what happens when you report to the IC?

[skyrocket123]

With people saying that companies like GE Money aren't sending the DPA info out or only getting from 2004 and people generally being mucked about what happens if you report them to the IC? And do you have to wait the full 40 days if they are mucking you about?

Sky

[file_wizzard]

With people saying that companies like GE Money aren't sending the DPA info out or only getting from 2004 and people generally being mucked about what happens if you report them to the IC? And do you have to wait the full 40 days if they are mucking you about?

Sky

Yes you will need to wait the full 40 Days if you are going to write to the ICO and claim that the data controller has failed in his duties to supply the information in compliance with S.7 of the DPA.

 

unfortunately the ICO are very overworked and under funded, so you are liable to wait at least 2 - 3 months for a response and / or resolution

[skyrocket123]

Thaks for replying.

When you do get a reply from the ICO what do they do? I mean what do they do to the organisation that is not complying with the DPA?

[Seminole]

I just made a fairly successful complaint to the IC about Nat West. I don't have the letters with me but essentially Nat West told me that they wouldn't comply with a subject access request from me because I was no longer a customer. That's complete rubbish of course and I think it was an attempt to run out the clock on a claim that would be more than 6 years old in June.

 

In this situation I was able to make an immediate complaint as the bank had explicitly stated that they would not comply. I think that their non-compliance would have to be of this nature (ie very explicit) for you to be able to complain before the 40 days were up.

 

After three weeks I received an acknowledgement letter stating that they considered that the complaint had merit and they would be writing to the Data Controller. After a further four weeks they confirmed that they had upheld my complaint and that Nat West had agreed to comply. They had cited a training issue and the IC was satisfied with their response.

 

I suppose that I got the result that I wanted but I was a bit concerned by how meekly the IC accepted the bank's explanation. Nevertheless, I believe that whilst they might take an easy going approach to a single complaint, if there is a major systemic failure (such as Abbey's microfiche excuses) they may be more prepared to bare their teeth.

[skyrocket123]

What is the worst the IC can do to a bank? I just want to know what weight they would have were I to threaten a non-compliant bank.

[Guest Lueeze]

Generally the bank just gets a slapped wrist...thats IF they uphold your complaint!!!

 

Oh and it cost them £300 quid or so...

[skyrocket123]

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