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Clerical Medical/Scottish Widows - No Statements sent - FOS Sided with them - SAR'd FOS - they say somethings are not my data


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Background

I am in dispute with Clerical Medical over, amongst other things, statements that I haven't received. They didn't resolve my complaint in time so invited me to complain to the FOS, which I did

The FOS investigator in his findings has written that 

Quote

Scottish Widows have provided evidence in the form of system screenshots to show that statements have been sent each year since 2019. So, I’m satisfied they were sent

Clerical Medical have now provided all missing statements apart from two.

One of these is for the policy year 2021 - 2022, which they say is unavailable due to a system migration.

I have twice asked the FOS investigator for a copy of his screen shot to try and resolve this discrepancy but they have ignored me

today I submitted a subject access request.

I said I was primarily interested in the screen shot but I also asked for everything they held against the complaint reference number.

The response I got from firstly the Data Protection Operations Senior Coordinator, then secondly the investigator was that 

Quote

A DSAR does not entitle an individual to a copy of documents, rather the personal data contained in a document

The investigator expanded on this and said

Quote

The UK GDPR states that a consumer can make a SAR to find out what personal information an organisation holds on them, how they are using it, who they are sharing it with, and where they got the data from. A DSAR does not entitle an individual to a copy of documents, rather the personal data contained in a document. What you’ve requested doesn’t tie in with what a DSAR is. We don’t consider a DSAR will give you what you’ve requested.

 It might also be helpful to explain what information you would be entitled to see under a DSAR (which would be a copy of your personal data only). For example, some documents or correspondence contained on the file may not contain copies of your personal data, or if an exemption applies, this information wouldn’t be included.

Personal data is defined as any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

From the information you provided, I believe you’re requesting the information we’ve relied on when investigating your complaint. Some of the information you’ve requested are screenshots of Scottish Widows’ systems, and as these can be seen as commercially sensitive, I’ve written to Scottish Widows to get their authority.

I'll wait the 40 days and see what they come back with then make a decision on next steps at that point, but I want to make sure I've got my facts in the right order before I start arguing with them.

They seem to be saying that my SAR doesn't cover the screen shot because it isn't personal data but I disagree.

I have a reference number that identifies my complaint and therefore indirectly identifies me.

I think that means everything that is held against that reference number, including the screen shot, is my personal data and is in scope of my SAR (subject to exemptions).

Who is right?

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The FOS has the ability to receive documents securely which they can use to make a decision but can't share with the Complaintant (you).

They have the power to do this because of the type of service they are.

In terms of the screenshot, how do you know wht it contains if you have not seen it?

Are you 100% sure on what it contains or are you just guessing

underpaid paralegal

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  • dx100uk changed the title to Clerial Medical/Scottish Widows - No Statements sent - The FOS view of the scope of SARs
  • dx100uk changed the title to Clerical Medical/Scottish Widows - No Statements sent - FOS Sided with them - SAR'd FOS - they say somethings are not my data

thread title updated.

Send SW an sar yourself then, as they will be in your comms/manual intervention log as thats part of their data they hold on you.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the replies and sorry, as it seems I haven't communicated my question clearly.

I'm not after advice about how to deal with the situation I'm in.

I'm on top of that and sent a SAR to Scottish Widows the day before I sent one to the FOS.

My query was around the FOS interpretation of personal data and the extent of their obligations under GDPR, hence the original title

They have said that "personal data is defined as any information relating to an [...] identifiable natural person (‘data subject’)"

They then define an identifiable natural person as "one who can be identified, directly or indirectly, in particular by reference to an identifier such as [...] an identification number.

My view is that I have a complaint reference number, which identifies a complaint raised by me about the administration of my pension so it therefore indirectly identifies me

If I'm right, then I believe that all the data related to my complaint is personal data about me, including the screen shot that purportedly establishes that I received my statements.

I was hoping there might be someone with better knowledge of GDPR that can clarify whether I'm right or wrong before I react to the FOS's failure to disclose

 

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there are no rules that dictate data sent between the FOS/3rd party, even if it contains your name/details, must be sent to you under an SAR.

ie say a deed of assignment, that's a private B2B document. 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I guess my understanding of what constitutes personal data is wrong then. Thanks, I'll think twice before I accuse them of breaching GDPR

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