Manual Intervention - DPA request denied - Legal?

[ispartacus75]

I have made a DPA request to my bank including a request for details of manual intervention.

 

My bank have replied saying that as well as the effort needed to investigate being disproportionate (you what?) they are not legally obliged to provide such information.

 

Are they correct in this statement or are they in fact lying?

 

As this request was made under a DPA request should they be forwarded to the IC for further investigation.

 

Need an answer so I can get back to them. The have already wasted 9 days of their 40.

[Spiceskull]

Lying. In making that statement they have acknowledged receipt of the request.

 

They have 40 days - report them if they miss the deadline.

 

If you do have further contact with them, you can remind them that time is running out...but you are not under any obligation to do so...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Seminole]

Which bank is this?

 

If they are refusing to comply with the subject access request I would report them to the Information Commissioner now. If you have some idea of what they owe you then you could sue them for an estimated amount. I am in precisely this scenario with Nat West at the moment.

[diddled]

Under DPA the bank is only required to provide you with personal information, that is held

1. Electonically,

and

2. Manual information that is stored/kept in a relevant filing system.

 

The disproportionate effort exemption was applied in my case when I made a request for information to a firm of Chartered Surveyors who had been instructed by the Bank.

I contacted the Information Commissioner, who in turn made enquiries to the Surveyors.

Im afraid the Commissioner accepted the Surveyor's excuse.

Due to it's limited resources, the Office of the Information Commissioner appears to be prevented from fulfilling the tasks that they were intended to tackle.

[Spiceskull]

Surely that can't be right? ALL information about you would fall under the DPA remit...

 

If you contact a body, and they make notes, they are taking information you have provided. If they choose to use a different medium (such as wax tablets or even hammer and chisel) for taking this information, it is still information that you are entitled to.

 

If it is going to take extra effort for them to retrieve it...well, serves them right for storing it in an inconvenient format...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[gothicf0rm]

of course they are diddled. you dont think the govt would give outside agencies teeth to actually investigate businesses do you? i hope people are learning a lot about the system from their own dealings with banks, on how banks break the law, and the govt sets up useless bodies to "protect" the consumer that do nothing.

[ispartacus75]

The bank is the Halifax, I have a thread in there with other stuff that isnt relevant to this thread.

 

I sent in the standard DPA request letter and recieved a list of transactions and charges going back to '03 (A/C opened in 01/03) havent sorted them into date order, however in a cover note they informed me about their legal obligation, or lack of, to provide details of manual intervention.

[richardc]

My reading of Smith v Lloyds is that if the data is stored in a box with a lot of other stuff not easily found they do not have to retrieve it. If it is in a filing system, in no matter what format be it paper, microfiche or electronic, it must be disclosed. As always, I am willing to be corrected. 8)

[diddled]

If all manual data relating to an individual is held chronologically, in a lever arch file with the persons name on the front a data controller does not have to disclose the info as it is not considered by the courts to constitute a relevant filing system

If this same file had dividers for different categories of information, eg health, timekeeping, complaints etc this would be deemed a relevant filing system, and would be caught by the Act.

I know it is ludicrous, Ive already been down that road as a litigant in person against a Bank during a 3 day multi track trial. My case was ongoing at the same time as Durant v FSA

Again Judgment was given in favour of the bank !

[ispartacus75]

Yes, their reply was in writing. Click on the Halifax link in my sig for a full transcript of the letter.

 

I can also scan and email it to the site if anyones interested

[richardc]

I see your point. However, a copy of the notes they must have made is not too difficult. You must phrase the question carefully. If there has been a manual intervention in an automatic process, there must be an electronic record of any such intervention. This must be disclosed.

[ispartacus75]

This topic was closed on 03/07/19.

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