Disability Rights and DPA, a moral victory?
Following exhaustive enquiries to many official bodies; Disability Rights Commissioners; Financial Service Authority, MIND and others I landed at the Information Commissioners site and called them; and very helpful they were too.
I explained about the bank not acting on information given and that we had requested on several occasions for them to note and to hold sensitive data (our mistake it was always done face to face and should have been in writing!!)
We were told by the manager some six months after the first request that this information could not be stored under the DPA as everyone has to be treated the same.
The IC confirmed that under the DPA the bank would not be prevented from holding this information; it is more a 'choice' not to do so; however the IC took a dim view of non compliance. I was also told that many providers use this argument as a smoke screen not to take action.
The advice was to send them an email asking "would the bank be able to hold this information if it was requested, and are they prevented under the DPA from doing so" they have said they will respond quoting the relevant part of the act.
This could then be taken to the branch or in our case included with the other information to the fos.
So I feel if nothing else we may have a small ‘moral’ victory and for us adds more ammunition to fire at them!!
Jo
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