2 defaults Egg and Vodaphone - Default hell!!

[dayglo]

No!!!! they claim to be data processors not controllers.

 

Wxx

 

actually - Although we know that is what they claim.... there is mileage in challenging this.

 

It's just way down on the priority list and is unlikely to yield much in the way of helpful results.... just my view......

[dayglo]

........and they're not old! ....AND stop lookin' :x

 

lol

Wxx

 

 

can't make me! :D

[lookinforinfo]

Dayglo You cannot apply to a data controller to remove personal data if clause 1-4

exist- ICO legal guidelines

 

4.2.1 Does this right apply to all data?

An individual can only serve a data subject notice that relates to personal data in respect of which he is the data subject. However, an individual is not entitled to serve a notice if any of the first four conditions of processing contained in Schedule 2 apply i.e.

he has given a valid consent to the processing (although consent may be withdrawn);

the processing is necessary for the taking of steps, at the data subject’s request, with a view to entering into a contract, or the processing is necessary for the performance of a contract to which the data subject is a party;

the processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract;

the processing is necessary to protect the individual’s vital interests (i.e. it is a life or death situation).

The Secretary of State may prescribe additional circumstances where this right is not exercisable. No order has been made to date to this effect.

[dayglo]

Dayglo You cannot apply to a data controller to remove personal data if clause 1-4

exist- Information Commissioners Office legal guidelines

 

 

ok - this is getting silly....

 

That is exactly what I've been saying all along.

 

It annoyed me that you claimed I was wrong in my assertion that unless paras. 1-4 can be shown to be met then a notice under S.10 can be exempted.

 

I was not wrong then, and I'm not wrong now!

 

If you are going to claim the 'situation is the opposite of what I've claimed'

either show it or drop it.

[lookinforinfo]

Willow, I am so sorry I missed your invitation. Though I would prefer a bottle

of Le Corton any day to a Shiraz, to be perfectly honest an offer of

cider slops is more than enough to get me on my bke and up the road.

 

BTW I called them data controllers advisedly -see ICO comments-

 

An illustration of the difference between the concepts of data user and data controller is in the context of credit reference agency data. The credit reference agency was a data user under the 1984 Act and is a data controller under the Act. [THe DPA that is].

[Guest willowb]

 

1. Willow, I am so sorry I missed your invitation.

2. and is a data controller under the Act. [THe Data Protection Act that is].

1. You're not looking at my glowing boobs are you?!!!

 

2. Try telling them that!:o

 

Wxxx

 

Ahem....3 glasses later................******************whatever!

[dayglo]

I'm just saying that they glow - statement of fact. If it's any consolation, I 'm looking at them less often than I was

[Guest willowb]

Yeah? .....well......ahuh......Now I'm REALLY MAD!!!

 

 

LOL

 

Wxxx

[dayglo]

just 'cause I can pop up anywhere! would it be the 'soldier' or the 'chef' costume tonight?

[dayglo]

sorry i've just re-read your last post....

 

are you mad that I'm looking at them less often or looking at all? you should be clearer in your posts (he says running for cover!)

[Guest willowb]

Definately soldier!

 

 

Wxxx

[Guest willowb]

sorry i've just re-read your last post....

 

are you mad that I'm looking at them less often or looking at all? you should be clearer in your posts (he says running for cover!)

LOL........whatever!

 

I am vague when I want to be and sometimes when I don't want to be but certainly if I am challenged I will recall past events like a philli lawyer and take no prisoners......I am woman see me glow!

 

 

Any clearer?

 

Wxx

[dayglo]

I made an error - there never was a soldier - but there was a cowboy!

 

[lookinforinfo]

I don't even think they glow.

 

Mind you, a similar effect can be achieved if the top gets wet, and then

comes into contact with glass. You haven't been washing your car wearing that top and winding up the neighbours have you?

[Guest willowb]

:o :o :o

 

 

***Ahem.....**** enough about my top!

 

Wxxx

[dayglo]

go on then.... best Mr. Benn episode?

 

I liked the chef!

[Guest willowb]

Is that the one with the princess that won't eat anything, not even cake? All the palace chefs make meal after meal, beautiful dinners displayed for her pleasure all day but she still refuses to eat (and looks very sad:( )and then mr Ben gets all the poor children in the kingdom to come and dine in the palace which makes the princess happy and she begins to eat her food? .....it was such a successful plan that mr Ben suggests that the children eat at the palace once a week, this way the princess will eat at least once a week and the poor children will get the feast of their lives once a week.....:o

 

yeah?

 

that one?

 

I liked it too:D

 

 

If you are wondering...................Noggin'!!!!!!!!!!!

 

Wxx

[un1boy]

lol Willow

[dayglo]

Is that the one with the princess that won't eat anything, not even cake? All the palace chefs make meal after meal, beautiful dinners displayed for her pleasure all day but she still refuses to eat (and looks very sad:( )and then mr Ben gets all the poor children in the kingdom to come and dine in the palace which makes the princess happy and she begins to eat her food? .....it was such a successful plan that mr Ben suggests that the children eat at the palace once a week, this way the princess will eat at least once a week and the poor children will get the feast of their lives once a week.....:o

 

yeah?

 

that one?

 

I liked it too:D

 

If you are wondering...................Noggin'!!!!!!!!!!!

 

Wxx

 

That's illegal! no wait..... I'm mixing it up with muffin the mule.

 

I liked the pirate one too

 

After the shopkeer suggests that Mr Benn try on a pirate’s outfit, our suburban hero arrives on the deck of a pirate ship commanded by Captain Tempest. When the lookout spies a sailing ship on the horizon, the captain orders his crew to plunder the vessel for its booty; however, the sailors seem strangely unwilling to carry out their orders, and the sailing ship gets away. Mr Benn soon learns that the crew don’t really want to be pirates, and they are willing to try anything to get out of attacking innocent vessels…

[Guest willowb]

lmao:D

 

Wxx

[nathal]

great read

[Guest willowb]

what? the parts about Mr Ben or that other less important stuff about those silly defaults???

 

Wxxx

[spinningfish]

Hello there...

 

A quick question regarding the letters to the CRAs...

 

I used Surlybond's template letter, in the 'Default Hell' thread, in order to ask all the Credit Reference agencies to remove my data from all automated processes, however I've had a response back from Experian stating:-

 

"As a credit reference agency, Experian does not make any automated decisions with regards to your creditworthiness or any of the other criteria that are specified within Section 12(1).

Consequently, we do not have to comply with your request to remove the information that we process by automatic means. This is because we are not making any decisions about the information that we obtain and process via automated systems.

 

It is only when a decision is made by automated processing that you are entitled to have that automated decision reconsidered (s.12 (2)(b))."

 

"In your letter you also refer to the Human Rights Act 1998. This Act requires all 'public authorities' to act compatibly with the rights contained in Schedule 1 of the Act. As Experian is a private company and not a public body, the Human Rights Act 1998 does not directly affect the work we do."

 

Can you help me with this letter at all?

 

Many thanks

 

 

Le Poisson

[last1standing]

Spinning fish. I recieved the same response. I emailed Mr Paul Lever and informed him that i will be going to court tomorrow and filing an N1 form, as he did not do as i asked???

 

Is this right. What do i put on the Claim form. Please help!!

 

I was listening to what Neo said but this threat has turned into a dating thread lol.

 

Gilly

[gillytilly]

Thank you for your e-mail received on 13 January 2007. I note your intentions to issue an N1 form in relation to our refusal to complywith your request under Section 12(1) of the Data Protection Act 1998. As I have already explained in my previous correspondence, Section 12(1) doesnot apply to us, as we do not make any decisions about the data that we processby automated means. You may also wish to consult with other members of the Consumer Action Groupwebsite, where you obtained the standard letter to make your original request.The majority of the people who have contacted us in relation to Section 12 donow understand our position and have withdrawn their request. I can see that you have recently posted an entry on the website referred toabove seeking assistance with how to complete your N1 form. Before undertaking potentially expensive legal action, I would stronglyrecommend that you contact the Information Commissioner's Office, who regulatesthe Data Protection Act, should you require any clarification of this. The Information Commissioner's Office: Wycliffe House, Water Lane, Wilmslow, SK95AF I still believe that you would be better served making a Section 12 request toany companies that you apply for credit to, as this will ensure that yourapplications are assessed manually rather than through an automated decisionmaking process. Please note that we reserve the right to pursue you for costs should any claimmade against us be unsuccessful. Kind regards I am confused are they right or shall i go for it. Please adviseLast1standing Mr Paul LeverConsumer Compliance ExecutiveDirectors' Office