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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Could you tell me whether our post lady or indeed the royal

Resolved Question:

Could you tell me whether our post lady or indeed the royal mail is allowed to provide information about either our address (past or present) or mail forwarding arrangements (made in the past), to either a planning enforcement officer during an investigation, or an inspector in charge of a planning public inquiry? Against our wishes of course!
David Y
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

No, they may not reveal your personal mail forwarding arrangements without your consent as this would be contrary to the Data Protection Act 1998.

Can I assist further?
Customer: replied 3 years ago.

Can they give general address and / or previous address details to either an investigating officer for the planning authority (or an inspector in a planning public inquiry.) What are the potential penalties for contravening the act?

Expert:  UKSolicitorJA replied 3 years ago.
No, they may not do so without your consent and the Information Commissioner's Office may issue penalties of up to 500,000 pounds for serious breaches of the DPA.

See here about monetary penalties:

http://ico.org.uk/enforcement/fines

See here for information how to raise your concerns:

http://ico.org.uk/for_the_public/raising_concerns

There are exemptions from the requirement to keep personal data confidential e.g.

More information on the above exemptions is available here:

 

http://ico.org.uk/for_organisations/data_protection/the_guide/exemptions

 

From what you have said, none of the exemptions appear to apply in your case and the post lady/Royal Mail should not disclose your address arrangements without your consent or without a court order.

 

Customer: replied 3 years ago.

Do any of these exceptions apply in the circumstances I have described? i.e. an enforcement officer gathering evidence to present to a planning public inquiry, or the actual inspector at that public inquiry?

Expert:  UKSolicitorJA replied 3 years ago.
From what you have said, none of the exemptions appear to apply in your case and the post lady/Royal Mail should not disclose your address arrangements without your consent or without a court order.
Customer: replied 3 years ago.

If they have contravened the Act, what do we do then - I realise go to a solicitor, but what specifically will we be asking him/her to do? e.g. would we be asking him to "sue" them - what is the terminology?


 


If, they have not yet, (but we think they are going to), and we decide we want to put them off, (breaking the law). How is it best to proceed - send them a letter?

Expert:  UKSolicitorJA replied 3 years ago.
You may complain to the ICO:

http://ico.org.uk/concerns/handling

or appoint a solicitor to handle the complaint/case for you. "We wish to take legal proceedings against Royal Mail/Postlady for breaching our rights under the Data Protection Act"

If they have not yet diclosed the information, you should rush to a local solicitor and get them to write a letter to RM/postlady reminding them of your rights and their obligations under the Data Protection Act and that legal action may be taken against them if they contravene the provisions of the DPA.

The solicitor's letter will be more effective than you sending them a letter. You should do so ASAP as in today if at all possible.

Hope this clarifies. Please take a second to rate the service.
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