Prospero v Barclaycard

[Prospero]

Sent DPA request off 10 days ago. Just got back copy statements from May 2004 together with a letter containing the usual BS about earlier information being stored on microfiche.

 

Not sure what to do about this. I actually already have all the relevant statements from before May 2004, and was just missing a wodge from around the time I moved office last year, which they have now sent. So, it doesn't really bother me and I shall be starting the procedure now, but I'm just wondering if it's worth taking them to task over the DPA non-compliance anyway.

 

Anybody got any thoughts???

[skbuncks]

Hi Prospero

 

BCard are very reluctant to dish out data pre may 2004, no matter what you threaten them with. Still it doesnt hurt to complain. Here is a letter you can send bcard. You can also complain to the information commisioner - who knows if enough people complain they might do something about it (complain to the ICo here Data Protection Complaints – Information Commissioner’s Office (ICO))

 

good luck with ur claim. skb

 

Letter to bcard.

Account Number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XX/XX/XX, outlining that you

could only provide me copy statements covering transactions from May

2004 on my account, because any earlier information has been archived

onto microfiche.I also acknowledge receipt of the information you

forwarded.

My request was for a complete list of transactions and charges

relating to my account – in short, a list of charges

with dates and amounts – alternatively, a complete set of account

statements for that period would be acceptable. This should be

retrievable from your accounting systems, and easy for you to

produce. I will accept a computer print out of these transactions.

 

As you will be aware you need to have a 'relevant filing system' this

is a system in which files are structured or referenced so as to clearly

indicate at the outset of the search whether specific information

capable of amounting to personal data of an individual making a

subject access request is held within the system and, if so, in

which file or files it is held and which has, as part of its own

structure or referencing mechanism, a sufficiently sophisticated and

detailed means of readily indicating whether and where in an individual

file or files specific criteria or information about the applicant can be

readily located.

 

I am aware that you have been willing and able to provide other

customers with a print-out of transaction information covering this

period – and am ready to bring this to the attention of the

Information Commissioner should it prove necessary. I would also

draw your attention to Smith v Lloyds TSB Bank plc (2005) EWHC 246

(Ch).

This letter has been sent by first class recorded delivery, and

therefore should have reached you by XX/XX/XX – as you will be aware,

as of this date you have just XX days in which to comply with my request.

As stated above, a complete set of account statements for the period in

question will be acceptable; however, I expect this to be provided

within the time period for Data Protection Act compliance.

Should there be any further attempts to delay compliance, I will be

left with no alternative but to commence a County Court action under

section 7, and section 15(2) of the Data Protection Act 1998, and in

due course, escalate this matter into an official complaint to the

Information Commissioner and the FSA.

 

Yours faithfully,

[Prospero]

Thanks - I was thinking along those lines. As I said, it doesn't make much difference to me as I have nearly every relevant statement, but I don't see why that means they should get away with flouting the law.