Beyond the 6 years

[Cassandra1413]

Does anyone know how far back the Subject Access data/DPA extend? Would it contain the 'lifetime' information of a bank account, or just the past 6 years? Thanks.

[hagenuk]

In theory there is no time limit on the obligations of companies under the Data Protection Act - they should send you everything they have, however, companies are not obliged to store information for more than six years plus the current financial year, so it may be that the information has been destroyed in accordance with internal company policy.

 

In my case, with all the letters I amended the SAR letter slightly to ensure I received all the information held about my accounts, not just the last six years.

 

Of course, most companies merely sent me six years worth, either because it is all they had or because they are now receiving so many of these types of requests they think they know what we want!

 

I have challenged them on it and I suggest if you want more than the last 6 years you do the same.

[Jane Austen]

In the 1980 Limitation Act there is a 6 year limit. I believe the relevant section is:

An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the case of action accrued.

 

However, there are people challenging this is they have their account information going back longer than 6 years.

[hagenuk]

Quite right, but section 32(1)(b) of the Limitation Act also states that:

 

any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant, then the period of limitation shall not begin to run until the plaintiff has discovered the concealment.

 

If however the banks claim that they were unaware that the charges were unlawful and therefore no deliberate concealment has take place then you can cite section 32(1)© which covers actions for relief from the consequences of a mistake.

 

 

[Jane Austen]

You certainly know your stuff Hagenuk! Fancy coming to court with me?????

[hagenuk]

I'll make a deal with you.

 

IF you get to court, I'll help.

 

But my guess is I will not need to deliver, there will be no court appearences.

[Glenn UK]

FWIW

 

i have it from a relaible source that the Abbey holds data on record since the 1920s.

 

Most of it on microfiche if i check my notes.

 

The statue of limitations wont apply imho its hogwash!

 

Edit sorry should clairfy that last line, i agree with hagens assessment.

 

glenn