Difference between revisions of "Data Protection Act - S10 Notice"
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The Bank has 21 days to respond. If they fail to do so you can apply for a Court Order requiring them to respond. If they respond with a justification, at least you can prove that they know that the amount is in dispute and secondly that you have made a realistic attempt to resolve the matter before litigation. | The Bank has 21 days to respond. If they fail to do so you can apply for a Court Order requiring them to respond. If they respond with a justification, at least you can prove that they know that the amount is in dispute and secondly that you have made a realistic attempt to resolve the matter before litigation. | ||
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<center> '''Notice pursuant to s.10 of The Data Protection Act 1998.'''</center> | <center> '''Notice pursuant to s.10 of The Data Protection Act 1998.'''</center> | ||
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==Related Articles== | ==Related Articles== | ||
Latest revision as of 14:11, 14 July 2007
S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties.
A Section 10 gives a powerful right to Data Subjects. If you have been defaulted because of a debt comprised wholly or mainly of penalty charges then this could provide a solution.
You are advised to discuss it thoroughly on the forum first.
Also, you should read the Data Protection Act FAQ and also ss.7-14 of the Data Protection Act itself before using this notice - not that it is especially problematic, only that you should understand what you are doing before embarking on any litigation oriented route.
If the bank challenges this notice, it is likely to be on the grounds that;
a) that you consented to the data processing
b) that the penalties are not unlawful
The Bank has 21 days to respond. If they fail to do so you can apply for a Court Order requiring them to respond. If they respond with a justification, at least you can prove that they know that the amount is in dispute and secondly that you have made a realistic attempt to resolve the matter before litigation.
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Related Articles
Civil Procedure Rules | Subject Access Request | Data Controller | Data Subject
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