T-Mobile's reply to my stat Notice

[un1boy]

Hiya,

 

Here is T-mobile's reply to my sta notice (surly's letter):

_____________

 

Dear un1boy

 

Thank you for your letter dated xxx, contesting the continued processing of information we have about your previous telephone account with us. I apologise for the slight delay in replying. I understand that you are concerned at the matter in which we are using this information, as you feel that it is an unwarranted act for us to continue to record the fact that you previously had an outstanding debt with us, and to make this information to the credit reference agencies.

 

If the information itself is inaccurate, and you are able to share any evidence with me that supports your contention that the information is inaccurate, then I will arrange for it to be corrected.

 

You may be aware that when you applied for a pay-monthly account, our privacy policy notified you of the wy your personal data would be used. The wording in use at the time, in common with most other credit providers, would have been as follows:

 

“If you apply for credit, we will register and check your details with credit reference agencies to help us make credit decisions about you. We may also check your details with a fraud protection agency. We and other organisations may use and search these records to:

 

• Make decisions about credit –related services, for you and members of your household;
  
• Make decisions on motor, household, credit, life and other insurance proposals and claims, for you and members of your household;
  
• Trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policices;
  
• Check your identity to prevent money laundering, in the event that you do not provide other satisfactory identification.

These agencies will also use the records for statistical analysis about credit, insurance and fraud.”

 

You will note that the notification does not suggest that your credit records will cease to be used for credit reference purposes immediately you account is closed. The Credit reference Agencies have, in the past, had detailed discussions with officials from the Information Commissioner’s Office over the length of time that it is legitimate to retain such information, and I understand that it was agreed between the relevant parties that a period of 6 years would not be inappropriate or illegitimate. You will also appreciate that credit providers take different views about the length of time they feel necessary to review before granting an applicant credit – applicants for small amounts of credit may only have their past few years credit history reviewed, while those who seek significantly larger amounts may expect a longer credit history to be reviewed.

 

This is why our privacy policy, which would have been printed on your application form and also in a document entitled “terms and conditions” of use of our services (and on the T-Mobile website), contains the following wording:

 

“We share information with other members of the Deutsche Telekom group (our parent company) and other companies with which we have a business relationship.

 

As you use yout t-Mobile service, we hold your account information. .. Your personal details are not held indefinitely, but are destroyed after a period of time. Some information will be held after you have closed your account with us.”

 

The Data protection Act does not require us to obtain your “consent” to retain this information, as there are other provisions that allow us to retain and share your credit history with other credit providers. Consent is one of the mechanisms used yo process personal information fairly and lawfully, and you have also referred to some of the other conditions in your letter. You may wish to note that we also allowed to use this information when “the processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject” (Schedule 2(6)(1) of the Data Protection Act 1998).

 

This “legitimate interests” purpose allows us to retain information even in circumstances when its continued existence is “embarrassing” to the individual.

 

I doubt that this reply will meet your expectations, but assure you that I am very happy to deal with the Information Commissioner’s officials if you decide yo refer this matter to them for a formal assessment. You request, which is basically to require us to withhold information that we would normally provide routinely to other credit granters via the credit reference agencies, raises issues that equally apply to many others who may wish to amend their credit history. It raises questions about the accuracy of the records held by the credit reference agencies, and accordingly it raises serious questions about the extent to which we should rely on information held by these agencies, when we deal with applications for credit. We will place less reliance on this information if it is an inaccurate record of an individual’s true credit history.

___________________

 

Doesn't really tell me anything - I'm guesing it's just a really long winded fob off - on to court action now or should I write to them again?