Hi, I sent the letter last week for Subject Access Request and this is the reply I received today.

"I confirm that we shall be able to provide you with copies of your bank statements covering the last six years under the right of access under the Data Protection Act 1998.

We note also your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under the data subject access request and accordingly no such disclosure will be made"

I would think that this info will be held on my computerised account records, therefore they are included. My understanding is that I have the right to see any information held about myself on computer. When I worked in banks and finance companies previously we were always told to ensure we only put factual info and not opinions etc on the notes as the customer had a right to these.

Can anyone advise me regarding this, any suggestions as to how I can word a response to this the e.g. the appropriate quote within the act, and what the actual legal position is would be greatly appreciated.

Has anyone else had this response?

Thank you, Lou

We note also your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under the data subject access request and accordingly no such disclosure will be made"

As far as I'm aware, from reading round other posts, I think you're the only one who's even had their request for manual intervention acknowledged, so you're doing well! lol

From what I understand, you are entitled to receive any information they hold, if it's filed on an 'appropriate' system [anyone, please correct me if I'm mistaken, or badly phrased this!].

Good luck with your claim [not that you'll need it] and keep us posted.

However, you are unlikely to get any information from any bank about manual intervention - for them to supply that infornation, there would actually have had to be some manual intervention.

They can't supply non existent info and they won't tell you there was no intervention, because that is the basis of their defense for the charges. The charges can't be a reflection of their true costs if a computer does it all automatically.

Perhaps I should send a further letter confirming that I wish to have all information which is held on their system about me, because by the sounds of things they are sending just the statements, and I already have them in my own files! It's the other stuff that I want. Perhaps I'm just being a pain but I want absolutely every bit of info that I'm entitled to, whether it's relevant or not, let them work for their money!!!!

Hi, I wonder if anyone can offer me some advice, I recevd a response to my DPA request (from Yorkshire Bank) stating that they will send me the last six years statements. They have however stated the following:

" We also note your request for disclosure of data relating to manual intervention on your account. This is not data which you are entitled to receive under a data subject access request and accordingly no such disclosure will be made"

In contrast my other bank (First Direct) have advised that they will send all the notes from the account as these will contain the info re manual intervention.

My understanding is that I am entitled to all the information recorded relating to my account.

Should I write back to them requesting ALL information which is covered under the Act?

Is there any particular quote from the Act that I could use within my letter which would reinforce the fact that I am entitled to more than just statements?

Any advice would be greatly appreciated, thanks Louise

My understanding is that I am entitled to all the information recorded relating to my account.

Should I write back to them requesting ALL information which is covered under the Act?

Is there any particular quote from the Act that I could use within my letter which would reinforce the fact that I am entitled to more than just statements?

Any advice would be greatly appreciated, thanks Louise

You are correct that they should provide this - however, the information you are missing does not stop you from moving to the next stage of your claim.

However, should you really want to pursue them for this data, you have two options:

1) A complaint to the Information Commissioner (may get you the info eventually)

2) County Court Action - aggressive approach, but could end up in court - see Bank Template Library (DPA Non-Compliance)

Thanks Alanfromderby,

I was really hoping that if I could respond to them with a bit of the "jargon" to back my request up I could avoid having to go down any more complicated routes!! I've been having a look on the net and some of the info I've found backs up what I think, but most of this is on sites for other organisations, Ican't find the relevant bit within the Act itself!

There seems to be a few posts on here with quotes, was hoping someone might have a relevant one I could use.

Have a look at my "My Interpretation" thread in the Halifax area; that might give you a bit of Ammo...

Presumably they are claiming that this information falls outside the act because it is not kept on computer. If so, then the caselaw would be Smith v Lloyds/TSB. This confirmed that manual records would be included, where they were filed in an indexed system.

Alan - I'd be interested in your take on my thread referenced above, too...

Thank you, I'll try to put a letter together tomorrow and let you know how I get on!

YB have only sent me statements and no mention of manual intervention. I interpret this that either there was no intervention or they are incompetent, so I have just gone ahead with the preliminary request for payment. If you have clearly stated what you want and they have failed to supply it I would have thought this would just give you a stronger case. Personally I don't see the need to keep chasing the banks for information if they have stated their response. Just work out what they owe you and ask them for it. It is your claim on your terms. Go for it.

But then I am no expert so you must decide for yourself.

How's this, any feedback appreciated, want to get this right:

I refer to my earlier letter of 11th May and your subsequent response dated 17th May.

It seems that it is your intention to supply me with statements of my account and no further information relating to my account details with you, despite this being a requirement of the DPA. If, as you claim, I am not entitled to any further information other than transaction history, could you please advise me as to which part of the legislation you base this claim upon.

I would draw your attention to the following passage from the Act itself:

7. – (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

© to have communicated to him in an intelligible form-

(i)the information constituting any personal data of which the individual is the data subject, and

(ii)any information available to the data controller as to the source of those data, and

I would therefore request that I am furnished with a full record of all my presonal data, including the “notes” relating to my account, for the relevant period (i.e. six years) as any manual intervention, and the reason for such intervention, should be contained within these.

Thanks, Lou

As explained elsewhere I don't think 7(1)(d) helps your case as it specifically mentions an automatic decision making process - and makes a requirement that the data controller supplies an explanation of how a particular decision was made - and the logic behind that decision.

My opinion is that the term "automatic" specifically rules out manual intervention in 7(1)(d).

Section 7(1)© is fine - but it depends what their reason is for refusing to supply the information. My question to them would be to ask what part of the legislation they are using to claim that they should not provide manual handling notes/information etc.

I suspect they are saying it is not kept in a "relevant filing system", in which case you should reference Smith v Lloyds/TSB, or if they are saying it is not "personal data" you should point them to Durant v FSA.

Right, thanks Alan, I have omitted the paragraph re automated decisions and have amended the main paragraph to include the question which you rightly suggest I should ask.......

Have I worded it okay?Is there anything else I should include/omit?

Cheers Lou x

That looks fine - keep us posted.

Right I pposted the letter on 24th, recieved response today dated 25th:

"Dear Mrs xxxxx

DATA PROTECTION ACT 1998 - DATA SUBJECT ACCESS REQUEST

Thank you for your letter of 22 May regarding the above Act.

As your letter of 11th May specifically requests a list of charges and transactions or a complete set of bank statements then this is what we would provide.

As your most recent letter now requests full details of personal information held, this will also be provided to you in due course.

We hope that this satisfactorily clarifies the position. If you require any further assistance please contact your branch.

Yours sincerely

Anne Findlay

Network Support"

One up to me I feel!!! Lets wait and see what arrives now, all it took was a little push and they back down!

Thanks for the advice peeps, Lou

Hi Lou,

I had the very same letter returned to me, I just reminded them that the DPA covers all the records they have and worded it this way:-

All the records you hold on any computer system or any other relevant system holding my personal data are covered by the act, you are therefore required by law to disclose this personal information to me, weather it is company policy or not.

and the info came, along with somebodys statements and details other than mine, can't wait to hear what they say when I finaly contact them. I wonder how much of the DPA has been breeched here?

Good luck

secur-serv

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