Clydesdale Bank **SETTLED**

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If you decide to bring an action under section 7 DPA, it is in your own interests to include in your application a request that the court inspects the bank's data per section 15.2 DPA 1998

 

15(2) For the purpose of determining any question whether an applicant under subsection (9) of section 7 is entitled to the information which he seeks (including any question whether any relevant data are exempt from that section by virtue of Part IV) a court may require the information constituting any data processed by or on behalf of the data controller and any information as to the logic involved in any decision-taking as mentioned in section 7(1)(d) to be made available for its own inspection but shall not, pending the determination of that question in the applicant's favour, require the information sought by the applicant to be disclosed to him or his representatives whether by discovery (or, in Scotland, recovery) or otherwise.

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Are Clydesdale claiming that pre July 2005 statement information is only held on paper copies in unstructured manual files ?

In my case whenever Yorkshire Bank changed it's systems, closing entries on their old systems always read-

FILE CONVERTED, PLEASE USE DATABASE REF XXXXXXX

Whilst the DPA does not govern the manner in which data should be filed/stored,a data controller is not expected to change his systems to prevent data from being caught by the Act.