Gossip of personal details by estate agent

OnlyTemp123 · 2021-03-08T10:01:07+00:00

I think this is a breach of GDPR as well as being very wrong! I just want to check with legal and knowledgeable minds on MN before I make a formal complaint. I am currently moving house within the same village. I bumped into someone I know, who I haven’t seen for while due to the pandemic. She asked me about my move and my new house and knew my new address. I asked how she knew and she told me that the estate agent I am buying the house from told her. The estate agent does not know about any connections between me and the lady I was talking to. There is also no strong friendship or relationship between estate agent and this lady - so the estate agent may well have told a lot more people. The estate agent has been gossiping about my move and giving out my personal new address details to unconnected third parties without my permission. They may have also disclosed other personal details they hold about me including financial information- I have no way of knowing and have no trust in them anymore. I also have reasons why I don’t want my personal details, including my new address, shared around the village. I am going to complain to their firm about this and, if I do not get a satisfactory response, to the property ombudsman. Has anyone got any advice on this before I do?

ProfessorSlocombe · 08/03/2021 11:07

Has anyone got any advice on this before I do?

Make sure you have realistic expectations of nothing actually being done. Data protection issues are able to generate a lot of paperwork, but no real outcome. After all, you can't suck back the leaked data. You haven't suffered any demonstrable loss as a result. And the estate agent will apologise and say that lessons have been learned.

If I was moving house I'd put my efforts into decorating instead.

Chimoia · 08/03/2021 11:09

Agree

user1477249785 · 08/03/2021 11:11

Hmm. Not sure I agree. At the least, putting in a complaint makes them less likely to do it to others in the future

ComtesseDeSpair · 08/03/2021 11:17

It’s possible that your friend saw the agent near the new property, replacing the For Sale sign or similar, asked if they knew who had bought it and the agent said “it’s a local family who already live in the village up in the street next to the school” (or whatever) and your friend guessed from that that it was you moving in. In which case, it’s somewhat unprofessional but more a case of village chatter than a GDPR breach.

Unless this is a particularly fantastic house the sale and purchase of which has been much talked about throughout the village because everyone wants to know all about the millionaire or celebrity who must be moving into the village, it’s unlikely an estate agent is going to gossip to all and sundry about the intimate details of who they just sold an average house to.

There’s no harm making a complaint, if only to find out exactly how your friend managed to get her information, but I’d try and manage your expectations of what you might achieve from it. As a previous poster says, they’ll most likely take a few weeks to generate a system letter with an apology and promise that staff will receive additional training to ensure it doesn’t happen again.

ProfessorSlocombe · 08/03/2021 11:18

@user1477249785

Hmm. Not sure I agree. At the least, putting in a complaint makes them less likely to do it to others in the future

Years of experience suggests not.

fabulousspider · 08/03/2021 11:19

@comtesseDespair the OP says "I asked how she knew and she told me that the estate agent I am buying the house from told her."

Onjnmoeiejducwoapy · 08/03/2021 11:25

I don’t believe that is actually covered under GDPR—I think verbal gossip is not within the scope? To be honest I think it’s one of the professions where chat and passing on this kind of information is considered very normal, I think unless you tell them specifically that you want to keep the purchase under wraps you can expect them to casually discuss it on occasion. Did he definitely mention your name or was it a description that she could tell was you?

fruitbrewhaha · 08/03/2021 11:27

This is nuts!

You live in a villages, someone from the village who knows the EA said
"I see Kevin and Jane's house has sold"
"Ah yes, it's under offer, nice house"
"Anyone local buying it?"
"Yes, they live in the village already, the OnlyTemps, nice family, we sold there house too."
"Oh that's nice I know who they are."

Unless you obtained a non disclosure agreement, they haven't done anything wrong. Neighbours will see you have bought the house when they see you living in it what's the big deal?

OverweightPidgeon · 08/03/2021 11:27

There is also no strong friendship or relationship between estate agent and this lady

How did they come in contact I wonder?

ComtesseDeSpair · 08/03/2021 11:29

Yes, but the OP also says the agent isn’t friends with her friend and doesn’t know there’s a connection between the OP and the friend, so it’s unlikely the agent saw the friend in Tesco and went over to say “guess who I just sold 14 Heather Avenue to?! Mrs Only Temp!!, and she’s got loads of money too!” because that would make no sense.

ProfessorSlocombe · 08/03/2021 11:32

I don’t believe that is actually covered under GDPR—I think verbal gossip is not within the scope?

GDPR covers the data (and those that handle it), not the method of transmission. Specifically to avoid bunfights in the future over new technology.

GreenClock · 08/03/2021 11:33

A complaint won’t achieve much OP. Save your mental energy for the move. It’s bloody irritating though.

I know how annoying tittle-tattle is... I once looked round a house with a particularly garrulous agent, and by the end of the viewing I knew more information about the state of the vendors’ marriage than their best friends probably did.

CrunchyBiscs · 08/03/2021 11:36

No, I think it's just that the house in the village that has been on the market for however long has just sold and village people want to know.
I don't see why it matters if people know you've bought it as you'll be living there soon.
Bit mouthy of the agent. I would complain but don't think it was done with malicious intent.

prh47bridge · 08/03/2021 11:40

Agree with ProfessorSlocombe and ComtesseDeSpair.

In the circumstances described, it is more likely the estate agent told the OP's friend enough for her to work out what was going on rather than specifically telling her the OP's new address. But, even if it is a data breach, a complaint is unlikely to achieve anything beyond an apology and an assurance that lessons have been learned (which may not be true).

ProfessorSlocombe · 08/03/2021 11:41

But, even if it is a data breach, a complaint is unlikely to achieve anything beyond an apology and an assurance that lessons have been learned (which may not be true).

I live in hope that one day it will be. After all, people believe that Jesus will come again, so faith may yet pay off.

DarthWeeder · 08/03/2021 11:52

I would definitely make a complaint. I'm not sure whether it is a breach of GDPR but it's certainly very unprofessional.

When I was in the Estate Agents for some reason during the purchase of our current home, the agent on the desk next to me was talking to someone sat in front of them about a house for sale, that it was potentially a difficult sale due to a really acrimonious divorce, how many children they had and that the husband worked away and which industry he worked in, that the ex-wife was being difficult about the exact sum of money she wanted from the divorce, she was financially abusive, the agent was having to liaise with both parties separately.

I hung around until the person left, and then explained to the agent that they were my current next door neighbours she was talking about and I'm not sure the ex-wife (who I was friendly with) would be happy that her private business was being discussed with any old randomer that happened to make an enquiry about their house. I then emailed the manager and got the usual response about how she totally agreed it was inappropriate and unprofessional, the staff member would be spoken to, they would use this as a learning tool, blah blah blah. But I'm glad I said something.

Mabelface · 08/03/2021 13:29

It is a data breach. Your address was given to a third party who isn't entitled to have that data. Complain to the estate agent and if you have no joy, then complain to the ico. It's not acceptable, small village or not.

Original poster

OnlyTemp123 · 08/03/2021 13:32

Thanks all- food for thought

I am cross about details of my move being randomly discussed as I like to keep things private.

I am cross because I have reasons for not wanting certain people to know my new address- although I do concede they could easily see me or my car when I have moved and work it out.

But most of all - I am cross because if they were happy enough to go around telling people where I am moving to, what else have they told everyone? We had to disclose a lot of financial details to the estate agents! Have they told the neighbourhood how much our mortgage is, how much our deposit is, which bank we use...?!

But I concede that complaining probably won’t achieve anything, except maybe a half hearted apology. And as we are staying local and they know where we live, it might just cause animosity.

Maybe I will get revenge by warning people off using or buying from this estate agent instead.

OP posts:

Angelica789 · 08/03/2021 13:40

You don’t know for sure it was the estate agent. A house sold on my road recently. The owner told me who was buying it, a local family.

The house next door to my friend sold recently. She found out from the sellers that they buyers had a child in my child’s year at school. She asked me if I knew who it was and I was able to tell her.

It’s hardly top secret information. It could come from many sources.

Onjnmoeiejducwoapy · 08/03/2021 13:50

If it’s just the name of the family who are buying it that’s hardly a trade secret. Why would they be taking about your baking details?!? I don’t think anyone would be interested TBH...

NoseOfJericho · 08/03/2021 14:01

@ComtesseDeSpair

It’s possible that your friend saw the agent near the new property, replacing the For Sale sign or similar, asked if they knew who had bought it and the agent said “it’s a local family who already live in the village up in the street next to the school” (or whatever) and your friend guessed from that that it was you moving in. In which case, it’s somewhat unprofessional but more a case of village chatter than a GDPR breach.

Unless this is a particularly fantastic house the sale and purchase of which has been much talked about throughout the village because everyone wants to know all about the millionaire or celebrity who must be moving into the village, it’s unlikely an estate agent is going to gossip to all and sundry about the intimate details of who they just sold an average house to.

There’s no harm making a complaint, if only to find out exactly how your friend managed to get her information, but I’d try and manage your expectations of what you might achieve from it. As a previous poster says, they’ll most likely take a few weeks to generate a system letter with an apology and promise that staff will receive additional training to ensure it doesn’t happen again.

Agents don't replace boards, they have a company that has a truck full of boards for various agents and they go around changing them, so unlikely to be this.

ComtesseDeSpair · 08/03/2021 14:09

It’s quite a leap to make to conclude that because one friend claims the agent told them you were moving (which may or may not be true, and may well only have been vague detail in passing that enabled your friend to guess the rest) that they are sharing your financial details with all and sundry. Be very careful about who you “warn off” using the agent, particularly since you live in a small community where rumours grow legs and could eventually turn into complete untruths about the agent attached to your name which the agent takes legal action over.

Original poster

OnlyTemp123 · 08/03/2021 14:30

I know the estate agent told her because she told me they had. The conversation included where we were moving from and to. It was specifics. These are not the only houses for sale/sold in the village.

Neither the house we are buying or selling are exciting or unique. And we’re definitely not celebrities. The conversation was purely gossip and specific: “Ms Smith who lives at 123 Cottage Lane is buying a house through us - she’s buying 321 House Road”.

It’s not a state secret, but it’s my private and personal information and it’s not for the estate agent to be talking about all around the village. They may well have also told people I don’t want to know. And if they are so free and easy telling people where we are moving from and to, how do I know or have any trust that they haven’t shared any other private information about us?

OP posts:

Onjnmoeiejducwoapy · 08/03/2021 15:20

TBH I think if you want estate agents to keep a tight lid on you buying a house then you need to tell them. The majority of people really wouldn’t care and it’s the standard sort of gossipy chat you expect

ProfessorSlocombe · 08/03/2021 15:33

TBH I think if you want estate agents to keep a tight lid on you buying a house then you need to tell them.

Why ? Is there an "estate agents exception" in the GDPR legislation ?