Pre 1985 CCAs

[cadwallader]

The regulations on supplying copy documents ((Consumer Credit (cancellation notices and copies of documents) regulations 1983/1988)) state that for an agreemement prior to 1985 the creditor only needs to provide a copy of current terms & conditions if they no longer can provide a true copy of the original.

 

Does anyone know if this applies to SAR requests made under the Data Protection Act or is it just applicable to s78 CCA 1974 requests?

 

Thanks

 

C

[Docman]

The 1985 cut off relates to CCAs under the Consumer Credit Act 1974. It has no bearing on the Data Protection Act 1998.

 

A Subject Access Request under S7 of the DPA 98 relates to ALL data held by the data controller. There is no time limit. The only stipulation is that a data controller should only keep data about a person whilst it is still relevant to do so or there is a statutory limit, eg keeping documents for 5 years after the termination of the relationship because of Money Laundering Regulations.

[cadwallader]

Thanks Docman

 

So under an SAR request they can't just produce template T & Cs with no personal details from the time of the agreement - they should provide an actual copy (if it still exists)?

 

C

[Docman]

A request under the DPA is a personal one, so a template just doesn't cut it.