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RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 3443
Experience:  LL.B (Hons)
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It's about Data protection. I had a support worker assigned

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Hi, it's about Data protection. I had a support worker assigned to me (via social work) from an agency but I never signed any data sharing agreements. My details have been stored over several months. Is this a breach of the law?
JA: Where is this? It matters because laws vary by location.
Customer: Scotland, Perth&Kinross
JA: What steps have been taken so far?
Customer: None really, asked to see signed agreement with records and they admitted none held
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No idea, but have been waiting since May for records from other orgs!
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Thank you.

Thank you for the question.  It is not an offence to store your information for a period of time, however, it would be an offence if they were to share your data with a third party without your consent, this is why we now have the GDPR.  They require to you expressly give permission in order to share any of your personal date.   If they do this without your consent, you can be seen to be a "Victim" of a GDPR breach.  If a person’s data has been given to a third party then the are seen as the “victim” of a breach in association with GDPR.   If the victim wanted to take formal legal action, they may do so under Article 77 of the GDPR. There is no need to show that financial losses have been suffered and compensation can be sought for mere distress caused by the alleged breach. The level of compensation will depend on the severity of the breach and the effects it has had on the victim.   With that being said, there are provision in the GDPR, which allow for information to be obtained and shared without consent if these are for some specified legal reason.  With it being the social work, then this may be the case.  If you wish to see what information they have then you can request this in writing and they must comply with the request within a period of one month.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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Kindest Regards.

Customer: replied 10 days ago.
Thanks for that. I have yet to ascertain whether they have shared my information or not. I have requested to see my files and have now been waiting 5 months with nothing but excuses. They do not need to comply with data requests in any timely manner due to covid rules

If they have shared your data with anyone, they are in breach of GDPR, also I would write to them and state that if they do not adhere to your request you will report this to the ICO.

RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 3443
Experience: LL.B (Hons)
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