Capt_Crackers vs. Barclaycard - Data Protection Act letter sent

[Capt_Crackers]

Ok, here's my Data Protection Act letter for Barclaycard - I can't remember if I had a previous account with them before opening my current one, so I've asked them to list charges for any previous account held with them just in case. Letter will be in the post tomorrow so please let me know if there's anything amiss.

Keep on fighting the good fight peeps!


Barclays Data Protection
Radbroke Hall
Knutsford
Cheshire
WA16 9EU

14 May 2006

Dear Sir/Madam

ACCOUNT NUMBER: XXX XXX X XXX


Please supply me with a complete list of charges relating to the above account, and for any other previous account I may have held with Barclaycard since 01/05/2000. This should include all charges for late payment(s) and exceeding my credit limit. Alternatively a complete set of statements for that period will be acceptable.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them and also reclaiming the enclosed £10 Data Protection Act subject access request fee.


If there is any specific information that you require in order to satisfy yourself as to my identity, please let me know by return. Please note however that this letter is signed by myself, and that the above address is the one which you normally use to communicate my private business to me.


I would be happy to collect the data from my local branch.

Yours faithfully,

CC

[jonni2bad]

Good luck with this one too.....

Keep us updated on events,
John

[Capt_Crackers]

Recieved what is looking like their standard Data Protection Act request response letter today with a returned cheque - thing is, I sent two letters/cheques in the same envelope requesting information of charges made to both my Barclays account and to my Barclaycard account - so will they send info for both I wonder? And where's my other cheque?!

CC

Dear Capt_Crackers

DATA PROTECTION ACT

We refer to your letter of 14 May which was passed to me for comment due to your request for certain information under the terms of Data Protection Act ("the Data Protection Act").

Please be aware that the Bank is not under an obligation to present information according to any particular format. Therefore, your request to assemble a schedule of charges is turned aside. You may of course obtain this data from copy statements and these will be supplied to you shortly without charge on this occasion. As the Bank is providing the copy statements on a complimentary basis your cheque is returned herewith.

As regards your mention of "manual intervention", the Data Protection Act does not oblige the Bank to comment about internal policies and procedures. Furthermore, in the context of managing transactions arising from out of order accounts, the Bank does not hold the information you have requested in a form that would be covered by the DPA. Whilst aggregated information is retained for statistical purposes, this would not constitute "personal data" under the DPA and therefore would not be covered by a s.7 DPA subject access request. For the avoidance of doubt, the fact that we do not record information in a way that is caught by the provisions of the DPA, is in no way an admission that there was no such manual intervention.

Notwithstanding the above, the Bank is of course entirely willing to supply the general information that should be disclosed due to the Data Protection Act. To initiate the process Barclays will require payment of a £10 fee per individual which should be provided by cheque, payable to Barclays plc, directly to this department. Upon payment of the fee(s) the relevant information will be supplied as promptly as possible.

Yours sincerely

Peter Townsend
Manager, Barclays Data Protection

[Capt_Crackers]

Received letter and statements from Barclaycard today, however they seem to have given me the old "account statements dated prior to May 2004 are held on microfiche stored in date order" line and have only provided statments from that date and not from the account opening as requested. So I'm gonna fire off this letter to them today:

Data Protection Team
Legal and Regulatory Compliance
1234 Pavlion Drive
Northampton
NN4 7SG

1 June 2006

Dear Sir/Madam

ACCOUNT NUMBER: XXXX XXXX XXXX XXXX



Dear Sir/Madam


I am in receipt of your letter dated 30 May and additional documents supplied in response to my Data Protection Act information request dated 14 May 2006. Thank you for providing this information to me, however the disclosure of personal data is incomplete in that you have failed to provide a complete list of transactions and charges for the full period requested, which is from the date my account was opened on 23 July 2001.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

You have a further 22 days to comply with my request.



Yours sincerely,


CC