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Posted By Edward Shyer
Is there a legal requirement under the data protection act to provide personal details such as date of birth etc.
Regards
Ted
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Posted By Paul Leadbetter
Ted
To whom?
Paul
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Posted By Edward Shyer
To the party requesting the information.
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Posted By Seamus O Sullivan
Why do they require this information?
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Posted By Adam Worth
Ted you need to be more specific.
I would answer.. depends who's asking.
A policeman - YES
A salesman - NO
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Posted By martinw
Who is asking for the information, and for what purpose, was what the question meant, I think Edward?
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Posted By Coshh Assessor
In any case, the answer is No. The Data Protection Act does not require personal data to be given out, instead it requires personal data to be protected (in specified cirumstances).
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Posted By Coshh Assessor
Unless of course the person making the request is the one whose personal data it is ... but it's hard to see why anyone would be asking for their own date of birth.
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Posted By Swis
A sales person etc can't request someone else’s information under data protection. Person requesting their own personal information should be provided (completely – whatever’s held on/in your systems)
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Posted By Zyggy Turek
Ted,
Are we talking about Freedom of Information, rather than Data Protection?
Zyggy.
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Posted By Swis
Section 7 !!!
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Posted By Swis
I think we are confused!!!
Maybe a bit lost too???
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Posted By Swis
You can’t provide someone's personal information under freedom of information act
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Posted By Swis
Edward – Can I ask you (under the same data protection act) to elaborate on your question?
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Posted By martinw
You all right there Swis? 4 posts in a row? Even for you that is a bit much... ;-)
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Posted By Swis
I’m perfectly all right. Looking for an easy query to crop up…couldn’t resist..:-P
How are you anyway?
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Posted By martinw
OK and even better as going home in a minute. WOO HOO!
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Posted By Edward Shyer
Just to elaborate, it is a credit card company.
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Posted By Swis
In this case, you are required to provide any information about someone.. (not even the names)
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Posted By Paul Leadbetter
Sorry, Swis
You have lost me now!
Paul
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Posted By Swis
Providing personal information to a third party without consent will breach section 21 of data protection act… (Exemptions apply)
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Posted By Swis
Sorry missed the word 'NOT' in previous post (the one before the last one).
Sorry Paul – fingers missed the whole word!!!! :-(
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Posted By Swis
Done it again – mixed up with words once again. missed the word ‘under’ in my second last post…
Maybe I need to sort my own data out.
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Posted By Toe
Data protection Act does not apply to data being received it applies to protect the data that is stored.
Therefore if the credit card company are asking for DOB and you refuse to give it then they may not give you the credit card, you cannot use the DPA as an excuse to refuse to give the information they require to validate who you are, however once the information has been given then it falls within data protection.
On the other hand you may be in your right not to divulge your DOB on your CV or job application form so that a potential employer cannot age discriminate against you, but this is a different issue.
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Posted By Edward Shyer
Just had another call, this time they requested the info for security reasons I again refused to divulge my DOB, they then said I had to provide this under data protection or they couldn't continue the call.
Under these circumstances am I right to refuse to give them my DOB.Funny how security suddenly turns into data protection.
regards
Ted
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Posted By Coshh Assessor
They are perfectly right to require identification in order to discuss your account with you. That is protecting your data from others who may try to access it.
The data protection requirement is that they know it is you they give any account information to and not anybody else, hence they require your DOB.
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Posted By Swis
I think, I’ve got the picture. So it’s your credit card company.
Now the question is: who is calling who to get the information;
1) if you are calling them to discuss your account etc then what’s the problem in providing your DOB as they would already holf this information anyway. IN addition, they are only asking you this info to ensure that person requesting the information is the right person.
2) if the credit card company is contacting you to request something they already have – seems a bit tedious.
Ted – are you sure that it’s not the debt collecting agency who’s requesting this info… If this is the case tell them to ………….(whatever you think is suitable)
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Posted By Paul Leadbetter
What have discussions with a credit card company go to do with workplace H & S?
Paul
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Posted By John J
Unless you have contacted them and its a secure source DO NOT give any personal details.
There are many scams where people phone asking your details then use these to obtain their own cards in your name, transfer money etc.
In the best case scenario your stopping this company cold calling you, at worst they'll unburden you of your cash,
John
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Posted By Clare Gabriel
RIDDOR - name, address, age
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Posted By Flic
Edward, this seems to have strayed well away from workplace H&S. Is there any connection at all? If not I suspect I hear the clumpy feet of Moderators approaching!
Flic
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Posted By Edward Shyer
Clare:
"RIDDOR - name, address, age" Please explain?
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Posted By Phil Rose
Toe has it right in his very first sentence. The DPA is about protecting the data! So a credit card company can't use the DPA as a reason for you to not to give them you DOB, but they can subsequently use the DPA as a reason not to pass on that info to a third party. Where the information is required to be given to comply with another statutory duty, e.g. an employer completing a RIDDOR form, then the employer cannot use the DPA as a reason not to provide the personal details. FIO applies only to public bodies.
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