Estate agent in first-class train carriage broadcasts details of property deals – and Jeremy Vine listens in

Who was the mysterious estate agent apparently travelling first class and who upset fellow passenger Jeremy Vine?

BBC presenter Vine was astonished by the information the agent was broadcasting on her mobile.

Vine says she says spoke loudly of private information, including the names, addresses and prices of those involved in property deals.

Concerns have since been expressed as to whether she breached data protection rules.

The conversation, part of which Vine recorded while in the Virgin first-class carriage, has the agent even saying: “Hip, hip hooray.”

Vine vented his opinions on Twitter, saying: “When you’re on the train and there’s an estate agent on the phone at the next table and she talks so loudly for so long you hear names, addresses, prices, everything.”

The observation has sparked some interesting exchanges.

Tommy Walsh said: “She’s trying to make a crust. You didn’t have the backbone to ask her to be quiet but posted it online. Hope she doesn’t lose her job.”

Vine replied: “I thought carefully about this. She is not identifiable. Her customers were. That’s a serious breach of their privacy.”

One person advised Vine to put in a low offer, and another queried: “An estate agent in first class? Must be from Foxtons.”

More to the point, one tweet read: “Data protection obviously means nothing. Pity her clients.”

Another succinctly said: “Data protection?”; another tweeted: “Point out GDPR to her”; and a third wrote: “It just amazes me the number of business people who have open conversations with clients on public transport. Serious breach of privacy discussing private information.”

There is a lot more on the topic at Vine’s Twitter account including his short video recording of part of the woman’s conversation. His recording by the way does NOT include the details he claims she spoke loudly about.

We wonder if anyone recognises the agent’s voice? If so, be careful of naming names – as the law says, everyone’s entitled to their privacy.

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22 Comments

  1. Will

    Perhaps someone with greater knowledge than I can  answer a point.  Data protection traditionally related to storage on electronic media has this now altered by GDPR? I guess it has is records need to be destroyed after a short period of time.  Is secretly making a recording without advising someone your are recording them and re-broadcasting not equally as bad?   How many times do you over-hear conversations in open plan offices?  is that not also a breach of confidentiality?

    I am not suggesting her actions are correct, indeed, she should take care and perhaps not be having such conversations outside of the privacy of her home or office.  Just a different viewpoint is Jeremy Vine any  better by the actions he has taken?

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    1. Simon Bradbury

      Putting aside the wisdom of Jeremy Vine’s actions, the technical issues surrounding data protection and GDPR (which comes into law on May 25th) – I actually do see a distinction between the actions of the estate agent and Jeremy Vine.

      He was merely sharing general information about a situation he was observing whilst (apparently) the estate agent was openly sharing private details which included specific names, addresses and financial information.

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      1. Will

        So you would be happy to be recorded without your knowledge and played back to all on the internet?

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        1. Simon Bradbury

          HI Will,

          i wouldn’t be “happy” of course. I can’t imagine that anyone would be.

          I’m just saying that, in my personal view and in response to your original observation, there is a distinction between the estate agent’s apparent indiscretion with private personal details and Jeremy Vine’s act of sharing anonymised information to make his point.

          Like other commentators on this forum, I admire the tenacity of the estate agent but would suggest that we all (myself included) need to be careful of what we might say in such a situation where others can hear personal information.

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    2. cybelex

      Data protection has never related only to storage on electronic media, all forms of personal data, including that stored in a paper-based filing system are subject to DP regulations. Office files on clients are equally at risk; I’ve lost count of the number of times I’ve seen, just as an ordinary member of the public, interesting information scattered across a desk. I would be really unhappy if that was my data.

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  2. devonagent

    Had it been a plumber discussing which house he had put a boiler in, would Jeremy Vine have recorded it and posted it on social media, and would anybody have taken notice?

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    1. KemptownAgent

      Probably not! Money and property is a bit more sensitive though!

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  3. Essjaydee51

    If u were an estate agent, u would know that she was talking to a client and generally u take their calls wherever you are, there is no mention of names etc as vine has said and quite honestly I have been on a train myself and been called by a client, she like me had done nothing wrong and GDPR doesn’t kick in till 28 May for those mentioning it for this article, had his bosses rang him about peeps for his show would he not have taken the call and discussed?

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    1. Dom_P

      I don’t think you have to be an estate agent to realise she was talking to a client; I think that’s kind of the point. Contrary to your point of view I would suggest that if you have discussed private information in such a way that it could be overheard then you have also breached data protection law. Imagine if, as a result of your discussion, someone obtained the name and address of your client and used it for some nefarious purpose; that would be down to your recklessness with their data.

      For your info, the GDPR comes into force on May 25th, not 28th, but it doesn’t stop this being an issue now as the DPA places very firm obligations on data controllers (which as an Estate Agent you are) to process personal data in a responsible manner.

      I appreciate you can’t control when a client calls, but I’m sure they would much rather you let them know you’d call them back shortly as you weren’t able to discuss details due to being out and about in public.

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  4. AgencyInsider

    Jeremy Vine? Can’t stand the man.

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  5. jackoTLG

    Jeremy vine has nothing better to put on his Twitter. It’s a non event

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  6. smile please

    S

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  7. smile please

    Sounds like a proactive agent focussed on their job.

    I agree its annoying listening to somebody on the train, but as stated above if it was a plumber mentioning an address whilst on the phone would he have done the same?

    The smug look on his face as well…..

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    1. MarkRowe

      Agree, @smille please,

      There’s lots of comments on the twitter post generalising about estate agents and how they’re basically not worth anyones time. This agent was actually prepared to take a call whilst travelling, okay so that’s not unheard off, but I’m pretty sure that should be something to be praised, not posted on Twitter.

      Still, he got lots of retwits and love hearts from people, giving himself a nice cosy feeling inside… well within his rights to do that I guess! Sad, isn’t it..?

       

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  8. JMoo31

    Vine is just short on oxygen and picking on the easy hate target.

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  9. Property Ear

    Disregarding Data Protection in this instance, how utterly indiscreet and rude of the ‘Girl on a train’.

    If anyone else reading this article is the type who loudly uses a mobile phone on public transport please take note you are a not only a headache but a pain in the ****!

    Please – put a sock in it!

     

     

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  10. Estate_Agent_Memes

    Originally data protection just covered electronically stored data. Now it covers everything –  handwritten notes on desks, computer screens facing windows, conversations etc.

    Common sense really.

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    1. Will

      Thank you Estate_Agent_Memes  that was my understanding;  but “cybelex” thinks differently differently. Whether the new regs come in on the 25th or 28th May make little difference one should always try to stay ahead of the game.

       

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      1. cybelex

         

        The Act applies to personal data, held not only in electronic records but also in structured ‘manual’ (e.g. paper) records in a ‘relevant filing system’.

        ‘Our [the ICO’s] view is that it [the Data Protection Act] is intended to cover non-automated records that are structured in a way which allows ready access to information about individuals. As a broad rule, we consider that a relevant filing system exists where records relating to individuals ….. are held in a sufficiently systematic, structured way as to allow ready access to specific information about those individuals.’ 

        https://ico.org.uk/for-organisations/guide-to-data-protection/key-definitions/

        I’m pretty sure landlord, tenant and staff files would fall into the category of a relevant filing system.

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        1. E11SNP73

          Jeremy Vine is a smug, holier than thou, little sh*t. I cannot stand the man or his radio 2 show. In my mind it is a shame that the BBC pays for him to travel first class…….

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        2. Will

          Thank you for the link – much appreciated.  When I said it only applied to electronic data I am referring back to the  days when the ICO was just starting – when computers were in their early stages the days of the Amstrad Word Processor! In those days (mid 1980’s) only use of electronic data was covered by the regulations at the time. It was the start of Data Protection. Paper records were not included in the early days as far as I remember.  I accept this is the dim distant past and probably pre-historic to many readers!! The highlighted unqualified “never” was the questioned item – yes a bit picky I know.

          Yes virtually everything  will be under the new regs.  So does recording of third party conversations count as Data? If it were next month would Jeremy Vine have breach the GDPR?  Food for thought!

          Nowadays they make regulations until the cows come home – fact is the enforcement becomes impossible on a wholesale basis. We probably all break the laws a hundred times a day without even knowing it!!!

          Healthy banter with all good intentions –  Kind regards to you cybelex

          Will

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  11. mrtickle

    What the h3ll did I just read?

     

    No selling, please.

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