Email Address-Data Protection Act 1998.
Email Address-Data Protection Act 1998.
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Wings

Original Poster:

5,967 posts

244 months

Sunday 7th July 2019
quotequote all
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.

anonymous-user

83 months

Sunday 7th July 2019
quotequote all
No.

You can’t seriously believe that if someone is thinking about suing you, they need to ask for your permission so they can share your contact details with their legal adviser. Ridiculous nonsense.

Tony1963

5,808 posts

191 months

Sunday 7th July 2019
quotequote all
No different to handing over your address, surely? It’s only a contact detail, and you can choose to bin it if you want.

Engelberger

509 posts

96 months

Sunday 7th July 2019
quotequote all
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.

964Cup

1,626 posts

266 months

Sunday 7th July 2019
quotequote all
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.

Wings

Original Poster:

5,967 posts

244 months

Sunday 7th July 2019
quotequote all
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.

Jasandjules

72,601 posts

258 months

Sunday 7th July 2019
quotequote all
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.