Data Protection request - bank ignorning ICO

[Dannybright]

Barclays have now been told by the ICO four times to fulfill a DSAR request I made to them four months ago. They continue to refuse.

How can I make a request to a Judge to have them carry out their statutory obligations?

[Dannybright]

Bump.

[echat11]

When you say they continue to refuse, what are their 'grounds' for refusal?

[Dannybright]

Duplicate post sorry.

[Dannybright]

When you say they continue to refuse, what are their 'grounds' for refusal?

That they have already fulfilled the request. The USB does not open or contain any files, and I sent them proof of this (screengrabs) - and also to the ICO. The ICO have twice told them to resend this USB, and they have ignored the requests, as well as further emails from myself, for a month.

[echat11]

Write a Formal Letter of Complaint, explain what's happened, that you've requested information under a Subject Access Request and Barclays has failed to provide the requested information that you are entitled to under the Data Protection Act 1998. That if the requested information isn't provided within the next 14 days, you will consider taking further action against Barclays which may include legal action.

Email it to:

Barclays
Mr C. S. Venkatakrishnan
Group Chief Executive
cs.venkatakrishnan@barclays.com

[Dannybright]

Write a Formal Letter of Complaint, explain what's happened, that you've requested information under a Subject Access Request and Barclays has failed to provide the requested information that you are entitled to under the Data Protection Act 1998. That if the requested information isn't provided within the next 14 days, you will consider taking further action against Barclays which may include legal action.

Email it to:

Barclays
Mr C. S. Venkatakrishnan
Group Chief Executive
cs.venkatakrishnan@barclays.com

Oh, I didn't explain - Barclays are refusing because the DSAR contains things that are the subject of current litigation - a member of staff read someone else's customer details out to me on the phone, and now they're basically trying to avoid sending me the call recording.

The case has a hearing date set for next month. I have already asked for one stay and change of dates for witness statements and exhibits, due to not having this DSAR.

So this time, instead of asking for a further stay, I wish to ask the Judge to order Barclays to do what they have been told to do twice by the ICO.

[atticus]

Who is your litigation against?

[echat11]

Oh, I didn't explain - Barclays are refusing because the DSAR contains things that are the subject of current litigation - a member of staff read someone else's customer details out to me on the phone, and now they're basically trying to avoid sending me the call recording.

The case has a hearing date set for next month. I have already asked for one stay and change of dates for witness statements and exhibits, due to not having this DSAR.

So this time, instead of asking for a further stay, I wish to ask the Judge to order Barclays to do what they have been told to do twice by the ICO.

In that case, as there is ongoing litigation, you write to the Court asking if the Judge can make an Order for Barclays to provide a copy of the Recording, but I fear you have to make a Formal Application and pay the fee for the Application.