no response to DPA requestgreenspun.com : LUSENET : Repossession : One Thread
On 21 August 2000, we served a Subject Access Notice on both the lenders and the dreaded Eversheds. Lenders (Birmingham Midshires) responded, but Eversheds have totally ignored request. Now (30th September) forty days have passed. What do we do now?
-- (email@example.com), September 30, 2000
Below is an extract from the "Your Rights" section of the Data Protection Commissioner's Homepage: www.dataprotection.gov.uk
"Does a data controller always have to reply?
Yes, they have to reply. If you do not receive a reply to your request within 40 days, send the organisation a reminder by recorded delivery (remember to always keep a copy). If you still don't receive a reply fairly quickly or if the information you receive is wrong or incomplete, contact our information line. The Commissioner can help make sure that you get a reply and if one of the principles has been broken, she can take enforcement action against the data controller."
I hope this helps in some way.
Incidentally with effect from 19th April 1999, Birmingham Midshires became a division of HALIFAX PLC so their Data Protection Register entries now apply to you.
It may interest you to know that within the "Your Rights" section it states "You can see the register at the Commissioner's office and it is available on the Internet" www.dataprotection.gov.uk
It's also stated that the register "includes broad details of the data they process in terms of type, purpose, the people that they may want to give the information to, and whether they may be transferred to any countries or territories outside the European Economic Area."
I invite you to check each of the 7 registrations for the Halifax PLC in detail, (Type 'Halifax PLC' in the search box on the Register Site) and make your own judgement about the data that can be held. Especially bearing in mind the Human Rights Act and the eight principles of 'good information handling' as stated in the "Your Rights section.
The above process can be applied to check any lender's entry.
Bear in mind that you must not make a copy of any entry in the Data Protection Register as it is stated on the site that no part of the register may be copied unless allowed under the Copyright Designs and Patent Act 1988 or with the permission of the Commissioner.
I guess this also means that you will have to clear the cache on your web browser after viewing the entry to ensure that no copy remains on your PC.
-- Tony Hayter (Tony@Hayter.com), October 01, 2000.
I served Subject Access Rights notices on both Abbey National and Eversheds. Both of them, shall we say, gave me little difficulty. Send Recorded Delivery notices and stick to your guns. Complain to the Data Protection Commisioner: perhaps if enough complaints are received they may just take seriously the poor performance of Eversheds on this issue. Good luck, Eleanor.
-- Eleanor Scott (firstname.lastname@example.org), October 03, 2000.