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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This is an urgent request. Is it a data breach in the UK if

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This is an urgent request. Is it a data breach in the UK if a persons name is XXXXX XXXXX the contents of a business email about a on going project that the data subject ( named in the email ) is aware off. The data subject is not on the receive list however. The email is sent to another company IN CANADA by mistake.

I believe that this does not constitute a data breach in the UK or CANADA. Is this true and why?


Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Does the email disclose any details about the person such as their address etc, or just the name?


No it is purely a persons name. The email was in relation to a project that is ongoing and that the data subject is aware off. He was mentioned favourably in the email - but he was not on the send to list. It is a business email with all business recipients. The email was accidentally sent to a business in canada that has no knowledge of the project. This is no issue that confidential was sent.

I don't think that a persons name in this context means i have to report it as a data breach. I just need to know why ?


Will i get this answer this evening - please

Alex Watts : Sorry yes I was having dinner.
Alex Watts : This is not a breach of the data protection act.
Alex Watts : This is only where personal data is disclosed, such as a persons address, bank details etc.
Alex Watts : Just using someone's name is XXXXX XXXXX breach of the act.
Alex Watts : I am sorry if this is not the answer you want but I have a duty to be truthful.
Alex Watts : Can I clarify anything for you about this today please?

Thank you, XXXXX XXXXX what i had expected.

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