Data Protection Act Section 7 limitations

[Ash1646]

Hi,

 

Does anyone know the limitations of a S7 DPA request when used in the following context.

 

Limited Company in voluntary liquidation. I am a creditor and debtor to the company.

 

The company liquidators have sent a debt collection agency after me, for a £6k preferential payment even though the company owes me nearly 10 times that.

 

I sent a DPA request back in August, and received a bundle of email communication and letters, specifically relating to corespondence between myself and the liquidator.

 

Am I allowed to ask for information relating to me, from communication between the debt collector and the liquidator, or just the email exchange and letters that I received so far?

[steampowered]

Not sure any of the documents mentioned in your post are covered by the concept of 'personal data' under the DPA. You can always ask for communication between the DCA and liquidator but I would be surprised if you get it.

 

See the definition of 'data' at http://www.legislation.gov.uk/ukpga/1998/29/section/1.

 

Also, the Court of Appeal has emphasised that there are two elements comprising the definition of personal data (Durant v FSA [2003] EWCA Civ 1746). In addition to showing that the individual can be identified by the information, it must also be shown that the information relates to the individual, and it must be found to do so in a way which might affect his privacy, whether in his personal or family life, or in his business or professional capacity. In addition, personal data must have the data subject as its focus and be information of a biographical nature, namely, that which goes beyond the recording of the data subject's involvement in a matter or an event that has no personal connotations (an event in respect of which his privacy could not be said to be compromised).

[gpmsc]

Not sure any of the documents mentioned in your post are covered by the concept of 'personal data' under the DPA. You can always ask for communication between the DCA and liquidator but I would be surprised if you get it.

 

See the definition of 'data' at http://www.legislation.gov.uk/ukpga/1998/29/section/1.

 

Also, the Court of Appeal has emphasised that there are two elements comprising the definition of personal data (Durant v FSA [2003] EWCA Civ 1746). In addition to showing that the individual can be identified by the information, it must also be shown that the information relates to the individual, and it must be found to do so in a way which might affect his privacy, whether in his personal or family life, or in his business or professional capacity. In addition, personal data must have the data subject as its focus and be information of a biographical nature, namely, that which goes beyond the recording of the data subject's involvement in a matter or an event that has no personal connotations (an event in respect of which his privacy could not be said to be compromised).

 

I took over a charity account held at a branch of Lloyds, after 12 visits to the branch I found they had lost all my information. I am still bound under the offical Act as none of the documents met the banks criteria I disclosed personal information such as warrents to prove my identy. I contacted the DPA and I found their service less than useless. I would not build my hopes up to high about getting a service out of them. It appears they are there for the big hitters and not the small private individual

[Ash1646]

Yes but doesnt section 7 allow me access to any form of communication, where I am mentioned specifically?

[steampowered]

It only allows you to get 'personal data'. Not everything that mentions your name is 'personal data'.

 

The DPA definition of data is as follows: “data” means information which—

 

(a) is being processed by means of equipment operating automatically in response to instructions given for that purpose,

 

(b) is recorded with the intention that it should be processed by means of such equipment,

 

© is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, F1. . .

 

(d) does not fall within paragraph (a), (b) or © but forms part of an accessible record as defined by section 68; [F2or

 

(e)is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d);

 

And as per the above, the Court of Appeal has said that personal data must affect your privacy and it must also be of a 'biographical nature'.