Thread: crippla2k vs barclaycard round 2 the early years

Just copying this onto your new thread so folks can follow easily. What date did the letter go off ?

This was the letter I suggested:-

Dear Sir or Madam,

Section 7 - Data Protection Act 1998
NON COMPLIANCE WITH Subject access request NOTICE

Account number – xxxxxxxxxxxxxxxxxxxxx
REF: xxxxxxxxxxxxxxxxxxxxx

Thank you for your letter dated 3rd August 2009 enclosing account statements from June 2003 to date. I consider your response to be inadequate in at least two respects, namely:-

1. You have failed to provide a copy of the credit agreement which you are required to do.

2. You state that you are only able to store documents legally for 6 years due in part to the Data Protection Act 1998. As I am unaware of any such legislation, would you please confirm what Law or Regulation stops you holding my data longer.

Therefore I ask again that you now provide all data, as required by the Data Protection Act, including account data or statements from when my account was opened to May 2003.

Should this information not be available, you must provide specific information as to what has happened to it.

In particular, I require the reason that any data has been destroyed, the name and position of the person who authorised its' destruction and the reason this was done.

Previously the Information Commissioners Office has upheld a complaint against you regarding the storage of data on microfiche, and I quote:-

“Following our visit, we concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Act. This means that in our view the information is personal data and should have been supplied as part of your Subject access request within 40 days and for a maximum fee of £10. As a result, it is our view that it is likely Barclaycard has contravened the sixth data protection principle, as this requires data controllers to process personal data in accordance with data subjects' rights
………………………………
In addition, section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of a contravention of the Act.”

I require your response within 14 days and, if this is not forthcoming, complaints will be made to relevant regulatory bodies. Additionally, I will start court proceedings to obtain this information without further warning.

Yours faithfully,

And this was suggested by The Shadow to be added into the letter:-

Document Retention

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

As a Credit Card agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007. “

Originally Posted by crippla2k

no response, time to send something off to the ICO methinks!!!

Keep in mind the ICO are taking ages on complex complaints, I spoke to them about mine last week and was told all 4 2nd level teams have cases open from Jan this year

Another route is court for non-compliance but I think its a £150 fee as its a non-monetary claim, unless you qualify for remission that is.

S.

Or claim nominal damages for their non-compliance to cover a bit of postage, stationery and your time, say £50.

You can claim what you want in a court - the question is whether the judge agrees with you.

As with any case, you would have to pursuade the judge that your claim is just. In this case you'll have to show that BC have the data still available and that it is stored in a relevant system.

I don't see that the age of the data is particularly relevant.