Subject Access Rights on Halifaxgreenspun.com : LUSENET : Repossession : One Thread
Received a reply from Halifax saying that if I want SAR then I have to fill in their form. Have any others on this board come across this - is there anything I need to look out for?
-- (_Believer14@excite.co.uk), February 18, 2001
That's illegal; you may wish to re-read the section which deals with SAR's...they have no choice but to provide you with the info if served.
-- Too scared to say (firstname.lastname@example.org), February 18, 2001.
I take it that this is the "Tick the box" form that they have sent you? I am currently in communication with the DPC regarding my formal complaint against the Halifax's use of this form. In fact I have today supplied the DPC with the facts from someone who believes that they were actually deceived by the form into limiting their rights under the Data Protection Act.
Let's face it, the Act states that all you have to do is request in writing all the data they hold on you. That IS sufficient and the Halifax should by law simply comply with that request. Whose benefit is the form for? The DPC's office in a recent letter to me have stated for guidance in this matter that: "If you wish to receive ALL personal data the Halifax hold on you simply state so on their request form." I would therefore suggest that you take the DPC's advice in this respect, just write that on the form.
To read more about the form and it's use, read my earlier posting on the subject: "The HALIFAX - Do you believe you have been deceived?"
I believe from your reaction to the receipt of the Halifax's form that it only serves to further confirm my belief of it's real intended purpose.
-- Tony Hayter (Tony@Hayter.com), February 18, 2001.
Absolutely. Tell the lender you want *all* the data from *all* its categories from *all* its departments and systems (including emails). Don't let your rights be restricted!
-- Eleanor Scott (email@example.com), February 19, 2001.
Follow Tony's advice. Ask for Everything you are entitled to under the DPA. Also write a letter of complaint about this form (enclosing a copy) to the Information Commissioner (formerly the Data Protection Commissioner). I know that Tony has from his previous posts and I have. The more attention that we can draw to this form at the IC's office the better for everyone. I would also complain and ask for *assessment* on the fact that they are trying to deny your legal rights by having you provide personal information to which they are not entitled (supply copies of I&E and their letter). This should prove to be a big blunder on their part.
-- Tim Heath (firstname.lastname@example.org), February 19, 2001.
The Information Commissioner (new name for the Data Protection Commissioner from Feb 1 2001) does actually recommend in its Guidance (on their website) that organisations get data subjects to complete a form to list the types of data they are seeking (to make it easier to find the data rather than to deliberately fail to supply it), to identify addresses the subject has lived at so no data at previous addresses is left out, and to identify the individual. Until proper identification is obtained, there is no obligation under the 1998 Act to provide any data at all!!! Subjects can be asked for up to 4 proofs of identity, covering their name and address. The time limit to respond starts from the date the identity is verified.
This requirement was introdued because criminals were using SARs to get information on ordinary people and using it to take out finance by impersonating them, and to make false claims to the DSS for benefits.
-- James (email@example.com), February 24, 2001.
The lenders will have already satisfied themselves about the identities of ex borrowers when they begin the 'shortfall chase'. In fact, you can usually see how this was done from the material provided after serving a SARN!
-- Eleanor Scott (firstname.lastname@example.org), February 28, 2001.