Subject Access Request

[stress]

Hi i wrote to my DCA asking for my subject access request with the correct fee of £10.00

They wrote back and confird that they would send it, i then got a letter saying it had been sent to me but returned to DCA as i was not at home could i contact them and make other arrangments, i was in no rush and forgot about it for somtime. About 2 months later i had a call from an old naighbour in another town saying he had a letter from the new tennants in my old house! he told me it was my Subject access request? he kindly posted it to my address.

I found that they had only gave data from 2007 but data started 2005

 

Has the DCA breached the data protection act?

[stress]

I wrote to my DCA with the correct fee requesting my subject access request, they wrote back and said they would send it soon, I then got a letter saying that they had sent the SAR by courier but i was not home and could i contact them to make other arrangements.

 

I didn't contact them as i had other problems to deal with at the time! about two months later i received a phone call from an old Friend he said that the people living in my old address in another town had my SAR? he kindly posted this to me. I took a loan out in 2005 but the SAR only started from 2007

 

Is the DCA in breach of the Data protection act ?

[Mrs E Blackadder]

I should think that they are only in breach of the Data Protection Act if your SAR was actually openend and read by the people at your old address. If it wasn't, then nobody has seen your personal information. Sending it to the wrong address, especially if they do have your correct address, might have caused problems with regard to time scales especially if there was something like a court case involved but it isn't in itself a breach of the data protection act.

[stress]

It was opened and read by the occupiers who told my friend about the SAR!.. have looked at DPA and cant find anything that said they have acted irresponsible, did they forget the other 2yrs Data?

 

Thank you for reply Mrs E blackadder

[fmc001]

Stress

 

A SAR entitles you to all personal information. There is no prescribed time limit however a lot of organisations will claim they only hold data going back 6 years.

If you took the loan out in 2005 they should still have the data. Write back to them and tell them they have not suppied all the requested info giving them a further 14 days to respond.

 

FMC

[citizenB]

You can make an official complaint to the Information Commissioner. I find it strange that the SAR was sent to a previous address if the DCA had made contact with you at your new address. Evidently they had the updated information. I am assuming that when you sent the SAR you also put the correct address for the information to be sent to you.

 

In respect of the missing data, you can either write and ask for them to provide it as they havent fulfilled their obligations or you could include that in your complaint to the Information commissioner.

[stress]

Hi CitizenB

The SAR had the correct address and the DCA wrote back to me at the new address, i am calling the information commissioner today! I have a up and coming court Case with the DCA and was trying to find what part of the DPA they broke? they have made some unbelievable mistakes this is just one of them but it is better to have everything in place before i go to court.

[stress]

Hi, all

Just received my subject accesses request from my data controller! all looking good, problem is my computer crashed and all the correspondence to them was lost. Can i write to them and ask for a true copy of my letters i sent them

[rebel11]

Hi Stress

 

That shouldn't be a problem. Thats data they hold on you. Don't tell them it's because of loss of data on you PC. Just say

you haven't received that data.

[stress]

Hi Rebil11

Thanks for speedy reply!..

 

Many thanks

Stress

[rebel11]

Heres a chase letter:-

 

Dear Sir/Madam

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xxxxxx. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

2) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely,

[stress]

rebil11,

Your a star!.. again

many thanks

Stress