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Have we got them for breach of Data Protection?


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I have been studying the terms and conditions fine print of the Natwest credit card. Section 11 explains what they will or will not do with personal data they acquire. Relevant sections are:

 

1. We may use and share your information with other members of the group to help us and them 'recover debt'

 

2. We do not disclose your information to anyone outside the group except a) to other companies who provide a service to us b) where we may transfer rights and obligations under this agreement.

 

3. We may transfer your information to other countries. If we do this we will ensure that anyone to whom we pass it provides an adequate level of protection.

 

Now it seems there are several issues here.

 

Where does a DCA fit in this mix if they are acting as agents? Are they 2(a) above?

 

When a debt is assigned presumably that comes under 2(b)

 

If they pass the information to another country how do they prove they meet 3 above?

 

If they assign a debt to Arrow Global, can Arrow pass it to another organisation they might use as their own DCA?

 

But I still feel that there are still some fundamental breaches of the Act where information is passed without consent.

 

In a wonderful world it would be fun to get the Commissioner for Data Protection to invetsiagte this whole issue - but then he/she is probably more likely to ignore this arguing that a debt is a debt and its not the role of the Act to protect creditors from debt collection procedures!

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My interpretation is that a bank with whom you have an agreement may pass your data to a client for legitimate business purposes such as debt collection.

 

But unless you give that DCA your express consent, they have no right to pass your data to a third company, including credit reference agencies.

 

Just my opinion.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Hi djdave. I take your point but was trying to look into the detail of the agreement and its relationship with the Data Protection Act. I am fairly sure the Act lays down very specific rules, key to them all being the misuse of peoples personal information. Unless someone specifically agrees to have their information circulated then it is not allowed.

 

Just saying we are collecting a debt so will pass your information to anyone we chose does not I think comply with the law

 

But hopefully one of the experts on here can clarify further.

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  • 8 months later...

imo ive argued about this for years,i do not think it is right even had arguements with TS AND ICO but they think it is acceptable ,where as i feel it is an unfair contract with these clauses built into it i maintain it should be a seperate contract and should be sent seperately ,so if you do not wish for your information to be shared with anyone then you dont sign the seperate contract,why on earth should we be forced to accept this as part of terms and conditions against our will,not forgetting it is on every contract or application,i beleive it should not be their,easy to say then tick the box you dont want to share this data,easy enough to say but doing this may harm your chance of loan etc,i think with the DPA it is fundementally flawed because the TS/ICO/FOS/FSA will not act against it maybe for political reasons who knows

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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six months out of date lol

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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