Data Protection Act - Is it abused?

  • Snowball's Avatar
    On BBC Watchdog, there was an article concerning redirection of mail being arranged without the legal recipient's knowledge.
    One victim explained how he met up with the postman outside his home, and he was asked about his new address. Another victim sent letters to herself, and found that they did not arrive.
    Realising that there was a problem, they contacted Royal Mail.
    Under the Data Protection Act, Royal Mail refused to disclose where the mail was being sent. This is utterly ridiculous; technically they are aiding and abetting an offence after the act.

    I do not believe the Act was intended to be used in this manner. Whilst it is obvious that certain facts have to be kept confidential, when someone has used fraudulent methods to steal your property then this beaviour is only serving to protect criminals.
  • 12 Replies

  • Rolebama's Avatar
    An application for the address under Section 7 of the DPA will get a result. There may be an admin charge of 'up to £10' for the info, but info is available.
    I spoke to a very informative person on a telephone number I got from this website:
    http://www.ico.gov.uk/what_we_cover/...rotection.aspx
  • Snowball's Avatar
    Had a quick look at the website, Rolebama. Interesting; particularly the suggestion of fees (that always finds its way in), but I think there is a catch. In the case of the Royal Mail redirection problem, they may well divulge any information they have about you, and of which you will most likely alrady be aware, but they will not divulge the information about another party (e.g., the name and/or address where your mail has been sent), and that's the problem.

    If I was suffering this scam, there is one thing I would try. On the basis that such mail must be endorsed with the new address, I would send myself a letter, then try to be at the sorting office just before the mail went out. Then, in possession of adequate identification, I would demand that the letter be handed to me. As the proven legal recipient of the letter, I cannot see where they could refuse.

    There could be another more certain way, but might require almost sentry-guarding the sorting office.
    Put insufficient postage on the letter, and it will be retained at the sorting office, and a card left to say a parcel was held waiting collection and payment. You wouldn't have the card, but you would be aware of it. So you just keep visiting the office to say you have a letter to pay for; conveniently apologising for losing the card on the way there.
  • wagolynn's Avatar
    Guest
    There is a lot of misunderstanding about the data protection act. It applies to electronically stored data only, but it tends to be the refuge of obstructive bureaucratic types rather like health and safety.

    Back to the royal mail problem, what appears to be missing is proof of identity when applying for mail to be redirected. On reflection it is a by product of the royal mail's pathetic attempts to increase efficiency. When we had post persons, regularly working a given route, any false redirection would be noticed by them as the house would still be occupied.
  • Rolebama's Avatar
    Surely, any mail addressed to you will have your name on it. The Post Office will have a redirect address with your name on it, therefore the information held would be concerning you, so DPA Section 7 applies.
  • wagolynn's Avatar
    Guest
    I think the problem would be, the victim would not know the address, the mail had been redirected to, so they could give the correct name but not the correct (redirected) address. This would look suspicious to the royal mail.
  • Rolebama's Avatar
    I don't see why there should be any suspicion attached to the addressee of mail. As the mail being redirected would have the recipient's address, being redirected is the suspicious element, as obviously the addressee would not be the one changing the delivery address.
  • wagolynn's Avatar
    Guest
    I don't see why there should be any suspicion attached to the addressee of mail. As the mail being redirected would have the recipient's address, being redirected is the suspicious element, as obviously the addressee would not be the one changing the delivery address.
    Such a long time since I last redirected any mail, I thought they stuck a label over the address with the new address on it. If as you suggest, the original address is still there you would expect proof of identity should do the trick.
  • Rolebama's Avatar
    To be honest, I do not know what system the Post Office use, but it doesn't really matter, as the letter would be addressed to recipient. What I find more worrying is that the Post Office accept instruction to redirect mail from someone other than the addressee.
  • wagolynn's Avatar
    Guest
    To be honest, I do not know what system the Post Office use, but it doesn't really matter, as the letter would be addressed to recipient. What I find more worrying is that the Post Office accept instruction to redirect mail from someone other than the addressee.
    I suppose it is a 'new' crime and so they have not thought it through, as you say a robust check of the identity of someone ordering redirection is required with a secure procedure to unwind a fraudulent redirection.
  • Snowball's Avatar
    To be honest, I do not know what system the Post Office use, but it doesn't really matter, as the letter would be addressed to recipient. What I find more worrying is that the Post Office accept instruction to redirect mail from someone other than the addressee.

    Apparently, all you need to get mail redirected is to produce a utility bill. So, anyone who has acquired such a bill (e.g., sifting dustbin) can just go along and make the arrangements.
  • Rolebama's Avatar
    Snowball, off topic, but somehow relevant, in response to: 'Apparently, all you need to get mail redirected is to produce a utility bill. So, anyone who has acquired such a bill (e.g., sifting dustbin) can just go along and make the arrangements.'
    My wife and I are Trustees of two Charities. To make things legal, we had to produce proof of identity for solicitor and accountant. All household bills are in my name, and my wife has no Driving License or Passport. It was finally agreed that three of us writing statements that we finally got around the legal implications. To me, just producing a utility bill doesn't seem to cut it.
  • Snowball's Avatar
    There are several ways that security could be tightened; if Royal Mail could be bothered.
    Most, if not all, people know at least a week before they are due to move. So all it needs is, at the time of arranging redirection, for the applicant to be required to complete a confirmation form that is then posted by Royal Mail to the current address.