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Response to SARn served on National Home Loans

from E Scott (eleanor.scott@btinternet.com)
Yes indeedy, very interesting. Let's look at that section of the DPA again: "(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks." Well, where does it say that the data subject has to *sign* anything? It doesn't. It's a question of interpretation - much of law in England and Wales in interpreted on the basis of what is "reasonable" - so,IMHO, if the person making the subject access request is able to send xerox ID of, say, two utility bills, then that is entirely reasonable proof and why the need to get you to sign a separate document?

Clearly you can't have a situation where someone could, say, pretend- SARN a major bank and ask for someone else's details to be sent to them. But neither should a lender make a data subject jump through completely unnecessary hoops. If it were me, I'd send reasonable xerox ID (*not* bank-related)and if the lender doesn't comply, ask the Information Commissioner for an assessment and a formal investigation (you might not get the latter but you'll get the former!).

Don't let the lender mess you about over your subject access rights.

(posted 8245 days ago)

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