S.A.R - (Subject Access Request) to a housing association?

[wulfinuk]

Hi,
Has anyone ever made a subject access request to a housing association before? We are currently looking at a formal complaint againt by housing association but before we do that I want to know what information they hold about my partner and myslf on file. It this possible? If so, can anyone let me know how to go about it and if possible how to word the letter

Thanx

Wulfin

[Joa]

Hi there; you can issue S.A.R - (Subject Access Request) against any organisation which holds info about you. The HAs often try to weasel out of it by claiming the info is not stored in a "relevant filing system"- if that happens to you, contact Glenn UK on this site who is very experienced. This is what he said to me earlier about "relevant filing system": that a critical component of whether a system was relevant or not would be how it was used. If it was used as part of the organisations day to day work its likely it would be relevant. This doesn't mean your file would have to be accessed, only that the system as a whole was being used as part of the normal work process.
if on the other hand it was being used as an archive then that might change.

Unfortunately Information Commissioner hasn't issued revised guidance so its a question of asking, making sure that any correspondence was well written and contained the right questions.

You can use the template from the Library section as an example- just amend it accordingly. Ask for all electronically stored information too; internal memos, emails. if you have a joint tenancy, the request has to be signed by all tenants (or your partner).

[MrShed]

I THINK there is case law backing the HAs position on this, not entirely sure - cant remember where I saw the case law in question. However, cant harm but to try .

[ChloeJane]

hi,

If they are a pulic authority or deemed as so then they may fall under the Freedom of information act.

To find out more and which way is best to seek information - try the link here to the Information Commissioners Office.

Information for the public - Ensure your public information is protected - Information Commissioners Office

It is a useful link to work out the best way to get your data.

A subject access request would be worded like this -




Their name and address Your name and address

Dear Sirs,


SUBJECT ACCESS REQUEST ( S.7.)

Dear Sirs,
Re:

The purpose of this letter is to make a Subject Access Request pursuant to Section 7 of the Data Protection Act 1998.

I hereby request information that is held by you in relation to.............

I request under the above act that a copy of all records, whether in permanent or other form, including copies of memos and notes either hand written or typed, and any such data that is in the name of..............be forwarded to be as compliance to the Data Protection Act.


Please find enclosed a cheque for £10.00. .

I look forward to receiving this information as soon as possible, but in any event, within the strict time limits imposed under the above Act.


Yours Faithfully.

Your name.

If you need a Freedom of information template - please feel free to PM me.

CJ

[Joa]

Originally Posted by MrShed

I THINK there is case law backing the HAs position on this, not entirely sure - cant remember where I saw the case law in question. However, cant harm but to try .

You are thinking about Durant v FSA
http://www.hmcourts-service.gov.uk/j...rant-v-fsa.htm

Information Commissioners Office have started to try to work around this because the caselaw became so restrictive. Suddenly every organisation had no "relevant filing system"! It apparently became a farce.

[ChloeJane]

How to satisfy subject access requests | OUT-LAW.COM

Freedom of Information Act 2000

Great Link!!

CJ

[MrShed]

Thats the sausage Joa!! Thanks for the link!

Chloe, with regards it being a public authority, I would doubt it would fall under that. The vast majority of HAs are limited companies. The only difference would be if the HA is what is called an ALMO(Arms Length Management Organisation) - these are HAs that have sprung up directly from the old "council" housing, and are basically offshoot companies from the local authority - these may be classed as a public authority, I am not sure.

Wulfin, could you PM me the name of the HA, and the region you are in? I have contacts in the second largest HA in the country, and could perhaps find out what the general policy is, and how to go about getting them.