My interpretation:

[Movingon]

It seems the Halifax are claiming that they have no statutory obligation to record details of manual intervention; however we all know that they have notes on the account etc.

 

I have added the following to a number of threads here as I think it's relevant:

 

By the way; the following passage from the DPA should be informative regarding their refusal to disclose manual intervention data:

 

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

 

© to have communicated to him in an intelligible form-

 

(i) the information constituting any personal data of which that individual is the data subject, and

 

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

So - basically if they are making decisions significantly affecting you, then they ARE REQUIRED to produce evidence of their logic for each and every decision. i.e. they must provide you with details of every manual intervention.

[alanfromderby]

I think there are two seperate issues here.

 

Section 7(1)© means they have to provide the actual data, and this would include the relevant notes etc.

 

Section 7(1)(d) specifically mentions an automatic decision making process - and makes a requirement that the data controller supplies an explanation of how a particular decision was made - and the logic behind that decision.

 

My opinion is that the term "automatic" specifically rules out manual intervention in 7(1)(d). However, notes on manual intervention would be ruled in by 7(1)© providing it was kept in a "relevant filing system".

[caro]

So if I have only received statements am I wrong to assume that either there was no manual intervention (even though this was not confirmed) or they haven't read the letter properly. I just felt that their lack of full compliance strengthened my case if I need to make a claim. Not too technical answers if poss please.

[alanfromderby]

The fact that you asked the question would make it difficult for the bank to then rely on that as its defence. If they can't/wont give you the evidence, then it would not look good if they were then to suddenly find/produce it.

[Movingon]

This topic was closed on 10 March 2019.

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