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Response to re 6ft goons

from Eleanor Scott (eleanor.scott@btinternet.com)
If I have read this right, the lender has tried to limit your rights to access your personal data, which is probably (in my opinion) an infringement of the Data Protection Act. I would complain to the Data Protection Commissioner (details below) as an Assessment in your favour can only strengthen your position; this is because lenders who are uncooperative do not want unhelpful behaviour to be revealed in court because this may cost them money, and money is what it is all about for them.

If I were you, I would send in my £10 (you do not need to send any more), as a postal order, and word your accompanying letter such that you clearly ask for *ALL* the data held on you. I might say: 'Please provide all the data you hold on me in every category, in all forms covered by the terms of Act, such as files, letters, word processed documents, accounts, spreadsheets, databases, internal emails, external emails, CCTV [thank you Mark Thomas!], notes, memos, reports, and any other document and data source in your systems.' You could also ask them to consider supplying material held in manual filing systems, as they'll have to supply it from October 2001 anyway once the transitional DPA arrangements are finished.

The lender is obliged to provide the data in an intelligible form, e.g. explain all codes and abbreviations. Complain if they don't (and ask for an Assessment). Complain if they try to overcharge you (and ask for an Assessment).

The lender must provide the data within 40 days of receiving your request and your fee. Head the request 'Serving a Subject Access Rights Notice'. Give all your addresses for the period in question (give at least six years' worth).

The DPC - you need to ask specifically for an 'Assessment'. The e-mail address for first contact is: mail@dataprotection.gov.uk

all best.

(posted 8500 days ago)

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