Data Protection Act breach - advice

[bri mac]

I work for a local authority doing criminal prosecutions and have been involved leading a case with a dangerous mental health patient. During this time he has been violent to me and other individuals, threatening people with knives, guns and rape. I have also seized equipment from him with a case pending.

A partner organisation is running a civil case to evict him, but in doing so have disclosed to him, my full name, date of birth, home address, home phone number, place of work and employee number. He has seen and retained the information.

With the cases pending, all agencies - council, housing association, mental health team and police, consider that myself and my family are at great risk as the individual lives 10 minutes walk from my house.

 

The housing association have accepted a breach of data protection, but offered no redress, so I am considering pursuing damages in court. With the tightening on damage claims, does the forum think i have suffered damage and distress ? (I do, and the house has been altered to make it as secure as possible, however the wife and kids are extremely uncomfortable)

 

Thanks for any advice.

[renegadeimp]

Why the heck would they give him that? If anything thats more criminal than civil.

[bri mac]

Why the heck would they give him that? If anything thats more criminal than civil.

 

they forgot to redact their evidence before sending it to him. He has now retained those documents

[citizenB]

You might want to make a complaint to the Information Commissioner's office !!

 

I will alert site team to see if they can offer any further advice.

[renegadeimp]

I would also consider notifying the police. You may need police protection.

[stu007]

Hi

 

Shocking behaviour of a Housing Association.

 

1. Immediately inform your employer of this serious breach or what action is the employer taking due to this breach.

 

2. Report this DPA Breach to the Information Commissioner.

 

3. I would also advise reporting this to the Police bear in mind they may need to discuss this with you employer and the HA.

 

4. Has the Housing Association Informed the Information Commissioner of the DPA breach?

 

Now the Housing Association I assume you made a Formal Complaint in writing to them exactly what was their response and did they forward you a copy of their Complaint Procedure? (You need to exhaust the HA complaints procedure and if still unhappy Formal Complaint to the Housing Ombudsman).

 

Personally I would contact the Housing Ombudsman and explain to them the serious nature of this breach and see what they say.

 

Housing Ombudsman Service Link: http://www.housing-ombudsman.org.uk/

 

ICO Link: http://www.ico.org.uk/for_organisations/privacy_and_electronic_communications/security_breaches

Edited August 22, 2013 by stu007

[seanamarts]

Totally shocking, the HA should be bought to task over this and a full investigation should be done on how this information was leaked to this person.

[stu007]

You can also contact the Housing Regulator and report this to them as well and see what they say.

 

Homes & Communities Agency (HCA) this is their link: http://www.homesandcommunities.co.uk/ourwork/regulation

[bri mac]

Thanks for the advice so far:-

Police and employer are aware. HA have admitted their mistake in writing and are currently investigating what exactly happened, but the 'correct officer' is on annual leave for a while. They have offered any security measures for the house.

They have not referred the matter to the ICO, so I will do that on Tuesday, and will speak to the Housing Ombudsman too.

In the meantime, Ive had a strange visit from someone rearranging my hubcaps. In a CCTV blindspot, which is no longer the case.

I think they should be made to realise that this changes things for a long time now, given my job

[renegadeimp]

Even if he is on annual leave, unless he is miles away, he should be recalled immediately as this is extremely serious.

[stu007]

I would also be wondering why the housing association has not informed the ICO of this breach as they are required to do so.

 

I probably don't need to tell you but kept a good paper trail and make sure your complaint with the housing association is treated as a formal complaint.

 

Now if you have been informed by the HA that they need to wait for this officer to get back as part of a complaint was this extension to the time limit actually agreed by you?

[AndyOrch]

Thread moved to DPA forum.

 

Regards

 

Andy