How Long - SARNgreenspun.com : LUSENET : Repossession : One Thread
How long should you give a lender to respond to a SARN?
-- Gaz (email@example.com), July 28, 2003
The following extract comes from the Information Commission website http://www.dataprotection.gov.uk/ , go to "Guidance & other publications" then "Legal guidance" then "Your Rights" then "Your Rights and how to enforce them (DRAFT)".
How much time does a data controller who is not a credit reference agency have to respond to a subject access request?
The data controller is obliged to reply promptly and, in any event, within 40 days, provided that you have paid any necessary fee.
Where a data controller reasonably requires further information from a data subject to enable him to deal with a subject access request, provided that the data controller has advised the data subject accordingly, there is no obligation on the data controller to deal with the request until such information has been received.
The 40 day time limit is calculated from the day on which the data controller has both the required fee and the necessary information to confirm the identity of the data subject and to locate the data.
There are different periods for requests for copies of credit files (7 days) and for school pupil records (15 school days).
What can I do if the data controller does not comply with my subject access request?
If the data controller fails to respond to your request within 40 days, or fails to respond to your satisfaction, and you have sent all the information required to the data controller to enable him to deal with your request, including the fee, you should send the data controller a reminder by recorded delivery, keeping a copy of your letter.
If you still do not receive a reply fairly quickly or if you think that the information you receive is wrong or incomplete you may:
· ask the Commissioner to carry out an assessment as to whether it is likely or unlikely that the data controller is processing your personal data in compliance with the terms of the Act; · pursue the matter yourself through the court. For information as to how to do this refer to the Commissioner’s publication entitled “Taking a case to Court”.
An assessment will inform you as to whether the matters that concern you are likely to involve a breach of the Act and may help you in making a decision as to whether to take legal action against a data controller under the Act. However, an assessment from the Commissioner is not necessary to take a case to court.
Gaz, if you are not then happy with the assessment I understand you can then ask for a full review.
-- M Amos (firstname.lastname@example.org), July 28, 2003.
and wait two years for their verdict!
-- who (email@example.com), July 29, 2003.