Breach of GDPR can I do anything?
Discussion
Here is the brief chronology.
In 2020 I was the executor of a Will. I was jointly appointed with a local solicitor who will call Sol A.
The were two beneficiaries myself and one other.
The estate was finalised in August 2021, the file was closed and all presumed finished.
In June 2022 I got a random e-mail from Sol B saying as I already knew the file had been passed to them to complete and they would review the file and come back to me.
I wrote back that day to Sol B, saying I had no knowledge of this and what was outstanding.
Sol B wrote back saying the file is complete and there is no work to do.
I then wrote to Sol A saying why have you passed the file to Sol B
Sol A wrote back and said it was sent in error.
I wrote back to Sol A and B saying what was passed over and has it been returned?
Nothing in response to numerous e-mails.
At this point they had annoyed me.
I wrote a complaint to Sol A and Sol B and a Subject Access request requesting what details were shared.
Sol A wrote back and said sorry and the file contained everything we had so Name, address, DOB, E-mail, bank details.
Sol B wrote back and said you weren't a client we don't have to respond.
I wrote back to Sol B asking for it to be reviewed and they then agreed I was a client but they had done nothing wrong.
In summary:
Sol A sent the complete file containing my personal information to a complete different firm Sol B. Sol A deny breaching GDPR saying as there role as co executor they can share the information and instruct another firm. Sol B say it's not there error and when they worked it out they returned the file.
My question is this:
Has Sol A breached GDPR as the file was closed and there was no agreement to share my information?
Has Sol B breached GDPR as they were made aware within my first response I had not agreed to my information being shared, they then reviewed the file over a three week period and then held onto it for another 3 weeks before it was returned?
Do I need to go to the ICO or can I purse the issue directly with a money claim. What amount should I claim for?
I realise I will take criticism for wanting to claim and I know I'm being somewhat petty, but their behaviour has been appalling, ignoring, stalling. I am content to spend some of my time and money wasting theirs and I'll quite happily take some money from them in the process if possible. Maybe they might even treat the next person slightly better.
In 2020 I was the executor of a Will. I was jointly appointed with a local solicitor who will call Sol A.
The were two beneficiaries myself and one other.
The estate was finalised in August 2021, the file was closed and all presumed finished.
In June 2022 I got a random e-mail from Sol B saying as I already knew the file had been passed to them to complete and they would review the file and come back to me.
I wrote back that day to Sol B, saying I had no knowledge of this and what was outstanding.
Sol B wrote back saying the file is complete and there is no work to do.
I then wrote to Sol A saying why have you passed the file to Sol B
Sol A wrote back and said it was sent in error.
I wrote back to Sol A and B saying what was passed over and has it been returned?
Nothing in response to numerous e-mails.
At this point they had annoyed me.
I wrote a complaint to Sol A and Sol B and a Subject Access request requesting what details were shared.
Sol A wrote back and said sorry and the file contained everything we had so Name, address, DOB, E-mail, bank details.
Sol B wrote back and said you weren't a client we don't have to respond.
I wrote back to Sol B asking for it to be reviewed and they then agreed I was a client but they had done nothing wrong.
In summary:
Sol A sent the complete file containing my personal information to a complete different firm Sol B. Sol A deny breaching GDPR saying as there role as co executor they can share the information and instruct another firm. Sol B say it's not there error and when they worked it out they returned the file.
My question is this:
Has Sol A breached GDPR as the file was closed and there was no agreement to share my information?
Has Sol B breached GDPR as they were made aware within my first response I had not agreed to my information being shared, they then reviewed the file over a three week period and then held onto it for another 3 weeks before it was returned?
Do I need to go to the ICO or can I purse the issue directly with a money claim. What amount should I claim for?
I realise I will take criticism for wanting to claim and I know I'm being somewhat petty, but their behaviour has been appalling, ignoring, stalling. I am content to spend some of my time and money wasting theirs and I'll quite happily take some money from them in the process if possible. Maybe they might even treat the next person slightly better.
Who are Sol B?
Without specifics, those which I wouldn't share here, it's impossible to say. You would have signed terms of business and these may include an initial disclosure informing you of a partnership agreement.
Consent is not always required to share protected information. Legitimate interest extends a long way.
As a wider point, why bother? It's not as if they've sold your data to a marketing company or left the file on a train.
Without specifics, those which I wouldn't share here, it's impossible to say. You would have signed terms of business and these may include an initial disclosure informing you of a partnership agreement.
Consent is not always required to share protected information. Legitimate interest extends a long way.
As a wider point, why bother? It's not as if they've sold your data to a marketing company or left the file on a train.
Sol A is a small independent firm, Sol B is another small independent firm, nothing I can see that ties them together, completely different websites directors and LTD with no shared directors.
Sol A advised they had significant staff sickness so passed a number of files over to be completed. Before the files were sent over Sol A made contact with the people connected to the files to advise them (possibly get consent) my file was sent in error, which is why I wasn't contacted.
Sol A advised they had significant staff sickness so passed a number of files over to be completed. Before the files were sent over Sol A made contact with the people connected to the files to advise them (possibly get consent) my file was sent in error, which is why I wasn't contacted.
MikeM6 said:
Why persue it at all? What have you materially lost from this that would require you to be compensated?
An error was made, so accept the apology, ask how they intend to ensure they do not make the same mistake and move on.
This really. An error was made, so accept the apology, ask how they intend to ensure they do not make the same mistake and move on.
I started off reading the OP expecting something terrible to have happened as a consequence of the mis-sent file but it doesn't appear to have. Having brought it to the solicitor's attention and obtained an apology I'm not sure what more can be expected.
MikeM6 said:
Why persue it at all? What have you materially lost from this that would require you to be compensated?
An error was made, so accept the apology, ask how they intend to ensure they do not make the same mistake and move on.
This. You've already wasted far more time in it than it warrants.An error was made, so accept the apology, ask how they intend to ensure they do not make the same mistake and move on.
Angry for the sake of being angry. Feeling entitled to monetary recompense for a genuine error.
Set out a claim detailing exactly how you have financially been inconvenienced and then spend the money on some grammar lessons. Specifically the difference and appropriate use of 'there' and 'their'.
Set out a claim detailing exactly how you have financially been inconvenienced and then spend the money on some grammar lessons. Specifically the difference and appropriate use of 'there' and 'their'.
Obviously this is Pistonheads and the morality judgement has been passed.
However for context
I had the unfortunate experience of dealing with Sol A as a joint executor. The family member who passed on had engaged them via their Will and I had a very difficult six months doing my best while they dragged their heels and added many questionable charges. The co beneficiary was also very difficult, which Sol A made deliberately worse by constantly giving different information. I would go as far as to say they specialise in duping elderly people into cheap Wills with open ended fees. They then drag the whole thing out to add charges and frustrate beneficiaries so in the end you just agree as they hold all the money and there is no end in sight. I was very, very pleased when it was all over with.
As I said in my first post I'm content to spend some time and if needed money pursuing things.
However for context
I had the unfortunate experience of dealing with Sol A as a joint executor. The family member who passed on had engaged them via their Will and I had a very difficult six months doing my best while they dragged their heels and added many questionable charges. The co beneficiary was also very difficult, which Sol A made deliberately worse by constantly giving different information. I would go as far as to say they specialise in duping elderly people into cheap Wills with open ended fees. They then drag the whole thing out to add charges and frustrate beneficiaries so in the end you just agree as they hold all the money and there is no end in sight. I was very, very pleased when it was all over with.
As I said in my first post I'm content to spend some time and if needed money pursuing things.
Fab32 said:
I had the unfortunate experience of dealing with Sol A as a joint executor. The family member who passed on had engaged them via their Will and I had a very difficult six months doing my best while they dragged their heels and added many questionable charges. The co beneficiary was also very difficult, which Sol A made deliberately worse by constantly giving different information. I would go as far as to say they specialise in duping elderly people into cheap Wills with open ended fees. They then drag the whole thing out to add charges and frustrate beneficiaries so in the end you just agree as they hold all the money and there is no end in sight. I was very, very pleased when it was all over with.
That is all because, in your opinion, Sol A is just bloody useless. You may be right, I don't know. However none of that has anything to do with GDPR
Yellow Lizud said:
Fab32 said:
I had the unfortunate experience of dealing with Sol A as a joint executor. The family member who passed on had engaged them via their Will and I had a very difficult six months doing my best while they dragged their heels and added many questionable charges. The co beneficiary was also very difficult, which Sol A made deliberately worse by constantly giving different information. I would go as far as to say they specialise in duping elderly people into cheap Wills with open ended fees. They then drag the whole thing out to add charges and frustrate beneficiaries so in the end you just agree as they hold all the money and there is no end in sight. I was very, very pleased when it was all over with.
That is all because, in your opinion, Sol A is just bloody useless. You may be right, I don't know. However none of that has anything to do with GDPR
In any event, Sol A may have been entitled to pass the information to Sol B - it may depend on what Sol A's engagement terms with OP say. The peak piston-heads, evergreen answer to 90% of the questions in SP&TL applies as usual: what does the contract say?
K4sper said:
Absolutely - if OP has a complaint about the standard of service then they should take it up with Sol A and the Solicitors Regulatory Authority (if necessary). OP is barking up the wrong tree by bringing the ICO into it.
More likely Legal Ombudsman than SRA but potentially both. But only after resolving a formal complaint to the solicitors’ firm. K4sper said:
Yellow Lizud said:
Fab32 said:
I had the unfortunate experience of dealing with Sol A as a joint executor. The family member who passed on had engaged them via their Will and I had a very difficult six months doing my best while they dragged their heels and added many questionable charges. The co beneficiary was also very difficult, which Sol A made deliberately worse by constantly giving different information. I would go as far as to say they specialise in duping elderly people into cheap Wills with open ended fees. They then drag the whole thing out to add charges and frustrate beneficiaries so in the end you just agree as they hold all the money and there is no end in sight. I was very, very pleased when it was all over with.
That is all because, in your opinion, Sol A is just bloody useless. You may be right, I don't know. However none of that has anything to do with GDPR
In any event, Sol A may have been entitled to pass the information to Sol B - it may depend on what Sol A's engagement terms with OP say. The peak piston-heads, evergreen answer to 90% of the questions in SP&TL applies as usual: what does the contract say?
The ICO probably wouldn't be interested, or what I should say is that it's such a small breach i.e. 1 person it's probably not going to be a priority.
First off I would ask that Sol B to delete any data, and confirm that this has been done - https://ico.org.uk/your-data-matters/your-right-to...
After that it would be up to you to pursue some financial recompense but I doubt it would be much and it would probably take more time/effort than it would be worth.
First off I would ask that Sol B to delete any data, and confirm that this has been done - https://ico.org.uk/your-data-matters/your-right-to...
After that it would be up to you to pursue some financial recompense but I doubt it would be much and it would probably take more time/effort than it would be worth.
I'm with the OP. I've found every solicitor I've had the misfortune of dealing with has been incompetent, arrogant and indolent. In the same situation, I would be more than happy to spend a few hours of my time ensuring that they get the message that some clients will not tolerate their ineptitude.
It sounds to me like it's not about the money, but making a point about the contempt with which they treat their clients.
It sounds to me like it's not about the money, but making a point about the contempt with which they treat their clients.
GDPR does allow sub-contracting.
So SOL A had illness so subcontracted work to SOL B. This gives legitimate justification for data to be passed on to SOL B as necessary to do the job. SOL A have a duty to ensure SOL B follows GDPR as required (which basically boils down to SOL B has a data protection policy - they will...).
While there may be an obligation to inform you, that has (probably) been complied with by SOL B telling you the file was passed on to them.
Even if the file was complete, they have legitimate interest to pass it on to ensure this (i.e. if people were ill, making sure it was actually completed correctly).
Technically it depends on the contract (and data protection policy). But I would be extraordinarily surprised if a solicitor doesn't have the appropriate clauses in to allow this...
So SOL A had illness so subcontracted work to SOL B. This gives legitimate justification for data to be passed on to SOL B as necessary to do the job. SOL A have a duty to ensure SOL B follows GDPR as required (which basically boils down to SOL B has a data protection policy - they will...).
While there may be an obligation to inform you, that has (probably) been complied with by SOL B telling you the file was passed on to them.
Even if the file was complete, they have legitimate interest to pass it on to ensure this (i.e. if people were ill, making sure it was actually completed correctly).
Technically it depends on the contract (and data protection policy). But I would be extraordinarily surprised if a solicitor doesn't have the appropriate clauses in to allow this...
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