Which? has published the results of an FoI request to the ICO regarding the number of complaints made to them which allege breaches of the Data Protection Act.
Between August 2009 and August 2010 1,163 there were complaints about alleged data protection breaches by financial institutions - 515 of them against eight of Britain’s biggest banks and building societies - where the ICO thought it was likely they had broken the rules set out by the Data Protection Act 1998.
Over half of all complaints arose from firms failing to provide customers with copies of the data held about them properly. Other potential breaches included banks holding inaccurate data about customers, failing to follow security measures and the disclosure of data to third parties. Barclays, Lloyds and Santander were the worst offenders with 116, 114 and 103 respectively.
Which? said that their research showing that just 13 per cent of people have heard of the ICO to complain to - from which they conclude that these breaches are likely to be just be the tip of the iceberg. That, of course, begs the question of whether the population of those who have heard of the ICO is representative of the the population of those who have had problems with the banks. Which?’s 13% is also in stark contrast with the ICO’s research which shows that “… nearly 90% of individuals surveyed were aware that they have a right to see the information that a company or an organisation holds about them…” - so what question did Which? actually ask?
Which? points out that there is also no legal obligation for organisations to report data protection breaches to their customers or the ICO.
What do you think:
are the figures “shocking” in the context of the number of accounts and interactions between individuals and financial institutions?
Is there any evidence of systemic failure or are each of these incidences a one-off?
do you think the figure is the tip of an iceberg?
do you think all data protection breaches should have to be reported to the ICO?
do you think the ICO should use its fining powers more vigorously?
do you think compensation should be paid automatically - if so how should it be calculated?
have you been affected?... Send your comments to katie@medianett.co.uk.
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