Halifax and DSAR Non Compliance

[Loser4u]

Just had a bit of a result with the Halifax and Information Commissioners Office.

Halifax said that they did not have to disclose paper records / files as these aren’t covered by the DSAR. ICO has said these are covered and I was incorrectly advised.

They will also hold this complaint on file and take it into account if there are further complaints about the Halifax.

 

Halifax have 20 days to comply and guess what? - while they have replied they still haven’t given disclosure of all documents.

 

I have reminded them of their obligations and enclosed a copy of the letter from the I.C.O. and it will soon be time to follow this up with a further letter to the I.C.O. and them if they still don’t comply.

 

Not a quick process but if everyone who has been told this misleading information by the Halifax and others complains it will benefit everyone in the long term

[Tootles1971]

nice result!

[Bazooka Boo]

Yes, nothing happens overnight, and every complaint WILL help everyone in the long run, well done for your persistence......so far!

[Loser4u]

Thanks don't worry I have been very persistant and will continue to be

They have disclosed more in reply to a court order than they have to the DSAR

Contained within the bundle of documents are copies of Halifax internal emails that shouldn't have been included that confirm they have more detail in the branch records that they haven't included.

These haven't been disclosed to the ICO yet as the documents came into my possesion after the last correspondance from me to the ICO

[rebel11]

Well Done.

[bezzy0_0]

Just had a bit of a result with the Halifax and Information Commissioners Office.

Halifax said that they did not have to disclose paper records / files as these aren’t covered by the DSAR. ICO has said these are covered and I was incorrectly advised.

They will also hold this complaint on file and take it into account if there are further complaints about the Halifax.

 

Halifax have 20 days to comply and guess what? - while they have replied they still haven’t given disclosure of all documents.

 

I have reminded them of their obligations and enclosed a copy of the letter from the I.C.O. and it will soon be time to follow this up with a further letter to the I.C.O. and them if they still don’t comply.

 

Not a quick process but if everyone who has been told this misleading information by the Halifax and others complains it will benefit everyone in the long term

 

 

hello , had the same problem, no SAR info 65 days on, is this the type of letter you received?

 

 

 

 

also reported them to ico yesterday , thats 2 of us:-)

[Loser4u]

Very similar but mine also said I could access them with a court order at least they have changed who to complain to. All my letters said I could complain to the Financial Ombudsman Service.

 

I responded with

"In response that you think paper files are exempt without a court order.

A relevant filing system includes paper files or records held in a structured filing system.

It’s my belief these are in structured files and so are not exempt from this request. Since October 2001 this has included all paper records regardless of the date that the file was created.

If you believe these records are exempt can you please advise the exact clause(s) within the data protection act or your interpretation that you believe makes these records exempt from being supplied."

I also advised that the I.C.O. investigates complaints regarding D.S.A.R.

 

They never responded to this letter other than they had complied with the data they had to provided and if I wasn't happy I could complaint to the F.O.S.

 

In the Halifax's response to the I.C.O. they have stated that it was an individual persons error.

The I.C.O. letter states that "I was incorrectly advised that paper records are not subject to disclosure and that I would have to apply for a court order."

 

So despite the assurances they made to the I.C.O. they haven't changed their response to paper records.