Breach of my data protection

[Wubbalubbadub]

Morning folks,

 

So I'll try and keep this short and sweet. I recently signed myself up to a lease with Volkswagen. I had a problem with my car seat and so took it back to be fixed.

 

I went back after work to pick it up where I saw two members of the public reading something on top of a counter while they were waiting to be served ( in the waiting area ).

 

When they left I got bored and so decided to see what was so interested....

 

I was amazed to find it was my car sheet stating the following information;

 

My name

My address

My car details

My contact numbers

My email address

How ,I have my car lease is...

 

 

I have logged a complaint with Volkswagen and I'm now waiting for them to get back to me. But from a legal point what do you think is appropriate?

 

Bit of a loss on what to do..

[pcstru]

But from a legal point what do you think is appropriate?

That depends entirely on you and what you want. On a sort of sliding scale, do you want an apology or compensation? Do you want them just to say it will not happen again or do you want to pursue them for information that demonstrates they are putting appropriate measures in place to stop it (procedure/policy/training/disciplinary action against individuals)? In terms of Data Protection, the ICO would be able to give them a slap on the wrist (a small fine), but are more likely to look at their policy etc and get them to tighten up. That slap could help a claim for damages, but the problem is demonstrating any actual loss. If your violent ex was at the counter, gleaned your address and proceeded to smash your house up, that would be a strong case! Just being a bit miffed at them wouldn't really be. There might be scope to look at the lease and changing car/garage as a result of loss of faith in them to fulfil their duty of care to you as a customer, but that kind of legal action is rife with uncertainty and can get wearing quite quickly (stressful and expensive).

 

Personally I'd look for an apology, some explanation of how it happened and some explanation of what they were doing to ensure it cannot happen again. I might report it to the ICO (assuming they don't) and if I was satisfied that it was a genuine one off mistake and they were taking appropriate action, then I would leave it at that.

[Ephelyon]

Not defending Volkswagen here, but it's also worth bearing in mind that, although you were in the same room with them, these other people almost certainly had no idea whom the personal data actually belonged to... unless they already knew you, that is.

[Wubbalubbadub]

I must admit my mind is thinking in the way what freebies will I get out of this.

 

Maybe upgrade my car? Is that out of the question.

 

The sensible body in me is also going to make sure they report this to the ICO.

[arwen]

Point out to them that they have breached the data protection. My guess is their staff are not properly trained, and didn't see the issue. Either that or they need reminded of it.

 

Go in again in a few weeks time and have a wander around the desks, see if you can see anything that would breach data protection. If yes then report them.

[Wubbalubbadub]

I think they will have my face plastered over the staff room by the time this is over.

 

Opened a can of worms here to be honest.

 

Matt

[pcstru]

Maybe upgrade my car? Is that out of the question.

Most probably out of the question. From their POV, the maximum they face is a small fine and a notice (and follow-up action) to get their act together. If you want to prise compensation out of people, you need to be able to show actual damages. Sometimes that can be based on mental and emotional wear and tear but it is extremely unlikely in this case unless there are circumstances you have not described. Pursuing people for money when they DO owe it to you or when compensation IS almost certain can be time consuming and stressful. IMO it would be ... unwise, but if you do think you are entitled to something, then unless you have a firm grip on the legal issues (the exact legislation and case law under which you would pursue a claim), you should speak to a solicitor!