Data Protection doesn't exist

[debtisbad]

Re: Data Protection doesn't exist

MMmmmm....why is it always that the customer has to "prove" everything when the banks don't have to? The banks, as clearly evidenced on here, can write anything they want onto your credit reference file, without submitting any documentary evidence, even if the information is false, but WE have to move heaven and earth to prove otherwise.

In simple terms, should not a regulatory body be impartial i.e. treat each party equally.

Could there be an underlying reason that they favour the financial institutions over the customers?

Is there perhaps something that we are all missing?

[righty]

Re: Data Protection doesn't exist

Perseverance is clearly a MAJOR factor in achieving positive results with the ICO and the FOS.

Yes, they do encourage consumers to give up and go away. The ICO is worse than the FOS in this regard.

Yes & in the meantime your life goes to hell in a hang-basket because yu have false or innacurate data on your credit file & gawd knows where else

[debtisbad]

Re: Data Protection doesn't exist

Thank you righty. At last, you are somebody who understands what we are on about here. It's about false information that is incredibly difficult to challenge! Well said!

[Angry Cat]

Re: Data Protection doesn't exist

Thank you righty. At last, you are somebody who understands what we are on about here. It's about false information that is incredibly difficult to challenge! Well said!

Actually debtisbad, we ALL understand:cancan:

If, the data being processed is inaccurate that would be a breach of the fourth principle of the DPA!

[The Debt Star]

Re: Data Protection doesn't exist

Actually debtisbad, we ALL understand

ABSOLUTELY AC. I'm none too clear how any of the above posts could be interpreted otherwise. Is the fact that we are compelled to persevere and are forced to understand the DPA some sort of admission that the system is any good, fair, just, or working properly? No, it isn't.

[righty]

Re: Data Protection doesn't exist

Actually debtisbad, we ALL understand:cancan:

If, the data being processed is inaccurate that would be a breach of the fourth principle of the DPA!

Agreed but the solution is NOT to keep asking the chocolate teapot regulators who either do nothing at worst or at best take forever its to take the buggers to court as soon as they refuse to remove it
------------------------------- merged -------------------------------
The day WILL arrive when the ICO will find themselves in court for failing to implement the DPA to the benefit of the data subjects & has instead implemented it primarly to the benefit of the controllers AND the reason is that the UK intends to become the data controller of the worlds inormation

[Angry Cat]

Re: Data Protection doesn't exist

I do not disagree, righty!

But, many who log complaints with the ICO, do so with no idea or, know little about the ICO's remit, which is The Data Protection Act 1998.

Yes, the CCA does cross over "the DPA Act" but they are two separate SI's.

IMHO, for far too long people have studied the CCA and not sufficiently, the DPA!

[Mac99]

Re: Data Protection doesn't exist

Is there anything similar to section 77 of the Freedom of Information Act in the Data Protection act?

"Under section 77 of the FOIA it is an offence for anyone to alter, deface, block, erase, destroy or conceal any information held by the public authority with the intention of preventing the disclosure of that information, where the authority has received a request for this information, and the applicant would have been entitled to be provided with that information under the Act. ""


Regards
Mac

[elbmek]

Re: Data Protection doesn't exist

We are all being discussed by computers all over the world. Even our locations and movements are recorded through a computer, somewhere, which passes it onwards. I have spoken to such simple things like a company selling such non secret items such as shoes. I give them my postcode and they TELL ME who I am and where I live, even down to a phone number which is allegedly ex dir. However, at least THAT is protected somewhat, I have been in the telephone preference system for a long long time and all 'spam calls' have dried up. I got one, a long time back, and I asked them if they had neard of this system, yes they had, good I said, I am in it 'click' ..............

[leclerc]

Re: Data Protection doesn't exist

I was looking into how long information should be retained and the definition of "reasonable"
"Thank you for your correspondence dated 23rd December, regarding the retention of personal data.

As you may be aware, the fifth principle of the Data Protection Act 1998 (DPA) states that: ‘Personal data kept for any purpose(s) shall not be kept longer than is necessary for that purpose(s)’.

The Commissioner is often asked to give further guidance on this principle and in particular is asked for specific retention times for particular types of information.

It would be impractical for the DPA to be able to give specific retention periods for every type of organisation that must comply with the Act, it is up to the data controllers themselves to formulate their own retention policies as they alone are best placed to judge how long it is 'necessary' for them to hold information.

Therefore the fifth principle means in practice that once it is no longer necessary for a data controller to retain data collected for a particular purpose, they should take the appropriate steps to dispose of it.

The DPA does not define how long is ‘necessary’. However the fifth principle implies that only in exceptional circumstances should data be kept indefinitely. In order to comply with the principle, the Data Controller should have a system for the removal of different categories of data from their system after certain periods such as when a statutory period for holding certain data has come to an end.

For instance, a Data Controller may have personal data regarding employees that have subsequently left the company. If they are no longer employing the individuals then it may be that it is not necessary for them to still retain that data. However they should be aware that there may be other legislation (employment law, tax law etc) that may require them to hold that data for a statutory period, and they should also take this into account when deciding on their own retention periods.

For further information about the fifth principle of the DPA please see the following link:

http://www.ico.gov.uk/for_organisati...inciple_5.aspx

I hope this information is helpful. If you would like to contact our Helpline please call 0303 123 1113, or 01625 54 57 45 if you would prefer to call a 'national rate' number.

Yours sincerely"

[The Debt Star]

Re: Data Protection doesn't exist

If you see my Experian thread you'll note that Experian have told me that "Arrangement to Pay" and "Financial Associate" and "Alias" markers stay on one's credit file indefinitely.

IMO this is unreasonable but clearly permissible under the DPA as per post #55.

[leclerc]

Re: Data Protection doesn't exist

If you see my Experian thread you'll note that Experian have told me that "Arrangement to Pay" and "Financial Associate" and "Alias" markers stay on one's credit file indefinitely.

IMO this is unreasonable but clearly permissible under the DPA as per post #55.

That's an interesting point, "arrangement to pay" should, you would think expire once that arrangement has been met, ie paid in full.