Breach Of Data Protection Act?

[townend81]

The B.O.S have lost information on three accounts i am trying to pursue statements for. All are less than 6 years old. Two went to a debt collectors and one was closed by myself. According to the gentleman on the phonen no record is held on their 'systems' due to the merger a while back. A S.A.R has been sent for all three and the 40 day limit has been breached on all three. Is this a breach of the Data Protection Act? And will a complaint to the ICO help retrieve this information?

[Enron]

Hi, have you kept copies of letters to the BOS? And can you find out the name of the BOS data controller.

 

I would suggest using the following Information Commissioners Office complaint forms:

 

http://www.consumeractiongroup.co.uk/forum/general/56482-having-problems-getting-your.html

 

It might also be worth contacting them to state that even under a merger customer documents of both companies should be kept for a period of 6 years by law.

 

In a recent case a bank was taken to court for none compliance of a Subject Access Request, the judge stated that if he had the name of the data controller he would have been imprisoned.... maybe someone can remind me which bank this was - i'm thinking Barclays but thats from memory.

 

Best to put a post in the BOS section to see if any other people have sufferred problems in getting copies of their statements.

[townend81]

Thanks Enron.

 

All letters have been kept. I thought about posting in BOS but as it was a general query as to whether this would fall under the category of a breach of the DPA i thought it would be better suited in here for now. I will now find the Data controllers name and pursue this further. I think i'll compose a letter stating that this is a breach and if the situation isn't rectified within 7 days a complaint will be made without further delay. Do you think this is long enough for a reply.

 

I am rather surprised as in a previous claim by myself the statements arrived within 20 days.

 

Thanks

[Glenn UK]

It might also be worth contacting them to state that even under a merger customer documents of both companies should be kept for a period of 6 years by law.

 

 

 

Do you have a legal reference for this please, ive been looking for along time and no one has been able to provide anything which can be substantiated?

 

Glenn

[Enron]

Not sure where you'd find it, you might have to ask one of the mods maybe BF could point you in the right direction.

 

The reason I say this is because as a self employed person I have to keep copies of my accounts for 6 years - as such I believe that by law the banks have to keep your details for this period as well.

[Glenn UK]

Enron

 

Thanks for that, the IR told me they have chaged to a three year retention period but couldnt quote any legislation, Ill keep looking and asking.

 

Thanks

 

Glenn

[Enron]

A quick search on Google and i`ve found what your looking for:

 

CIPD - Retention of personnel and other related records

[JonCris]

Enron

 

The site you have posted is merely one that makes reference to industry practice which it is being argued has no basis in law

 

There is nothing in the Data Protection Act which states they are only required to hold data for 6 years. In fact most hold data going back decades which they are required to supply if requested.

 

The reason why data is removed from the CRA's records by the money lenders after 6 years is because of the limitations act meaning that such liabilities are non-recoverable unless acknowledged by the debtor

 

Glenn the IR have just been hit with a huge claim going back beyond 6 years & the government have moved the goalposts in the case of the IR in the hope that no more such claims can succeed. However that is open to challenge as there is no transition period