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bank reveal my personal detail to third party

  • 03-04-2013 1:14pm
    #1
    Registered Users Posts: 72 ✭✭xiuzhen


    Hello everyone,
    I am a student, my parent lodged some money into my account every month with my account number and sort code. As always, somehow this week, when my parent went to back as always. Bank staff wrote my balance into receipt to my parent. I feel that is offensive and show no respect to others privacy.

    I rang the bank and complaint about it.
    Can I sue the bank? or anything I could do about it?
    Any professional help or suggestions for me, please?


Comments

  • Closed Accounts Posts: 805 ✭✭✭SB2013


    Sue them for what?


  • Registered Users Posts: 72 ✭✭xiuzhen


    SB2013 wrote: »
    Sue them for what?
    reveal personal details


  • Closed Accounts Posts: 805 ✭✭✭SB2013


    xiuzhen wrote: »
    reveal personal details

    To your mother who lodges money to your account? Exactly what negative impact have you suffered?

    Report them to the data protection commissioner.


  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Banks have a strict duty of confidentiality regarding customer account information to which there are four limited exceptions. There could be an issue implied permission here.

    The legal route is complete useless here. You have suffered no damage and any litigation could be regarded as frivolous an vexations.

    On the other hand, if you have just won the euro millions and want to amuse your self then by all means consult a solicitor. However, never rely on random internet advice.


  • Registered Users, Registered Users 2 Posts: 26,713 ✭✭✭✭Peregrinus


    The bank is (very probably) in breach of its duty of confidentiality to you. But you'll get no damages, because you have suffered no loss.

    You have at your disposal a much more effective (and easier and cheaper) sanction; take your banking business elsewhere, and write to your former manager and tell him why you did so.


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  • Moderators, Science, Health & Environment Moderators Posts: 23,231 Mod ✭✭✭✭godtabh


    Are you sure it was your balance and not the amount lodged by your parents? If your balance was zero the two could be the same.

    Must be great to be a student if this is all you have to be worried about!


  • Posts: 0 CMod ✭✭✭✭ Dominik Abundant Metronome


    godtabh wrote: »
    Are you sure it was your balance and not the amount lodged by your parents? If your balance was zero the two could be the same.

    Must be great to be a student if this is all you have to be worried about!

    Data protection is and should be a concern for anyone.

    If they did do this OP, as mentioned above, report the bank to the data prot commissioner and take your business elsewhere - and make sure they know why


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    what is it with the current generation .... trying to sue for anything.

    OP - while the bank may have been negligent, why do you want to sue ? do you simply want money that doesn't come from your parents ?

    you do realise there are other people affected if you do try and sue.....if someone made a mistake, contact the bank, complain and keep an eye on them in the future ...as others have said ...take your business elsewhere.


  • Moderators, Science, Health & Environment Moderators Posts: 23,231 Mod ✭✭✭✭godtabh


    bluewolf wrote: »
    Data protection is and should be a concern for anyone.

    If they did do this OP, as mentioned above, report the bank to the data prot commissioner and take your business elsewhere - and make sure they know why

    Depends on the answer to my questions. was the amount on the receipt the same as the balance of the account? In that case it was just one of those things.

    As regards data protection I agree it is important but I dont agree with the over reaction.


  • Registered Users Posts: 86 ✭✭EireGreg


    call Lionel Hutz hes the only lawyer i know that could handle a situation as serious as this.


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  • Registered Users, Registered Users 2 Posts: 453 ✭✭LoveCoke


    i lodged money for someone and got a receipt which i presume has the balance on it. I didn't look but i have money there too and they give a receipt with the balance. For Data protection what should they do receipt in sealed envelope?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    See Donnelly on The Law of Banks and Credit Institutions (1999), p. 147 onwards. There may be a more up to date version of that book now.

    Bankers have a duty of confidentiality to their customers. Breach of this duty is actionable, of itself.

    Successful actions for breach of bankers' confidentiality would be hoped to achieve awards of damages and costs.


  • Registered Users, Registered Users 2 Posts: 1,310 ✭✭✭Technoprisoner


    what if a bank discussed a siblings account in arrears?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    what if a bank discussed a siblings account in arrears?

    Sounds like breach of duty of bankers' confidentiality.

    A bank which reveals details of a customer's account without consent of said customer or without other lawful authority (order of discovery, disclosure under Revenue statutes, etc.) is breaching its duty of confidentiality and is liable to be sued for damages.


  • Registered Users, Registered Users 2 Posts: 453 ✭✭LoveCoke


    Sounds like breach of duty of bankers' confidentiality.

    A bank which reveals details of a customer's account without consent of said customer or without other lawful authority (order of discovery, disclosure under Revenue statutes, etc.) is breaching its duty of confidentiality and is liable to be sued for damages.
    what about me getting the receipt with the balance on it. Should they have sealed it?


  • Registered Users, Registered Users 2 Posts: 10,824 ✭✭✭✭28064212


    LoveCoke wrote: »
    what about me getting the receipt with the balance on it. Should they have sealed it?
    ...
    LoveCoke wrote: »
    i lodged money for someone and got a receipt which i presume has the balance on it.
    Does it have the balance on it?

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  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    LoveCoke wrote: »
    i lodged money for someone and got a receipt which i presume has the balance on it. I didn't look but i have money there too and they give a receipt with the balance. For Data protection what should they do receipt in sealed envelope?
    LoveCoke wrote: »
    what about me getting the receipt with the balance on it. Should they have sealed it?

    Did the bank give away confidential information without consent?

    EDIT: beaten to the punch by 28064212!


  • Closed Accounts Posts: 543 ✭✭✭womandriver


    Why would they need to issue a receipt with the balance on it at all?

    A receipt to show amount lodged,that I can understand, but what possible reason is there for giving the balance to a 3rd party? (Excl. official reasons like revenue inspectors etc.)


  • Registered Users Posts: 100 ✭✭maidie


    If you didn't want your parents to know your balance of course you have reason to be annoyed but legally don't think you can expect much. I remember once leaving my credit card behind in my local branch after making a payment, I didn't notice until my partner handed it back to me the next day, the teller asked him to give it to me. I was soooooo annoyed because he didn't know until then that I had a credit card and I didn't want him to know either.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Why would they need to issue a receipt with the balance on it at all?

    A receipt to show amount lodged,that I can understand, but what possible reason is there for giving the balance to a 3rd party? (Excl. official reasons like revenue inspectors etc.)

    I'd say that you're right. I don't think that they do. They stamp the stub of the lodgement slip on which the amount of the lodgment is written, and they give that back to the person making the lodgement.


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  • Registered Users, Registered Users 2 Posts: 7,721 ✭✭✭GerardKeating


    xiuzhen wrote: »
    Hello everyone,
    I am a student, my parent lodged some money into my account every month with my account number and sort code. As always, somehow this week, when my parent went to back as always. Bank staff wrote my balance into receipt to my parent. I feel that is offensive and show no respect to others privacy.

    I rang the bank and complaint about it.
    Can I sue the bank? or anything I could do about it?
    Any professional help or suggestions for me, please?

    Perhaps (since the lodgements are regular) the Bank official assumed the account was theirs and made a simple mistake.

    The Bank might also claim that the person lodging the money asked for the balance, and insist that they are co-defendants in any law-suit, which might hurt any future "lodgements" from them.


  • Registered Users, Registered Users 2 Posts: 453 ✭✭LoveCoke


    28064212 wrote: »
    ...

    Does it have the balance on it?
    yes it has the opening balance, the transaction and the closing balance


  • Registered Users, Registered Users 2 Posts: 10,824 ✭✭✭✭28064212


    LoveCoke wrote: »
    yes it has the opening balance, the transaction and the closing balance
    How was the deposit made? Lodgement form or via atm card?

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  • Registered Users, Registered Users 2 Posts: 453 ✭✭LoveCoke


    28064212 wrote: »
    How was the deposit made? Lodgement form or via atm card?
    i lodged it at the desk. it was a check actually . The lady took it and gave me the recept with balance shown. I had permission to lodge it and was
    asked to do so by someone who could not attend


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    LoveCoke wrote: »
    yes it has the opening balance, the transaction and the closing balance

    I have not previously heard of a system where one makes a lodgement and is not only given a receipt for the lodgement but is also given an unsolicited balance of the account. News to me.

    In any event, I suppose that there are two factors which may be important to consider:

    1. Liability. Did the bank give details which went beyond the customer's consent (and beyond lawful authority)? Did the account holder consent to these details being given?

    2. Potential quantum of damages. There is no mention of any upset or inconvenience to the account holder. One would have to consider how much a judge or a small claims registrar would be prepared to award for what might possibly be viewed as a technical breach of confidentiality, to a person who already had a certain amount of the ostensible authority of the account holder.


  • Registered Users, Registered Users 2 Posts: 9,371 ✭✭✭Phoebas


    SB2013 wrote: »
    To your mother who lodges money to your account? Exactly what negative impact have you suffered?

    Why is it relevant that it was the OPs mother or someone who lodges money to the account?

    My employers makes regular lodgements to my account, but I'd be pretty pissed off if they gave them my account balance. This is a serious breach of confidentiality, one for the DP commissioner.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Phoebas wrote: »
    My employers makes regular lodgements to my account, but I'd be pretty pissed off if they gave them my account balance. This is a serious breach of confidentiality, one for the DP commissioner.

    I don't think that the data protection commissioner can make an award of damages in favour of a complainant.

    Small claims registrar, perhaps?


  • Registered Users, Registered Users 2 Posts: 453 ✭✭LoveCoke


    I have not previously heard of a system where one makes a lodgement and is not only given a receipt for the lodgement but is also given an unsolicited balance of the account. News to me.
    Here is an old one from the same place


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    LoveCoke wrote: »
    Here is an old one from the same place

    Interesting. Haven't seen that before.

    It occurs to me that the account holder may have been very much aware of this financial institution's practice when he asked you to make the lodgement on his behalf. If so, then perhaps he gave you his implied consent to receive the information on his behalf.


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  • Registered Users, Registered Users 2 Posts: 453 ✭✭LoveCoke


    Interesting. Haven't seen that before.

    It occurs to me that the account holder may have been very much aware of this financial institution's practice when he asked you to make the lodgement on his behalf. If so, then perhaps he gave you his implied consent to receive the information on his behalf.
    Idon't know how aware he was but he would trust me to know. Anyway i got the receipt and did not even look at it so i do not know the amount. I also did not look at the amount on the check i paid in. The one i uploaded is an old one of mine


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    LoveCoke wrote: »
    Here is an old one from the same place
    is that a lodgement slip or a book


  • Registered Users, Registered Users 2 Posts: 453 ✭✭LoveCoke


    Tigger wrote: »
    is that a lodgement slip or a book
    it s the computer generated receipt from lodging cash at the desk


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