Difference between revisions of "Data Protection Act: Non-Compliance"
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If your information arrives with parts missing - and no indication that further information will follow: | If your information arrives with parts missing - and no indication that further information will follow: | ||
− | BEFORE THE 40 DAYS HAS ENDED: Send | + | BEFORE THE 40 DAYS HAS ENDED: Send <span style="color:red">Template 1 </SPAN> Below. |
ON OR AFTER THE 40 DAYS: Send <span style="color:red"> Template 2 </SPAN>Below. | ON OR AFTER THE 40 DAYS: Send <span style="color:red"> Template 2 </SPAN>Below. | ||
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I would add that a District Judge tends to be very hard on a party to an action, when they have been deliberately obstructive. | I would add that a District Judge tends to be very hard on a party to an action, when they have been deliberately obstructive. | ||
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== Non-Compliance Letters == | == Non-Compliance Letters == | ||
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Send this template if the 40 days has not yet expired. After you have sent it, if the 40 days then expires without the extra information appearing, send TEMPLATE 2 giving them a final 7 days to comply. | Send this template if the 40 days has not yet expired. After you have sent it, if the 40 days then expires without the extra information appearing, send TEMPLATE 2 giving them a final 7 days to comply. | ||
− | ---- | + | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" |
− | + | |----- | |
− | + | | | |
− | + | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | |
LETTER BEFORE ACTION | LETTER BEFORE ACTION | ||
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Account: xxxxxxxx | Account: xxxxxxxx | ||
− | I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated <span style="color:red">(Insert Date). </SPAN> | + | I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated The disclosure of personal data is incomplete in that at least the following documents <span style="color:red">(Insert Date). </SPAN>are missing. |
<span style="color:red">(Adapt this next section to your situation) </SPAN> | <span style="color:red">(Adapt this next section to your situation) </SPAN> | ||
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[name] | [name] | ||
− | + | </div></blockquote> | |
+ | |} | ||
+ | |||
+ | |||
===TEMPLATE 2=== | ===TEMPLATE 2=== | ||
Send if the 40 days has expired. | Send if the 40 days has expired. | ||
− | ---- | + | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" |
− | + | |----- | |
− | + | | | |
+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
LETTER BEFORE ACTION | LETTER BEFORE ACTION | ||
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Account: xxxxxxxx | Account: xxxxxxxx | ||
− | I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing. | + | I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated <span style="color:red">(Insert Date). </SPAN> The disclosure of personal data is incomplete in that at least the following documents are missing. |
+ | |||
+ | <span style="color:red">(Adapt this next section to your situation) </SPAN> | ||
+ | |||
+ | <span style="color:blue">1) You have failed to provide a complete list of transactions and charges. </SPAN> <span style="color:red">(Add details of missing period - or a transaction that you know about which is not included)</SPAN> | ||
− | + | <span style="color:blue">2) You have provided no notes, or documents relating to any legal action between you and myself. </SPAN> | |
− | + | <span style="color:blue">3) You have provided no notes, or documents relating to instances of manual intervention.</SPAN> | |
− | |||
− | 3) You have provided no notes, or documents relating to instances of manual intervention. | ||
This is not an exhaustive list by any means, it is just an example of some of the information I am missing. | This is not an exhaustive list by any means, it is just an example of some of the information I am missing. | ||
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[name] | [name] | ||
− | + | </div></blockquote> | |
+ | |} | ||
===TEMPLATE LETTER 3=== | ===TEMPLATE LETTER 3=== | ||
− | ---- | + | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" |
− | + | |----- | |
− | + | | | |
+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
LETTER BEFORE ACTION | LETTER BEFORE ACTION | ||
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Account: xxxxxxxx | Account: xxxxxxxx | ||
− | You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date). | + | You have failed to comply with my Data Protection Act Subject Access Request dated <span style="color:red">(Insert Date). </SPAN> |
If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. | If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. | ||
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Yours faithfully | Yours faithfully | ||
− | + | </div></blockquote> | |
+ | |} | ||
+ | |||
+ | |||
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The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track. | The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track. | ||
− | ---- | + | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" |
− | + | |----- | |
− | + | | | |
− | + | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | |
− | + | BRIEF DETAILS OF CLAIM | |
(On Front of N1) | (On Front of N1) | ||
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− | + | PARTICULARS OF CLAIM | |
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[name] | [name] | ||
+ | </div></blockquote> | ||
+ | |} | ||
+ | |||
+ | |||
− | |||
[[Category:Bank_Charges]] | [[Category:Bank_Charges]] | ||
[[Category:Legal_Information]] | [[Category:Legal_Information]] |
Latest revision as of 16:09, 30 December 2008
Contents
Data Protection Act - Non-Compliance - Template Letters and Particulars of Claim
It is becoming clear that the office of the Information Commissioner is becoming snowed under with complaints. This means that delays caused by the bank in not complying, are being compounded by delays in follow-up action from the Information Commissioners Office.
Feedback also suggests that the Information Commissioners Office are choosing to write to the bank requesting they comply, rather than taking proper enforcement action to get rid of the problem once and for all.
By all means you can take the Information Commissioner route if you wish, however if you want to adopt a much more aggressive approach, then read on.
I would add that should you be in a position to send an estimate Request for Refund, then there is no reason why you cannot start that process at the same time. If you find later that you should have claimed more - then simply commence a second action against the bank when the first one is settled.
Data Protection Act Non-Compliance - Suggested Procedure:
Assuming that the Data Protection Act information request was lodged correctly (template letter, confirmed delivery, fee paid if necessary, identification verified if necessary), and the bank have either failed to respond, or only sent partial information, the following process should be adopted:
Scenario 1)
If your information arrives with parts missing - and no indication that further information will follow:
BEFORE THE 40 DAYS HAS ENDED: Send Template 1 Below.
ON OR AFTER THE 40 DAYS: Send Template 2 Below.
If you have sent Template 1 letter, and the missing information does not arrive within the 40 day deadline: Send Template 2 Below.
Scenario 2)
If the 40 days has expired and no information has arrived:
Send Template 3 Below.
If after following scenarios 1 or 2, the matter is not resolved:
Commence a county court claim in the same way as you would for money - however, in the particulars of claim you need to specify that you require the bank to provide the information as outlined in the original Data Protection Act request.
You will find a suggested text for the Particulars of Claim below
It would seem likely that they will defend the action, but as with the claims for refunds it will probably not be worth their while going to court, and it should open the way for a dialogue.
Should they try to defend, or allow judgement to be entered by default, it could have far reaching consequences - since it would put them in danger of having to reveal information that they have hitherto wanted to keep well concealed. It would also make it very difficult for the various regulatory authorities to allow the banks to keep stonewalling claims.
I would add that a District Judge tends to be very hard on a party to an action, when they have been deliberately obstructive.
Non-Compliance Letters
TEMPLATE 1
Send this template if the 40 days has not yet expired. After you have sent it, if the 40 days then expires without the extra information appearing, send TEMPLATE 2 giving them a final 7 days to comply.
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TEMPLATE 2
Send if the 40 days has expired.
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TEMPLATE LETTER 3
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Pariculars of Claim (Non-Compliance)
Text in red should be amended/deleted as appropriate.
NB: Please note that some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".
The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.
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