Response to SARN and "Relevant Filing System"

There was a in the Edmonton County Court in Oct 2002 concerning the failure to provide personal data as part of a SARN because of "Relevant Filing System Considerations" ; "MJ Durant vs FSA", case ED201093, before Judge Zeidman.

The claimant made an appeal against the order of a District Court Judge, refusing to order disclosure by the FSA of the file dealing with the problem Mr Durant had with Barclays Bank.

I also have an extract of an excellent article from December 2000 which discusses the "Relevant Filing Systems" DPA issue.

It's quite a complicated and long case report, if you want a copy then send me your fax number. Or, I can scan it up, and I'll send to you if you have a fast Internet link. I think the case addresses your questions on this aspect of the DPA.

I personally consider this part of the UK DPA to be total nonsense. Before long all data controllers will no doubt all be citing "Relevant Filing Systems", as a means to not provide any personal data to data subjects in response to SARN's. I understand that only the UK has this "let out" clause in it's DPA laws, other countries in the EU do not, and when you issue a SARN in Holland for instance you simply get everything.

I wonder which DPA applies if you pop over to Holland and send a SARN to a bank in the UK? How much does a SARN request cost on Holland, and do you have to send them Euros, UK pounds, or Dutch funds?

I'd also mention that my husband and I were not provided with a copy of a key letter issued by a director of Abbey National to the IC in December 2000, in response to SARN's served against Abbey National, and in a SARN served against the IC. The Abbey National December 2000 directors letter contained handwritten comments by the Abbey National director, or his staff, instructing the IC not to provide parts of the letter to us in SARN's. The handwritten comment is dated the same day as the letter was issued.

"In My Opinion"; The IC subsequently obeyed the instructions of their masters at Abbey National by not providing us with copies of the Abbey National directors letter in our SARN against the data controller of the IC, and thus the IC itself illegally violated our DPA rights on the instructions of Abbey National.

(My husband only obtained a copy of the December 2000 Abbey National directors letter to the IC, together with the handwritten comments, as part of full disclosure in his High Court claim against Abbey National for violations of the Data Protection Act. The use of this document in his High Court Judicial Review claim against the Information Commissioner was ordered by the High Court, and the document became fully Public Domain when it was used in the Judicial Review hearing against the Information Commissioner in the High Court.)

My husband has submitted an assessment request to the IC; to investigate the data controller at the IC, for breaching the Principles of the Data Protection Act by not providing us with all personal data on the instructions of Abbey National (to protect the interests of Abbey National?). My husband has requested that this assessment request under the Data Protection Act is conducted by another Information Commissioners office in the EU.

A complaint has been submitted to the Parliamentary Ombudsman; concerning this breach, and failure, of Section 51 of the Data Protection Act by the Information Commissioner.

regards, JKJ

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