Should a DPA SAR response include terms / agreements ?

[Roland]

Re: Should a DPA SAR response include terms / agreements ?

aft.

The Agreement/terms and condition matter regarding SAR's as said so many time many creditors decline to supply either the agreement i.e. the signature page and/or the T's & C;s.

Sorry just spotted this, are you saying that the signature page is not personal data, in other words that it will not contain data relevant to the data subject, even though it is signed by him?

[Berniethebolt]

Re: Should a DPA SAR response include terms / agreements ?

PT2537
Thanks for the reply, so if a S87 default notice is issued on a current account it has no adverse effects and is just another route to terminating the agreement and demanding repayment?

[nemesis45]

Re: Should a DPA SAR response include terms / agreements ?

Sorry just spotted this, are you saying that the signature page is not personal data, in other words that it will not contain data relevant to the data subject, even though it is signed by him?

No if you read carefully I stated what is happening out here where I deal with problems for others, creditors from most arms of consumer finance decline to supply agreements with a SAR and these days explain why they have declined, this has been the scenario for years past and continues today very simple really stating what actually does happen not would happen.

The ICO various " guidance" documents are peppered with, should. may etc.

nemesis45

[nemesis45]

Re: Should a DPA SAR response include terms / agreements ?

It may be data but is it personal?
The responsible " Data Controller" of a business entity is charged with making such decisions.

[Roland]

Re: Should a DPA SAR response include terms / agreements ?

There seems to be a number of my posts go ne missing, the points made on hese were that since 2005 the terms and conditions have been intrigal part of the agreement, unbroken. So the signature page and the ta and cs would have been on the same document, I asked if the creditor was to redact these and just leave the signatures in this case. , see why this should be deleted it is a valid point, after all if the t and cs are not personal data the data controller has no right to send them.
Please fee free to delete this also the thread is being screen shot for further reference

[Roland]

Re: Should a DPA SAR response include terms / agreements ?

It may be data but is it personal?
The responsible " Data Controller" of a business entity is charged with making such decisions.

so the data controller is free to decide what is and is not personal data, interesting view point, so the ICO has no say in the matter.

I guess we wast ourr time challenging the data with the ICO in any occaision then, it seems that the data controller is a law unto himself.

Dare soy this for you experience and ther is no authority, of course not, probably just something the ICO said to you over the phone.

[nemesis45]

Re: Should a DPA SAR response include terms / agreements ?

[QUOTE=Roland;566365]so the data controller is free to decide what is and is not personal data, interesting view point, so the ICO has no say in the matter.

I guess we wast ourr time challenging the data with the ICO in any occaision then, it seems that the data controller is a law unto himself.

It is not a case of the ICO not having " a say " the DPA 1998 it one of the most difficult pieces of legislation, those responsible within businesses have to assess from day to day what may or may not constitute personal data.
You interpretation is seriously blinkered the data controllers of businesses have the unenviable task of considering and making decisions and decision can be challenged by the data subject if he/she is dissatisfied.

I do talk to the ICO but any specific questions are made and answered in writing, just anyone can who wants to understand what really happens in matters of data control relating to how matters are addressed.

nemesis45.

[Berniethebolt]

Re: Should a DPA SAR response include terms / agreements ?

I am not taking sides on this but the ICO rules seem pretty clear to me
Anything that identifies the subject be that specifically ( so an agreement with a name and address on it) or by default e.g. a document with a reference number on it that can be cross matched with another file to identify the person are all classed as personal data .
I have not read anything that suggests anyone is telling lies , maybe some suggestions that they are unable to back up their claims but that has been made on both sides.

[Berniethebolt]

Re: Should a DPA SAR response include terms / agreements ?

P.S.
While I am convinced that the agreement should be included and it most cases the initial terms and conditions as they are usually linked to the agreement anyway , the varied terms are a different matter. I would think that a S77-79 request is a much better way to get all the terms/agreement and who knows, SAR the OC and get the original agreement and CCA the debt purchaser who is to say that they will match

[FlamingParrot]

Re: Should a DPA SAR response include terms / agreements ?

From experience the ICO isn't what you'd call a force to be reckoned with. I have submitted a few complaints to them and, after months of exchanging letters and emails, very little has come of them. Even when they upheld one of them, the data controller in question was still allowed to claim not to have received the SAR which was signed for and then they allegedly removed all my data from their systems in order to avoid providing me with a single item of data.

There are a lot of principles and theories it very little action with regards to that type of breach of the DPA. :mmph:

[nemesis45]

Re: Should a DPA SAR response include terms / agreements ?

P.S.
While I am convinced that the agreement should be included and it most cases the initial terms and conditions as they are usually linked to the agreement anyway , the varied terms are a different matter. I would think that a S77-79 request is a much better way to get all the terms/agreement and who knows, SAR the OC and get the original agreement and CCA the debt purchaser who is to say that they will match

Whilst you may be " convinced" on the inclusion of an agreement with a SAR is an obligation clearly many creditors think otherwise and the ICO does not seem to think this I a problem.
PS If I could be bothered I might post a copy of the ICO's letter(s).

[Berniethebolt]

Re: Should a DPA SAR response include terms / agreements ?

If you could be bothered?

If you don't mind me saying so that is a somewhat rude and dare I say arrogant response .

You might find this useful http://www.yourcoach.be/blog/wp-cont...nce-people.pdf