Marc Gander - The Consumer Survival Handbook


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  1. #1
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    Thumbs down HSBC non compliance..

    Hi everyone.


    I wanted to see if there is any advice of how i can communicate with HSBC to point out the NON Compliance to my SARicon through the HSBC protection Data office.

    So i understood that HSBC has 1 month from the day after they get my SAR Application to comply, and the SAR is to be complied to without undue delay.

    HSBC failed to comply to the deadline and failed to provide me access to all my data i requested.

    I turned to the ICOicon, where the officer claimed to me, HSBC does not have to comply within the deadline if at some point in time, HSBC writes to me after the deadline they miss, to let me know how HSBC has failed to comply to the SAR.

    I complained to HSBC about the non compliance, that they failed to give me access to data i applied for, within 1 month from the SAR. HSBC DATA office replied to me that as far as they are concerned they complied to the SAR and did not talk about the fact they did not communicate with me until nearly 1 more month after they failed to comply within 1 month compliance..

    Let me know what you guys think. should i been going straight to a lawfirm or argue it through with HSBC and the ICO officer how the SAR was not complied to within the 1 month deadline, and that i was not given access to the data i applied for in the SAR..


  2. #2
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    Default Re: HSBC non compliance..

    I am astonished at the advice you have apparently received from the ICOicon. Did you receive this in writing? And if so please will you post it up here in PDFicon format.

    The ICO advice is wrong.

    If you received this advice on the telephone, then did you record call? If not then why not. Our advice everywhere on this forum is to read our customer servicesicon guide and to record your callsicon.

    If you have not received the advice formally then I would suggest that you begin a formal complaint to the ICO so that you receive a formal written response. I would expect the response would be in the form of an email which would say something like "in our opinion it is unlikely that HSBC have complied with their GDPRicon obligations"

    In terms of your problem with HSBC, please would you outline what has happened in bullet point fashion. I'm afraid the account that you have given us above is not very clear



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  3. #3
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    Default Re: HSBC non compliance..

    @BankFodder . Right now i am waiting reply from the ICO. i have the advice in writing and will post. i did not provide the exact words of the officer, but the officer did not seemed to mind that HSBC did not comply within the deadline. and claimed that it was not a problem as HSBC data office department wrote to me after the deadline and my complaint to let me know they got my Application 3 to 4 weeks after it arrived with HSBC officers. Hence HSBC did not comply to the SARicon.

    And as far as HSBC was concerned, the y had no excuse for not Giving me access to the Data i requested access to in the SAR. For now i have the uploadicon/replies from the ICO on hold as, i want to give them a chance to fully comprehend the facts of non compliance.

    I was shocked to hear the officer ignore the SAR deadline and suggest seek further legal assistance


  4. #4
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    Default Re: HSBC non compliance..

    I think you should uploadicon the opinion immediately so that other people will be informed. It really is quite extraordinary but I think we need to see the actual wording and the actual document please.



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  5. #5
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    Default Re: HSBC non compliance..

    As i have got this in email form. i can share the exact wording untill i uploadicon the PDF i get from the ICOicon..

    Your concern:

    You are concerned about how your Subject access requesticon (SAR) was dealt with and what information you received from it. You made your SAR on 27 June 2018, it is unclear what information you requested. You received contact from HSBC on 1 August to say that their office was not made aware of your request until 25 July. HSBC sent your information on 8 August but you felt that information was missing. You contacted the bank to query the missing information and received a final responseicon from them on 14 August. It is unclear from this correspondence what information is missing.

    Our response:

    We can write to HSBC regarding the delay in responding to your SAR. However, as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this.
    In order for us to write to HSBC however we need some further information from you:

    A copy of your original SAR, stating what information you requested.
    A copy of your correspondence with HSBC about what information you believe to be missing.


  6. #6
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    Default Re: HSBC non compliance..

    Thank you for this. However, I have to say that what you have copied out here directly from the message which you received from the ICOicon: –

    Quote Originally Posted by mycustbanking121 View Post
    As i have got this in email form. i can share the exact wording untill i uploadicon the PDFicon i get from the ICO..


    Our response:

    We can write to HSBC regarding the delay in responding to your SAR. However, as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this.
    In order for us to write to HSBC however we need some further information from you:

    A copy of your original SAR, stating what information you requested.
    A copy of your correspondence with HSBC about what information you believe to be missing.
    Is not at all what you gave us to believe in your opening post on this thread where you said: –

    Quote Originally Posted by mycustbanking121 View Post
    I turned to the ICO, where the officer claimed to me, HSBC does not have to comply within the deadline if at some point in time, HSBC writes to me after the deadline they miss, to let me know how HSBC has failed to comply to the SAR.

    I complained to HSBC about the non compliance, that they failed to give me access to data i applied for, within 1 month from the SAR. HSBC DATA office replied to me that as far as they are concerned they complied to the SAR and did not talk about the fact they did not communicate with me until nearly 1 more month after they failed to comply within 1 month compliance..
    I think that this helps to show why we prefer to see original documents on this forum rather than people's interpretation of those documents.

    I suggest that you respond to the ICO with the information they require. You should also point out to them that you are not asking the ICO to take action that you are asking them to express a view as to whether HSBC are likely or not to have complied with their statutory duties in respect of data disclosureicon.

    Tell the ICO that you note that the HSBC say that they had an administrative error but that you would like to know if there is some exemption contained in GDPRicon or the Data Protection Act which allows specifically for non-compliance to be justified by administrative errors.
    Tell the ICO that you have looked through legislation and you are unable to find such an exemption.



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  7. #7
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    Default Re: HSBC non compliance..

    Thanks for the reply Bankfodder, I did say it was not the exact words.. and yet still the fact still remains.. that compliance is within 1 month, without undue delay.. they still explain how "as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this"

    Last time i checked that would mean to defeat the purpose of the administration of law, as HSBC did not comply within the deadline and did not provide access to the data requested


  8. #8
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    Default Re: HSBC non compliance..

    I agree with what you're saying in terms of their failure to comply. However I have to say that your first post claimed that the ICOicon was acquiescent in this – and in fact it turns out that they are not at all. Although they are a bit limp wristed their position is not flawed. Simply not very aggressive. As guardians of an important human right it would be nice to see the ICO with a bit of spine



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  9. #9
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    Default Re: HSBC non compliance..

    Thanks for the support BankFodder.

    I turned to the ICOicon simply because they have a range of enforcement tools available to it, for the bank to disregard my SARicon as they did,. and not provide information i applied for, is a failure to meet the deadline and exposes them to penalties. Ordering compliance would be nice right now, instead of getting practices of undue delay.


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