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Section 7(1)(d) Data Protection Act 1998


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Data Protection Act 1998:

 

7(1)(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking. (source)

 

Given that account data is personal data, I would suggest we can also request the logic of automated tests applied to our accounts. In particular, tests pertaining to the issuance of penality fines. I've put in a data protection act request to two banks requesting the logic of these fines. I'll let you know how I get on.

 

What does everyone think?

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I suppose that they will say that the logic is merely whether your demand for money for a DD was greater than the account balance.

But still, interesting to see how they respond.

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If it's an automated descion to apply a fine to an account they would be obliged to say so under section 7 (1)(d). Therefore, if it were to go to court, it would be easier to argue that the cost of the transgression to the bank is minimal as it is an automated process.

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  • 12 years later...

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