Mobile number taken without my consent.

[Chris]

I had a member of staff who left to work elsewhere. The elsewhere was my local Kia dealer as a service advisor. I recently changed numbers so updated it with them when I was last in. I then got a phone call from the member of staff from his personal number asking for a copy of his old cv as he wasn't enjoying his new job. I mentioned this to the dealer as he has clearly taken it from their system...data protection. Now he has passed my personal number onto a recruitment agency for a character reference.

I'm hacked off because I don't want my number being handed about...I'm also hacked off that my details have been taken from the dealers system.

Is there anything I can do? Do I report it?

[loskie]

TBH it really just sounds like sour grapes.

But technically is probably incorrect. The Kia dealer should have a policy for protecting information and a procedure that staff should be made aware of and possibly sign to acknowledge that.

But what in reality do you hope to gain?

[KenONeill]

It does sound like a violation of the Data Protection Act, but as long as the dealer has a DP policy that your ex-employee has breached there's not a whole lot you'd gain from reporting the breach.

[Rustynuts]

Stop in and see said member of staff. Tell him you're going to cut his *******s off if he doesn't remove your details from his memory and elsewhere he might have them saved.

Also, point out that while it's fun to sit behind a keyboard ****ing people off, when you start to **** off the wrong person and get under their skin it becomes a reciprocal agreement. You also have his details...

 

I have a notepad document on my desk top of the mobile and home number of someone who once crapped on me, and I'll use it when I feel like it's reasonable.

[hutchysrs50]

I know what you mean, Its bad enough getting PPI phone calls at the minute, never mind people that might sell your details on again. 

Saying that i do agree with the above, i dont think anything will come of it other than an apology possibly

[Outofthi5world]

So he's given your mobile number to a company who will ask you for a character reference? Give them one! Tell them that he steels peoples personal information and gives it away to companies to get character references.

[langers2k]

The hardest part of this is proving that he got your number from the Kia systems. It's also possible that he asked a mutual friend who gave the new number.

 

Certainly rude to give it to a reference agency without asking first though.

[Ramsey2510]

If he has definitely taken your number from a company database to use for his own personal use, without consent, then it is 100% a breach of the Data Protection act. 

 

Every company that handles customer or client personal data must have, by law, a data protection policy. Penalty for not doing so, and a breach of data occurring, can be quite heavy for both the company and the person responsible. 

 

Otherwise, any employee could come along, take a chunk of personal data and sell it on to someone else. 

 

Part of when you sign any sort of agreement with a company, usually one of the caveats is they can distribute your information, which is why when you give your phone number or email to some companies, you end up with more spam emails or random phone calls. Which is how companies get around Data Protection. But that does not extend to personal use by employees, which is the case here. 

 

So yes, I'd definitely take this up with the Information Commissioner's Office. Because not only is it a breach of your own data, but its through incidents like this, that larger incidents can occur. 

[Aspman]

It's a breach but you're unlikely to get much traction from the commissioner.

 

If you know who he has passed you details to you could write to them say that the number was taken and passed on without permission and that you ask them to remove your details from all of their databases.

You could follow up with an SAR (£10).

 

Or wait till they contact you and do the same. If they are reputable they'll probably act quite quickly if they're not reputable....well not much you can do anyway.

[loskie]

https://www.gov.uk/data-protection/make-a-complaint

[gadgetman]

When a really old colleague put me down as a reference I let the company know a) I hadn't worked with them for about 2 years and b ) didn't want to give a reference for this reason.

I'd do the same for this guy, as well as writing to both the dealer principal and Kia UK expressing your anger at this clear breach of your privacy

[vxh26]

It is threads like this that make me want to rush out to buy a popcorn making machine.

[VWD]

The hardest part of this is proving that he got your number from the Kia systems. It's also possible that he asked a mutual friend who gave the new number.

 

Certainly rude to give it to a reference agency without asking first though.

Does it matter how he got the number? He got it and without the courtesy of  asking you if you'd help him, passed it on to an agency . perhaps if the agency knew that, they'd not be asking you for a reference.

[langers2k]

Does it matter how he got the number?

Well yes, if he got it from the kia system then that's bad and could have implications for his current job. If however a mutual friend shared it then there is no reason for kia to be involved.

I completed agree he shouldn't have passed it to an agency without permission but depending how he got it then there may be legal ramifications.

[Chris]

We have no mutual friends.

[petrolbloke]

In my experience the ICO won't do anything, especially for what is probably a one off breach. I know it seems like common sense to you and I but the guy might not have been aware that he breached the DPA and may not have been given data protection training by his employer.

 

I'd probably report it to the dealer though as they should make sure that staff that have access to people's data understand data protection principles.

[FUBAR]

Just a thought, aside from the phone number thing, would it be a breach of the date protection act if you were to fulfil his request and supply him with personal information which the employee provided to your company specifically in the absence of the employees permission? 

[cheezemonkhai]

As above...

 

Give him a reference. It's can't be bad, but it can be that you don't feel you could give a character reference for somebody who didn't ask you before passing your details on.

 

That should give him what is deserved.

[DanHarper]

Why can't it be bad? Its not an employers reference and he didn't even ask.

 

"What? That **** gave you MY ****ing number as a WHAT?! That **** munching **** stain! **** OFF!" *hang up block number*

 

Of course rather relies on them catching you in the car or somewhere you can let rip

[StevesTruck]

An employers reference can be bad, but it's got to be truthful. Bear in mind that if the employee asks for the contents to be disclosed to them, they can.

Edited 14 November, 2015 by StevesTruck

[gullyg]

I presume it's a character reference not an employer reference.

Frankly I'd do the following,

Tell any recruiters the truth : that the person didn't ask for permission and that you believe that your number was obtained in contravention of the data protection act explaining the situation.

Speak to the management at the dealership saying you are receiving calls from recruiters looking for a reference for them and you believe they got the details from the dealerships systems.

This will put the kybosh on any job offers (you'd hope) and get the person into hot water at work for taking your details and possibly looking to jump ship.

You're not lying as long as you say you believe....

Edited 14 November, 2015 by gullyg

[loskie]

what a nice bunch you all are!

[dave_l]

Your numbers hardly been added to some call me 400 times a day list.

I suggest we get the pitch forks out and chase him down the streets.

Or stop being bitter and do him a favour