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MIG data and the DPA

from Melody (mbc109@york.ac.uk)
Further to earlier postings, here is the text of a letter received from the IC yesterday regarding whether or not borrowers are entitled to see MIG policy data.

Thank you for your letter of - January 2002, in which you alleged that certain information, about your Mortgage Indemnity Guarantee, was excluded from the material you received from Citibank International Plc in response to your subject access request.

As you may be aware, the Data Protection Act 1998 only applies in terms of personal data, which is defined as follows:

"Personal data means data which relate to a living individual who can be identified- (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of the data controller or any other person in respect of the individual."

I have reviewed the home repossession website and teh discussion referred to in your letter and would like to make it clear that teh Act only allows data subjects to obtain copies of documents which are held as personal data about them. This means that if your Mortgage Indemnity Guarantee is held by reference to the mortgaged property, we cannot compel Citibank International Plc to release it to you.

In view of this, I will now write to Citibank to ascertain how your MIG is stored and why they refused to supply it to you."

My notes for what they're worth: despite the IC's claim that if MIG data is stored by ref to the property, not to the individual, then the borrower is not entitled to see it, surely section (b) of the quote given means it IS in fact personal data, as they can obviously cross-reference the property data with the individual data?

Comments please?

(posted 8107 days ago)

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