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Lenders may be hiding incriminating data for years 2006,2007,2008

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  • #16
    Re: Lenders may be hiding incriminating data for years 2006,2007,2008

    It is found in the Legal Guidance given by the ICO in the Fifth Principle of the DPA which has very close links to the Third & Fourth Principle
    "Personal data processed for any purpose or purposes shall not be kept longer than is necessary for that purpose or those purposes.
    It may well be necessary in some case to retain certain information to enable the data controller to defend legal claims, which may be made in the future, the personal data should be deleted when the possiblity of a claim no longer exists, i.e when the relevant stautory time limit has expired".
    The time limit is 6 years .........the length of time the CRA's are advised by the ICO that they keep records on credit files, after 6 years information should be deleted /erased/destroyed.

    The Statute of Limitations is the statutory time legal claims can be instigated.
    It actually mentions six years in said guidance.
    Medical and criminal records do not fall under the above conditions.
    If that helps.

    Sparkie

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    • #17
      Re: Lenders may be hiding incriminating data for years 2006,2007,2008

      Originally posted by Sparkie1723 View Post
      It is found in the Legal Guidance given by the ICO in the Fifth Principle of the DPA which has very close links to the Third & Fourth Principle
      "Personal data processed for any purpose or purposes shall not be kept longer than is necessary for that purpose or those purposes.
      It may well be necessary in some case to retain certain information to enable the data controller to defend legal claims, which may be made in the future, the personal data should be deleted when the possiblity of a claim no longer exists, i.e when the relevant stautory time limit has expired".
      The time limit is 6 years .........the length of time the CRA's are advised by the ICO that they keep records on credit files, after 6 years information should be deleted /erased/destroyed.

      The Statute of Limitations is the statutory time legal claims can be instigated.
      It actually mentions six years in said guidance.
      Medical and criminal records do not fall under the above conditions.
      If that helps.

      Sparkie
      I don't think that this is the minimum requirement Sparkie, it is a maximum.
      In other words it is there to say that this is the maximum the the information should be kept, not the minimum.
      The idea is to protect the data subject form having his data held indefinitely.

      If you are looking for legislation which states how long data should be held you need the money laundering regulations, I think i mentioned them earlier in this thread, they state that data has to be held for 5 years form the time it was last active.

      http://www.hmrc.gov.uk/mlr/your-role...bilities.htm#4

      Comment


      • #18
        Re: Lenders may be hiding incriminating data for years 2006,2007,2008

        I stand corrected I should have put the MAXIMUN of six years.....re the anti money laundering regs ....I believe that only applies to Financial records .....not a data subjects personal records data and information.
        Even that can be kept for longer....provided the data subject is made aware of that fact and given a darned good reason for it to be continued being held.
        My opinion of course.........based on my own experience with the ICO and CRA's and I have had a lot of that............I am at this moment in time having another BIG dispute with the CRA's ...in which I will getting the ICO invloved ...on the ICO's advice to make a formal complaint.
        Again relating to the incorrect data that B/Horse are supplying and the CRA's about M's Caravan agreement and case......CRA's are refusing to suppress it, even though their solicitors have agreed with pt it is incorrect.....but telling the CRA's its correct and not to alter.....change ammend.... suppress it... etc etc etc
        But that's another story.
        Sparkie

        Comment


        • #19
          Re: Lenders may be hiding incriminating data for years 2006,2007,2008

          The time limit of 6 years may not apply if you can PROVE concealment & many have & you will need the permission of the court to mount a claim

          Comment


          • #20
            Re: Lenders may be hiding incriminating data for years 2006,2007,2008

            The time limit of 6 years may not apply if you can PROVE concealment & many have but you will need the permission of the court to mount a claim http://www.thelawyer.com/lords-rulin.../93259.article

            Comment

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