Thread: DPA SAR only partially complied with

I'm sure I've seen a thread about this but now that I need it do you think I can find the damn thing?....

Barclaycard have written back to me following my S.A.R - (Subject access request) and have enclosed some statements. They say they cannot provide info prior to 2004 as follows:

26 September 2006

Reference: ********

Dear Number6

Further to your request for personal data held by Barclaycard, please find enclosed a copy of the relevant information from May 2004

Statements held prior to May 2004 are stored on microfiche. The statements copied onto the microfiche in date order and more than one customer statement may be held on an individual film or microfiche. These statements are not stored by reference to account number or customer name and are not readily accessible'' within the meaning of the Data Protection Act. These statements are therefore not retained in a relevant filing system and therefore do not fall within the class of documents to be produced pursuant to a Subject access request. They can be obtained from our Customer Services Dept at a cost of £3 per statement.

Furthermore, we are unable to provide a computer print out of transactions on your account to date. Our computer systems do not permit us to print such historic data. Neither do our computer systems allow us to search for and identify individual charges applied to an account. It is therefore not possible to provide you with a print out of such charges. I would also add that Barclaycard did not introduce default charges on its accounts until mid-2004 The statements that have been provided to you contain the information that we currently have recorded relating to charges on your account.

This information is complete in respect of the above account relationship with you at the time of extraction.

Should you have any further questions regarding this matter please do not hesitate to contact me.

If my reply does not meet with your expectations you may ultimately be eligible to refer to the Financial Ombudsman Service.

If I have not heard from you within 8 weeds from the date of this letter, I will close my file in accordance with usual practice.

Yours sincerely
*********
Customer Relationship Manager

Are they allowed to do this?

If there is already a thread about this can someone please let me have the link?

many thanks.

Pete

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I believe I've now found it here:

http://www.consumeractiongroup.co.uk...-argument.html

I've adapted the letter to apply to Barclaycard.

Pete

Pete

On a personal note i think its imperative to do what your doing, however, being pragmatic it wont make any difference. They wont send the data.

I think until the Abbey decisiosn is out they wont comply and then depending on what the ICO says about abbey will depend on what they will do in the future.

HTH

Glenn

Originally Posted by Glenn UK

Pete

On a personal note i think its imperative to do what your doing, however, being pragmatic it wont make any difference. They wont send the data.

I think until the Abbey decisiosn is out they wont comply and then depending on what the Information Commissioners Office says about abbey will depend on what they will do in the future.

HTH

Glenn

So what's the next step? Invoke the inexorable sequence that leads to an N1 being issued?

Banks cannot be allowed to "hide" data behind these smoke and mirror DPA workarounds unchallenged!

Pete

Originally Posted by Glenn UK

Pete

On a personal note i think its imperative to do what your doing, however, being pragmatic it wont make any difference. They wont send the data.

I think until the Abbey decisiosn is out they wont comply and then depending on what the Information Commissioners Office says about abbey will depend on what they will do in the future.

HTH

Glenn

So Glenn are you suggesting we dont do anything if we get the microfiche letter? Ive got the reply to microfiche form to send off myself but im doubting about using it now? In my instance i only have charges pre 2004 so i cant even estimate my charges as i was in credit for the last 3yrs.

Originally Posted by nads75

So Glenn are you suggesting we dont do anything if we get the microfiche letter? Ive got the reply to microfiche form to send off myself but im doubting about using it now? In my instance i only have charges pre 2004 so i cant even estimate my charges as i was in credit for the last 3yrs.

Nadia/Pete

No not at all, I did say its imperative that you follow up.

Should you end up in a postion of needing to pove they havent sent the daya despite your repeated insistance they do, the letters support that view. This will be important if a)you do try to take them t court for non-complaince ultimately and b) if you end up in court with an estimated claim they cant say you didnt ask for the info.

What i was trying to point out is that until the ICO announces their decision about the relevance of Abbeys system it wont make any difference I believe.

Pete

Youre right they cant be allowed to get away with it.

FWIW we (myself, CAG and a few other members) have written to the team investigating Abbey wioth evidence which supports our view.

I am in regular contact with the ICO reinforcing this view regulalry and will continue to do so until the right decision is announced. The info on what has been said/sent to the ICO is in the campaign forum/ICO thread.

HTH

glenn