The HALIFAX - DPA Subject Access Rights

greenspun.com : LUSENET : Repossession : One Thread

I firmly believe that the Halifax Plc have not fully addressed the twenty-five allegations of negligence I have made against them regarding the Possession, Valuation and Marketing of my property. Negligence, which I am convinced, resulted in a sale price way below what could have been expected had the negligence not occurred.

I have just recently served a DPA Subject Access Rights Notice on the Halifax. Having seen examples of what is usually produced by a Subject Access Rights Notice, I am now concerned that it is quite possible that I may not in fact see all the data that is held regarding myself. I'll explain why below:

I have visited the Data Protection Commissioner's web site at:

http://www.dataprotection.gov.uk/

In the "Your Rights" section under "Guidance & other publications" it is stated that:

"You can see the (Data Protection) register at the Commissioner's office and it is available on the Internet www.dataprotection.gov.uk You can get copies of individual register entries by contacting our information line. A register entry only shows what a data controller has told the Commissioner is the type of data being processed. It doesn't name the people they hold information about."

Naturally I exercised my rights and went to the to the web site to examine the Halifax PLC's entries in the register.

I found that over thirty "Data Classes" some of which are of a very subjective nature (and of possible questionable relevance) are registered as being able to be recorded for the activities likey to be related to the repossession process. The sources that this data can be obtained from and those it can be disclosed to, can be counted in dozens. (I have not listed any of these classes due to the copyright notice mentioned below)

Other lender's register entries seem to be of a very similar nature.

I noted that I (The Subject) was entitled to see what is recorded regarding me within these data classes, who provided the information and who it has been disclosed to.

I realised then that the form of request I made within my SAR notice to the Halifax does not implicitly state that I should be provided with the data held in these classes or the source and disclosure.

Therefore I have now written to the Data Protection Commissioner to request permission to copy the relevant lists of data classes from the Halifax PLC register into any future DPA Subject Access Rights notice I may serve so each class can be itemised and as a result full disclosure to me is obtained.

The reason I have asked for permission is that the following is displayed on the DPR site: "Copyright subsists in the copy and is owned by the Commissioner. Data controllers may take copies of their own register entries for their own internal use only. Apart from 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 will publish the Data Protection Commissioner's reply on this web site when I receive it as I believe this may help other Mortgage Shortfall victims in their fight for justice.

Regards,

-- Tony Hayter (Tony@Hayter.com), October 06, 2000


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