Identification for SAR to a DCA - ok to send?

[tooblueskies]

I sent a DCA a Subject Access Request and the DCA have responded (AFTER 40 days and my threatening them with court action) asking for ID, one being photographic eg passport and the other confirmation of my address eg driving licence.

 

These are the only two identifications I can really send them anyway as I have nothing else. Sending them my ID seems a bad idea to me.

 

I just need to know whether it is safe to do so as they will obvioulsy know my full name, date of birth etc as at the moment they only know my initial and address. It doesnt involve any money, just my forcing them to show me the information they have (or not) to substantiate a mark on credit file.

 

They also say the 40 days will commence AFTER they've received the further ID - is this correct? This doesnt seem right.

 

I was thinking of phoning the Information Comissioner on Monday to let them know they are in breach/ask for advice - is there any point in my doing that? The DCA have NEVER asked for my ID previously.

[welshwizard]

Tell them that they have been communicatingwith you at that address so must have been happy with your identity prior to the SAR. There is somethingin the OFT guidelines which says this - but better than I can! Also you made the request and I am sure that the 40 days starts from when you made it not when they decide!

 

I woudln't send them anything just in case they 'lose it' and certainly don't send your driving licence - it has your signature on it and allegedly DCAs could allegedly lift the signature off the driving licence and allegedly paste it onto a CCA.

[tooblueskies]

Thanks.. it just seems a bad idea for me to send them ID when THEY are in default of my request. I still they have their letters, including their demands for payment. If they are not sure about my identity they are in breach with the OFT guidelines as well.. though they probably already know that.

 

Its so obvious that they waited until the 40 days were up and THEN requested ID!

 

I know I've seen a letter saying they have been happy to assume my identity is correct etc... concerning a CCA but I havent seen one for a SAR.

 

I will ring the Information Commissioner on Monday and see what they say.

Edited May 15, 2009 by tooblueskies

[cerberusalert]

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, may I bring the following to your attention;

Data Protection Act Good Practice Notes:

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

 

2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request,

 

Yours,

Print name do not sign.

[welshwizard]

See I said someone else could put it better :D:D:D

[tooblueskies]

ahh.. great.. thanks! No doubt they will come back with some other excuse.

 

They dont know that I know about the mark on my credit file. I was gonna leave that till later to use as a "show me the info or remove it" demand AFTER they admit they have nothing on me.

 

Thanks.

[cerberusalert]

If they carry on playing silly beggars make a complaint to the Information Commissioners Office, they have the power to enforce them and fine them £5000 for the privilege. https://www.ico.gov.uk/Global/contact_us.aspx

[Undercover-Elsa]

Hi Tooblueskies,

You might also like to print and enclose a copy of the ICO guidelines for handling SARs, highlighting the relevant parts

 

This is an excellent piece of kit provided by 42man yesterday

 

All the best,

Elsa x

checklist_for_handling_requests_for_personal_information.pdf

[Helmetfire]

Just had the same thing from my bank, thanks for the info

[Luxxinterior]

Just had the same thing from my bank, thanks for the info

 

 

Me too

 

thanks all

[Undercover-Elsa]

snap again cerberusalert..I must have been having a touch of Elsazeimers!

[welshwizard]

Under a SAR, do DCA's and OC's have a 'right' to ask for £1 to cover a copy of each CCA? I woudl have thought that this would be covered by the SAR - though I may be worng..........