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Im marky, I used to work for Barclays and had a Barclaycard. I have sent in the Data Protection request form, however they wrote back today stating that they dont have all the statements available and that they are on microfilm and that it will cost £3 per statement.
Can anyone forward me a Letter in response to the latter. Furthermore do barclays have to adhere to the 40 day deadline originally set out in the Data protection request, as i was under the impression that the £10 Cheque sent in with the original Data protection request covered these fees.
I would really appreciate a little help bringing down these C**K S**kers
They are relying on an interpretation of "readily accessible" in the Data Protection act.
From The Data Protection Act 1998
"relevant filing system" means any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible.
Their interpretation is that the data is not "readily accessible" and so far as I know it has not yet been tested either by the Information commissioner or in court. They are trying to put you off and/or delay everything and they will try this at every stage.
Do not be deterred.
My view is that if the information is sufficiently accessible to supply it to you at £3 per statement then it is readily accessable enough for the purposes of the Data Protection Act.
Sugested paragraph to include in your letter.
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I am perfectly satisfied that if the statements are readily accessible enough for you to offer them to me at a cost of £3 per statement then they are READILY ACCESSIBLE enough for the purposes of the Data Protection Act 1998. If the information requested in my letter of ??/??/?? is not supplied within the statutory 40 days from the date of that letter, I shall lodge a complaint against you with the Information Commissioner.
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You may care to change the style to suit you own and remember to insert the date of the DPA Subject Access Letter.
I wrote the following letter and Sent it to barclaycard on the 30th August:
I am in receipt of your letter received 25th August 2006, I would like to draw your attention to the fact that your letter has been dated incorrectly, which was the 8th June 2005, which was in response to my letter dated the 5th August 2006. Your letter outlining that you could only provide me copy statements covering transactions from June 2004 on my account, because any earlier information has been archived onto microfiche. I also acknowledge receipt of the information you forwarded.
My request was for a complete list of transactions and charges relating to my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period would be acceptable. This should be retrievable from your accounting systems, and easy for you to produce. I will accept a computer print out of these transactions.
As you will be aware you need to have a 'relevant filing system' this is a system in which files are structured or referenced so as to clearly indicate at the outset of the search whether specific information capable of amounting to personal data of an individual making a Subject access request is held within the system and, if so, in which file or files it is held and which has, as part of its own structure or referencing mechanism, a sufficiently sophisticated and detailed means of readily indicating whether and where in an individual file or files specific criteria or information about the applicant can be
readily located.
I am aware that you have been willing and able to provide other customers with a print-out of transaction information covering this period – and am ready to bring this to the attention of the Information Commissioner should it prove necessary. I would also
draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246 (Ch).
This letter has been sent by first class recorded delivery, and therefore should have reached you by 31st August 2006 – as you will be aware, as of this date you have just 14 days in which to comply with my request. As stated above, a complete set of account statements for the period in question will be acceptable; however, I expect this to be provided within the time period for Data Protection Act compliance. Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a county court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.
If they do not respond with the rest of the data I have requested then I will make an estimated claim based on 2 years of details x 3. If it goes to court I hope they can explain to the judge why the claim is estimated. I will be very happy for them to contest the figures if it means you admit contravening the Data Protection Act and denying me my legal rights. I am perfectly satisfied that if the statements are readily available enough for you to offer them to me at a cost of £3 per statement then they are READILY AVAILABLE enough for the purposes of the Data Protection Act 1998. If the information requested in my letter of 5th August is not supplied within the statutory 40 days from the date of that letter.
Moreover, when the initial Data Protection Action Request was submitted to your organisation a cheque for £10.00 was submitted which is the maximum fee that can be levied for a Data Protection Request legislated under the Data Protection Act. How easily or difficult you make the job of retrieving the information requested is surely your problem not mine.
I then call the department that sent me the inital letter requesting £ 3 per statement. I reminded the the customer services agent that i they hade two days remaining of the 40 day period. The supervisor came onto the line and said that i need to pay £180 for my remaining staments and that they were happy for me to take them initiate county court proceedings against them.
What should i do? and how do i file proceedings against them?
I'm sending off this letter to them to see is this works. I contacted the local county court and they said it would cost £150 to initiate Proceeding under the data protection Act, anyway heres the letter:
I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 5th August 2006. The disclosure of personal data is incomplete in that at least the following documents are missing:
1) You have failed to provide a complete list of transactions and charges since my credit card account’s inception.
2) You have provided no notes, or documents relating to instances of manual intervention.
This is not an exhaustive list by any means, it is just an example of some of the information I am missing.
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
As of today, you have not complied. I have also sent you a follow-up letter dated 30 august 2006, which was received by Barclays 01 September 2006 via recorded delivery. As of today, I have not received any response to that letter either. I contacted your department via telephone the department that to see whether my information had been sent, the advisor/supervisor advised me that the due to the nature of how the files were stored I would incur a charge of £180 this being in excess of the £10.00 which is the maximum fee that can be levied for a Data Protection Request legislated under the Data Protection Act, I find this somewhat contradictory, as you complied with my request for my current account statements and as a Data Controller under the Data Protection Act is sufficient for me to ask for this information from Barclays. Moreover, I was shocked that the Advisor was happy for me to pursue enforcement via the county courts.
The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the County Court for an order to enforce compliance action under section 7, and section 15(2) of the Data Protection Act 1998, together with damages at the discretion of the court. Moreover a complicate has been logged with the information commissioner and will be investigated in due course.
Student/ exemployee needs help fighting back
and had a Barclaycard. I have sent in the Data Protection request form, however they wrote back today stating that they dont have all the statements available and that they are on microfilm and that it will cost £3 per statement.
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