · 17/01/2018 19:38

Using your data for purposes other than why you obtained it - for example if you have a list of email addr sees used for school - and a political person asked for those so they could spread their message - then the person who supplied the information is in breach of the Data Protection act - rather than the person who used it

AnneLovesGilbert · 17/01/2018 19:39

It’s about to get a lot more complicated and, depending on the breach, GDPR is increasing the maximum fine to £15m.

Different types of data are going to be considered more sensitive as well and it’s coming in very soon.

Want to explain more about your concerns?

BulletFox · 17/01/2018 19:41

The nhs released my medical details outside the nhs without a consent form

OP posts:
Ginmakesitallok · 17/01/2018 20:14

There are occasions when info can be shared without consent?

Angrybird345 · 17/01/2018 21:16

Who did they give the records to?

Bluedoglead · 17/01/2018 23:20

it depends who they released it to.

Bluedoglead · 17/01/2018 23:21

Also depends why they released it.

prh47bridge · 17/01/2018 23:55

There are some criminal offences in the Data Protection Act but not all breaches are criminal offences. Whether releasing your details was an offence depends on who released the information, why they released it and who they released it to. The NHS cannot commit a criminal offence but individuals employed by the NHS can be convicted.

retirednow · 17/01/2018 23:59

Like a pp has said it depends who they released it to and what is was.

CotswoldStrife · 18/01/2018 00:08

Agree with previous posters that it depends who they released it to and why it was requested.

Was it requested but you think that the recipient should not have had access to it or it was something you didn't want them to know?

BulletFox · 18/01/2018 00:13

It's pretty clearcut in that the NHS shouldn't have done it - parliamentary ombudsman case open, I think I have 6 months now to complete - actually I'll book in an hour with a solicitor.

Bleuuurrrgh Confused

Anyway thanks for all opinions.

OP posts:
heebiejeebie · 18/01/2018 00:25

Who did they release it to? There are some situations e.g. DVLA, child protection, where they can or must

KadabrasSpoon · 18/01/2018 07:03

Give the ICO a call in the first instance and they can advise you.

Reddlion · 19/01/2018 22:43

to be honest the ico won't do shit even if it is clear cut the person deny it they won't do anything

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