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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2236
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have supplied Someone’s data do just e mails etc that, had

Customer Question

I have supplied Someone’s data do just e mails etc that
JA: Where are you? It matters because laws vary by location.
Customer: had their name in it as their mother was a care client they are now saying they want to make comments against what others have said and we need to file these
JA: What steps have you taken so far?
Customer: We had taken all the care notes and left just the comments which have there names and we have sent statements that carers made about incidents with this individual complained about us
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they just want to take us to court for any money grab
Submitted: 12 days ago.
Category: Law
Customer: replied 12 days ago.
England
Expert:  Ross Miller replied 12 days ago.

Hello my name is ***** ***** I will be the expert assisting you with this matter today

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Thank you

Expert:  Ross Miller replied 12 days ago.

Can you give me a little more info about this situation. Who data was shared. Why was it shared, was this allowed? Have you been contacted by the ICO?

Customer: replied 12 days ago.
We provide care in peoples homes
The daughter and her husband have fallen out with other 2 sisters and the lady has passed away the daughter and her husband wanted the dated and we provided it blacking out anything but their name and that they arrived or left
And messages and e mails and statements from the carers who this couple had complained about
The real information they want is to somehow prove that the sisters made comments about them
Expert:  Ross Miller replied 12 days ago.

Thank you. So as long as the family have the right to see this information then you are not doing, nor have you done anything wrong. However, for arguments sake, if you have breached any data laws, then they cannot just simply take you to court and get money from you. They would have to make a complaint to the ICO who would look into the matter. If the ICO looked into the matter and then determined that there had been a breach, then they may be able to make a claim. However, this claim would not be against you personally, but the company you are employed by. If you are simply employed by the person then the ICO may impose a fine. They cannot just turn to you and say you should have displayed certain information and ask you for money. There is correct process etc which has to be followed through. If for any reason they do raise any action then you should speak to a solicitor ( I will provide you with a helpful link to find someone local to you should this be the case).

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Customer: replied 12 days ago.
if the information we supplied had comments about those that requested the data then do the have a right to comment on these comments and we have to record them
Expert:  Ross Miller replied 12 days ago.

IF they wish to make comments about what is said in the reports then I would suggest that you ask them to submit this in writing and keep it on file, I don't see why they wouldn't have the right to do this, but I don't think it would constitute a data breach. However, if you feel that you have done your job and they are simply not happy then you don't have take any acton on their comments. Obviously it will really depend on the nature of what is being said. If you have made a professional comment about family members and they are not happy about it then you have still done you job correctly, just because they are not happy about the comments then doesn't mean anything is actionable.

Customer: replied 12 days ago.
Can I just tell them not to bother with the comments as I am not interested in carrying on with this it is a waste of time
Expert:  Ross Miller replied 12 days ago.

You can as long as your feel that all professional obligations are met.

Customer: replied 12 days ago.
Thank you
Expert:  Ross Miller replied 12 days ago.

I wish you all the best.