Is it illegal to fail to produce information requested in an SAR?

[scottay2hottay]

I sent a subject access request form to buy as you view last year, after discovering that I had been paying for the following insurances:

All sorted

EPS

A viewing guarantee (£136 has since been refunded because I had never purchased a TV with BAYV).

 

I thought that I had recieved all of the information that was requested.

 

After numerous emails to the company I have found out that they had failed to produce a telephone call log from 2012 and also a recorded telephone conversation in which it is implied that I asked specificaly asked for these insurances for the hp goods. I did no such thing.

 

They have since sent me the call log in which I discovered that they lied about what was said in the conversation and they even lied about the name of the person who I spoke to! They have also conveniently lost the call recordings.

I was just wondering if its against the law to fail to produce information that was requested in the SAR as I believe that the reason why some of the information was missing is because it would prove that they are liars.

 

Thanks for your help.

[citizenB]

It would certainly be in breach of their compliance with the Data Protection Act - whether it was actually "illegal", I doubt that very much.

 

If you can prove they have been misleading or not provided you with everything you were entitled to, then make a complaint to the Information Commissioner.

[scottay2hottay]

Thank you so much.

[citizenB]

[renegadeimp]

You could write a letter to them from the CAG library, saying that they have not fulfilled their obligation and you DEMAND that call and log, or you will be taking them to court for full disclosure.

[Conniff]

It is not illegal but is unlawful. That means they have a lawful obligation to supply but failure is not necessarily a criminal offence.