Data protection joint bank account

[macawac1]

Hello,

 

I am not too sure if I am posting in the right forum so apologies if not. I am trying to find out some information on behalf of my brother.

 

He has just submitted a Subject Access Request letter to Nat West Bank regarding a joint mortgage and joint bank account he held several years ago with his wife, as he is in dispute with them over debts that were accrued on the accounts after he was assured from the bank that the account had effectively been "frozen". He and his wife separated (but did not divorce) around 8 years ago, very acrimoniously, and now he does not have any contact with her and has no idea where she is.

 

Nat West have replied to the SAR stating that they cannot release any information without her consent. The account was in joint names and each one of them could sign cheques etc independently of the other.

 

I do understand that information released under the Data Protection Act must not identify another person without their consent, however is there also not some provision that this must be "reasonable"? There is absolutely no way on earth that even if my brother did manage to trace her that she would ever give permission for him to do anything!

 

If the bank is within it's rights to refuse him any access to his information on this basis, could they not supply him with the information but with any personal reference to her blanked out?

 

I have trawled the internet trying to find a similar scenario and solution but so far with no luck. I am sure that this situation has arisen many times.

 

Any advice or help on the way forward would be very gratefully received.

 

Many thanks in advance,

Karen.

[Streetwise]

Hi,is he asking the bank for the S.A.R.in his name,if he is they should release the information I believe,if they wont play ball contact the I.C.O.,and explain to them what's going on,regards Streetwise

[macawac1]

Hi Streetwise,

 

Thanks for your reply.

 

I have spoken to the ICO and they said that if the bank did refuse to release any information they would look into it. He is applying just in his name, but their advice to me was that as the account was opened jointly, by the nature of a joint account they could not reasonably refuse him the information.

 

We will see what response we now receive from the bank.

 

Regards, Karen.

[Mike_hawk]

Karen

 

Would suggest s.35 of the DPA is applicable

 

Phil

 

http://www.legislation.gov.uk/ukpga/1998/29/section/35

 

35 Disclosures required by law or made in connection with legal proceedings etc.

 

 

 

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

 

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

 

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

 

(b)for the purpose of obtaining legal advice,

 

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.