Accountant Confidentiality Breach Concerns

Summary

Accountants in South Africa must comply with the Protection of Personal Information Act (POPIA), ensuring confidentiality of client information. Unauthorized disclosure by an accountant or creditor could be a violation. If discrepancies arise, request a meeting with the accountant to clarify and review financial statements. Obtain a copy of your agreement to understand confidentiality terms. Legal advice may be necessary to address potential breaches or errors.

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Yes. I have a concern with a issue where my father`s creditor somehow knows the amount that is owed to the accountant. The accountant claims to have never spoken to the creditor. Accountant claims also that should the creditor want financial statements of the business he brought a application for now, which previously failed since he thinks the business is liable for my father`s past rental arrears. The locus standi argument was mentioned and the judge dismissed the case, he would need a court order. So given the business, against who is said the debt is for accounting services, and not being aware of a bureau listing, how did he as creditor then find out about this exact amount?
Hi JP, thank you for providing the details. To help you better, could you please let me know your location? Laws and procedures can vary significantly by jurisdiction.
South Africa
Hi JP, thank you for the information. In South Africa, the Protection of Personal Information Act (POPIA) regulates how personal information is processed. Here are a few points that might be relevant to your situation:
- **Confidentiality:** Accountants are generally bound by confidentiality agreements and professional conduct rules.
- **Legal Disclosure:** Financial information can only be disclosed if required by law or with the client's consent.
- **Court Orders:** If the creditor obtained the information without authorization, it might be a violation of POPIA.
Would you like to know the steps to address this potential breach of confidentiality?
So did he as the accountant then violate this law? Certainly the creditor cannot just access this?
Hi JP, thank you for your patience. Here’s a brief summary of the situation:
- **Confidentiality Breach:** If the accountant disclosed information without consent or legal requirement, it could be a violation of POPIA.
- **Creditor's Access:** The creditor cannot legally access this information without proper authorization, such as a court order.
Would you like guidance on how to proceed with addressing this breach?
Then this accountant just as with the creditor, in his latest court application, mentioned a huge amount which they noted in payment on the business. This was actually inter accounts transfers and not what they think, meaning they added these all up. Why would the accountant in the past when I tried to get financing for a extra vehicle, do this? Double figures, ie same amount twice? What is going on here and what should I do? My business dont look the same as he would like to imply on the accounting side.
Hi JP, your situation sounds complex and concerning. Here are some steps you can consider:
- **Clarify with the Accountant:** Request a meeting with your accountant to clarify the discrepancies and their actions.
- **Review Financial Statements:** Thoroughly review your financial statements for any errors or double entries.
- **Legal Advice:** Consult a legal professional to explore if there's a breach of confidentiality or any other legal implications.
Would you like guidance on how to find a legal professional in your area?
So I cannot/should not ask for a copy of our agreement?
Hi JP, you certainly can and should ask for a copy of your agreement with the accountant. This document will clarify the terms of confidentiality and the scope of their services. Would you like guidance on how to proceed with obtaining this copy and addressing your concerns with the accountant?