Data Protection Act 1998 Non Compliance

[pentiumofborg]

I've asked my bank Santander for all data they hold about my account under the Data Protection Act 1998. I wanted all of the transaction data since I opened the account in 1998. They sent me a letter saying "We assume this is about bank charges" and sent me only 3 years of transactions when the letter asked for at least 6 years of data. This has nothing to do with bank charges! It's about a third party I am taking to court. I don't have to give them a reason do I? How can I get the rest of my data? Anyone have any ideas?

[Conniff]

You could just tell them that is has nothing to do with charges or the bank but payments to a third party.

[citizenB]

Just advise them their assumptions are incorrect and would they please provide ALL the information they hold on you in connection with your Financial dealings with them. TBH, I wouldnt mention a 3rd party..just in case any information gets lost or mis placed.

 

How near are they to the original deadline of 40 days. Do please remind them that they are obliged to comply with your request and the original timeline still applies

[pentiumofborg]

I wrote Santander a letter two weeks ago telling them that I would write a letter of complaint to each of their Executive Directors as well as my Member of Parliament and all UK Data Regulatory bodies and they responded today, telling me that they are still processing my request. It's been 36 days since I sent them my Data Request. So I await with eager anticipation...

Edited December 5, 2011 by pentiumofborg
information missing

[citizenB]

So they have a whole 4 days in which to comply.. dont they

[pentiumofborg]

They refunded my payment of £10 today "As a gesture of goodwill", though I'm not sure if this is a bad thing as far as getting my data is concerned. They also said they tried to ring me 3 times but I wasn't going to talk off the record. They have 3 days to repond in full to my Data Request...

Edited December 6, 2011 by pentiumofborg
missing info

[citizenB]

They refunded my payment of £10 today "As a gesture of goodwill", though I'm not sure if this is a bad thing as far as getting my data is concerned. They also said they tried to ring me 3 times but I wasn't going to talk off the record. They have 3 days to repond in full to my Data Request...

 

Hmm, keep an eye on this.. I am surprised they have refunded the £10.00 . It doesnt matter though, you sent it and made the request. They are obliged to comply.. They might just try using the returned fee to mitigate a delay!!

[pentiumofborg]

They just refunded me the £10 directly to my account, listed as ACCOUNT ADJUSTMENT. I think this is because I made such a fuss in my letter: "This matter has nothing to do with Bank Charges from your bank. My letter didn’t mention bank charges, why have you sent me a letter about bank charges? My letter made no mention of Bank Charges whatsoever. It was a Data Request under the Data Protection Act 1998. The letter I sent you was not lacking in clarity in the request being made. You have not the provided the information I requested and paid £10 for in my letter dated 24/10/11 under the Data Protection Act 1998. You have a legal obligation to provide all of the information that I have specifically requested and paid £10 for. So again, I request all of the information I’ve asked and paid £10 for under the Data Protection Act 1998. If you don’t provide this information to me within the original timeframe, I will make an official complaint to the Ombudsman, your Executive Directors Ms Ana Botín, Mr Jose María, Mr Steve Pateman, my Member of Parliament and all relevant UK Legal and Data Regulatory Bodies." It's been over 40 days and they haven't supplied me with the information I have asked for, so they will get a Data Protection Act Non-Compliance letter on Monday morning by First Class Recorded Post.