wobs v Yorkshire Bank ***WON***

[caro]

Don't panic Wobbles. I've just read section 7 of the DPA and nowhere does it say you can only use your information for some purposes. They are talking absolute BS. You can email me by all means, although I may not be the best person to look at it, so if you agree I'd like ZootScoot to look too. BankFodder is away for a few days but I imagine he'll be interested too.

 

In the meantime read up what the DP Act says and you'll see what I mean.

 

Data Protection Act 1998

[wobbles]

go ahead Caro send it to Zooscoot too

 

will scan the docs and email them to you in a min

[Robertxc]

I wonder which bit they think prevents you from getting your data?

RIGHTS OF DATA SUBJECTS AND OTHERS

 

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller

(b) if that is the case, to be given by the data controller a description of-

(i) the personal data of which that individual is the data subject,

(ii) the purposes for which they are being or are to be processed, and

(iii) the recipients or classes of recipients to whom they are or may be disclosed,

© to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received-

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

 

(4) Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless-

(a) the other individual has consented to the disclosure of the information to the person making the request, or

(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

(5) In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise.

 

(6) In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to-

(a) any duty of confidentiality owed to the other individual,

(b) any steps taken by the data controller with a view to seeking the consent of the other individual,

© whether the other individual is capable of giving consent, and

(d) any express refusal of consent by the other individual.

(7) An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description.

 

(8) Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day.

 

(9) If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

 

(10) In this section-

 

"prescribed" means prescribed by the Secretary of State by regulations;

 

"the prescribed maximum" means such amount as may be prescribed;

 

"the prescribed period" means forty days or such other period as may be prescribed;

 

"the relevant day", in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).

 

(11) Different amounts or periods may be prescribed under this section in relation to different cases.

[wobbles]

I know they are completly off their heads, or they cant read.

 

I hate them with a vengance I nearly lost everything because of them and now ive got really bad credit rating abd have to have a mortgage one of these specialist leders all because of there charges

[caro]

Have to say Robert I can't see it myself. As you said just when you think YB can't get any dafter, they come up with this twaddle.

 

Just in case anyone's looking in from YB, I'd just like to say you're really going to have to do better than that.

[wobbles]

HELP

 

received AQ this morning. what do i do now?

[wobbles]

Received the following letter from ICO this morning as well:

 

Dear Mr & Mrs Wobbles.

 

Complaint about the 'Subject Access Request' made to Yorkshire Bank for personal information relating to Mr C and Mrs A Wobbles

 

Thank you for your correspondance received on the 4th April 2007.

 

You have complained that as yet, the information requested from Yorkshire Bank has not been received.

 

When we receive a complaint like this, we are under a duty to consider if it is lilkely or unlikeley that there has been a breach of the Data Protection Act 1998 (the Act). We will then decide what action if any to take.

 

Following a recent Office of Fair Trading decision about 'penalty charges' we are aware that the number of individuals making subject access requests to financial institutions has signficantly increased. However, clearly these financial institutions are still required to comply with subject access requests within the statutory 40 days.

 

As you may be aware under the Act there are eight data protection principles. These are sometimes known as the principles of good information handling as they set out the way organisations should handle personal information. The sixth data protection principle requires organisations to process persoanl data in accordance with an individual's rights under the Act. Therefore if you have not been sent the information you are entitled to within 40 days, it is likely to be in breach of the sixth data protection principle.

 

We would like to explain that due to the number of complaints we are receiving about failed subject access requests we are writing to financial institutions on a monthly basis, sending them a 'batch' of complaints.

 

We will be writing to Yorkshire Bank with the next batch of complaints at the end of April 07 and will of course include the details of your complaint in our letter. We will advise Yorkshire Bank to ensure that they provide you with the information you are entitled to as a matter of priority. Furthermore we will ask them to outline what steps they are taking to ensure their future compliance with the Act. Therefore although we will now close your case we would like to assure you that we will continue to carefully monitor this issue.

 

Finally, it may be helpful to explian that breach of one of the data protection principles is not a criminal offence and we cannot punish an organisation for a breach of principle. Our priority is to get organisations to take steps to solve the problem and to ensure they handle personal information properly in the future.

 

However, it may also be helpful to explain that if you have suffered a loss because an organisation has broken the law, you may be entitled to compensation. We do not have any powers to award compensation and any claims should be made through the Court.

 

We would like to thank you for bringing this matter to the attention of the Inforamation commissioner.

 

Please quote the case reference number from the top of this letter in all future correspondance about this matter. Failiure to do so may delay the proccessing of your complaint.

 

Yours sincerely

Sent on behalf of

Helen Raftery

Casework and Advice Manager.

[caro]

When does the AQ need to be submitted by wobs?

[wobbles]

have to complete AQ on or before 08 May 2007

[RossD1968]

Hi Wobs,

 

Surprised you have been asked for an AQ, as my matter has been moved to Bury Courts and they have dispensed with the AQ. Although, I suppose as yours is about the Subject Access Request, it is a little different from the actual matter of a final decision.

Bets of luck anyway.

[wobbles]

Right not heard anything yet from the courts regarding the non compliance with SAR.

 

However I recieved letter on saturday morning from Northampton county Court, regarding bank charges claim for one current account. I claimed through MCOL

 

Notice of Transfer of proceedings

 

A defence to this Claim has been filed

The cliam has been transfered to the coury cobvering the area where the claimant lives or carries on business.

Before District Judge Murdoch

without hearing it is ordered that;

1. The filing in of an allocation questionaire be dispensed with it this case unless the District judge at the court of trnasfer orders otherwise

 

Date order drawn 09 th may 2007.

 

Now im panicking, Do I need to do anything?

I go on holiday next saturday for 3 weeks, what happens if something comes in the post and I dont reply in time? should I tell the coourt im going on holiday?

[RossD1968]

Hi Wobs,

 

I would get back to the courts and tell them that you will be away, but I would also look to try and save a little time in the future.

I am at a more advanced stage but got the same letter from the courts so followed up their letter by sending in a request for draft directions.

I would have thought that you could use this opportunity to not only ask for all your information but also ask the judge to insist that they provide details of how they worked out all the charges on your account. I would have thought that this could speed things up down the line (?)

Not sure exactly what wording you could use as you are still just trying to get basic info out of them.

At least if you submit something now it could put a bit of pressure on YB.

 

I am sure someone more knowledgable will be able to be of abit more assistance....but best of luck.

[wobbles]

Hi all quick update while ive been on holiday the courts have wrote to me giving me a hearing date for 4th July 2007 they say the hearing should last no more than 2 hours. Im gonna have to sort my court bundles out tonight i think.

 

not heard anything from yorkshire bank at all, now im getting frightened

[wobbles]

Ive won. :D :D

 

Cheque arrived saturday morning, for the full amount including interest.

 

Could a mod please change my thread to won

 

Donation will be made as soon as cheque has cleared in my account.

[caro]

Well done Wobbles. I'm really pleased for you.

[wobbles]

THANKS Caro

 

I couldnt have done it without your help.

 

think I will start on the other account now, the statements arrived the day I was going on holiday not had chance to look at them yet.

[thetenter]

Well done wobbles, I'm sending my prelim on Mon so dont expect to get very far till about september if I'm lucky with this shower.

[RossD1968]

Great news Wobbles, ...I hope you are now gonna go after them for a wasted costs order...after all they have really given you the runaround.

 

Congratulations once again.

[hilaryfrances]

WELL DONE, brilliant news, my court date for August the 30th. we shall see what happens. I dont mind facing them in court. I have made some daft financial desicions in the past because of their bullying. I would not mind tackling them head on to try and get compensation from them for these mistakes.

[voyager9]

congrats wobbs well done

 

voyager9

[georgieboy]

Excellent News - Enjoy Your Money

[moss]

Great news Wobbs and well done:D

 

Moss.

[twoofus]

Well done mate. Another victory

[yosemite]

Congratulations - great news

[sajabu2003]

Well done Wobbs

 

Sarah.