Dear Information Commissioner's Office,
Could you please let me know if the following example constitutes, or would constitute a breach of the data protection act.
For example, if I have an account with Company XYG and a 3rd party individual telephones the company and gives sufficient details which identifies me such as name, address, date of birth and there has been no authorization from myself to this 3rd party to telephone giving my details and the company accesses my account for this individual. Would this be construed as a breach of the GDPR.
Also if it was abundantly clear to the employee who was accessing my account for the 3rd party individual, recognizing that it was not myself who was telephoning, for example my name is Mark and am male and if the 3rd party individual was a woman, then would that be an example of a breach of the GDPR.
Also if this scenario were to be officially recognized by the company as a security breach and admitted by the company as a breach of data protection policy, would this be recognized as a breach of the GDPR by the ICO.
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Dear Mr McNamara,
WDTK Acknowledgement - DP/FoI Complaints
Thank you for contacting the Information Commissioner's Office (ICO) through the whatdotheyknow.com (WDTK) website.
The WDTK website was created to help people request information from public authorities under the Freedom of Information Act (FoIA) and the Environmental Information Regulations (EIRs).
The ICO is the regulator responsible for overseeing information rights legislation. We are also subject to the legislation we oversee.
As a public authority we are subject to the FoIA and EIRs, so if people want to request information we might hold about our work as a public body, they can do this through WDTK.
The correspondence you have sent to us is not a request for information we might hold. It is a data protection complaint scenario about the way an organisation has or has not complied with the legislation we oversee. We do consider issues like this. However, we do not deal with this part of our work through the WDTK website.
Please visit the ICO website www.ico.org.uk for information about the legislation we oversee and advice on what to do if you are unhappy with the way an organisation has met its information rights obligations.
If you need to raise a complaint or concern with us you can do this by following the instructions on this page of our website -
Please also contact our helpline for any further advice on 0303 123 1113.
Please do not reply to this message through the WDTK website. We make no commitment to respond if you do.
The Information Commissioner's Office
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