Email Address-Data Protection Act 1998.
Discussion
Without any prior warning, notification I have recently received an email from a "work from home" solicitor, the same giving notice of intended legal action. Apart from the fact the solicitor's client, building contractor, never personally informed me of impending action, I am rather miffed that the contractor did not seek my permission in passing on my personal email address.
Under the above Data Protection Act, is there a procedure that a business should follow before passing on personal details, email address etc. etc.
Under the above Data Protection Act, is there a procedure that a business should follow before passing on personal details, email address etc. etc.
Wings said:
Without any prior warning, notification I have recently received an email from a "work from home" solicitor, the same giving notice of intended legal action. Apart from the fact the solicitor's client, building contractor, never personally informed me of impending action, I am rather miffed that the contractor did not seek my permission in passing on my personal email address.
Under the above Data Protection Act, is there a procedure that a business should follow before passing on personal details, email address etc. etc.
Not sure if serious. Under the above Data Protection Act, is there a procedure that a business should follow before passing on personal details, email address etc. etc.
Wings said:
Without any prior warning, notification I have recently received an email from a "work from home" solicitor, the same giving notice of intended legal action. Apart from the fact the solicitor's client, building contractor, never personally informed me of impending action, I am rather miffed that the contractor did not seek my permission in passing on my personal email address.
Under the above Data Protection Act, is there a procedure that a business should follow before passing on personal details, email address etc. etc.
Short answer, no, not in this case. The Data Protection Act 2018 is the current version, but in this instance the litigant can justify processing your personal information under Article 6.1f (legitimate interest) - and arguably 6.1c (legal obligation) since they are required to inform you that you are being sued. The Privacy and Electronic Communications Regulation 2003 doesn't apply as this is not a marketing communication. Assuming that the solicitor emailed you within a month of receiving your email address from the litigant, they had no obligation to inform you in advance of their notice of action as Article 14 gives them up to a month before they have to notify a data subject that they have personal information not obtained from them. Exactly the same answer would apply, with regard to your postal address, if notice had been served by post instead.Under the above Data Protection Act, is there a procedure that a business should follow before passing on personal details, email address etc. etc.
As a residential landlord, I am particularly careful at protecting data information for both ex and present sitting tenants. If I am ever contacted by a third party, for information on the same, including contact details, then I first make contact for approval from that person/tenant, before passing on the requested information.
Thank you all your replies, appreciated.
Thank you all your replies, appreciated.
Wings said:
Under the above Data Protection Act, is there a procedure that a business should follow before passing on personal details, email address etc. etc.
In this case it would be the lawyer is the agent of the contractor and accordingly there is no requirement to obtain permission to "share" your data etc.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff


