21 Days.

[jimfishybob]

I know I should find it myself...sorry :-|

 

Anyone know of the top of their head where the stipulation that companies must respond, (either way), to a section 10 or 12 notice is?

 

I know it's 21 days but I could do with chapter and verse and I'm tired.

 

Thanks

 

Lazy Jim.

[Lizzy]

Is this it

Statutory Notice pursuant to Sections 10 and 12

 

 

 

of The Data Protection Act 1998.

 

Data Subject Notice

 

 

 

 

To: The Data Controller

GrabItAll Bank plc

Large Ugly Building

Somewhere in London SomePostalCode

[replace with registered company address]

 

 

Data Subject: [your title and full name]

 

 

Address: [your full postal address inc. postcode]

 

Whereas I have been a customer of x Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

Signed

 

 

[sign it in pen]

 

 

[put your title, initials and surname]

[Tinkerbelle]

It's in the Information Commissioners Office Data Protection Act Legal guidance. Section 4.2

 

Just going off to check the legal statutes DPA

 

Edit: Data Protection Act 1998, Part II, 10(3), 12 (2(b)), 12 (3)

[Lizzy]

Whoops sorry miss read the request.

[jimfishybob]

Thanks Tinks, you are a godsend to my tired eyes.

 

And what's thepenalty for not responding within 21 days? Just a complaint to the ICO? Then of to the court we go?

[Tinkerbelle]

Thanks Tinks, you are a godsend to my tired eyes.

 

And what's thepenalty for not responding within 21 days? Just a complaint to the Information Commissioners Office? Then of to the court we go?

 

LOL... affirmative

[jimfishybob]

I could kiss ya!

 

Thanks

[Tinkerbelle]

*blush*

[jimfishybob]

So this would be about right?

 

 

On the 21st August 2006 I wrote to you requesting certain documents under the Consumer Credit Act 1974. Thank you for your reply dated 5th September 2006.

 

Contained in my request was a notice pursuant to Section 10(1) and Section 12(1) of The Data Protection Act 1998 that you cease to process any of my data and remove all data in which I can be personally identified from your automated processes.

 

Section 10(3) and Section 12(3) of The Data Protection Act 1998 require that you respond to such a notice within 21 days, either:

 

(a)stating that you have complied or intend to comply with the data subject notice or

 

(b)stating your reasons for regarding the data subject notice as to any extent justified and the extent, (if any), to which you have complied or intend to comply.

 

Please note, the letter dated 21st August 2006 containing this notice was deemed served on the 24th August 2006, although in actual fact it was received by your office on the 23nd August 2006. Consequently, the deadline for a response expired on 13th September 2006.

 

You are now in contravention of The Data Protection Act 1998.

 

Please respond to the notice dated 21st August 2006 within the next 10 days. Failure to respond to this notice will result in a formal complaint being made to The Information Commissioners Office and pursuit of my rights through the courts.

 

I trust I have made myself clear on this matter. Should you be in any doubt as to your obligations I recommend consultation with your legal counsel.

 

Yours Faithfully

[dayglo]

looks good Jim - I think we both know where this is going!

[jimfishybob]

Yeah, but worth a try, eh?

[dayglo]

absolutely.