Oughtn't they know better?

[Guest]

Re: Oughtn't they know better?

Quite.

You appear to have succeeded. :tinysmile_grin_t:

Then i appologise twas not my intention.

Peter

[teaboy2]

Re: Oughtn't they know better?

Again i find this very interesting and it may well be so but, could you point me to the legislation that states, the above, and also what defines"normal business practice". Surely if it is in their t and cs it would be their normal practice, so according to your logic it would be OK?
Not trying to be obtuse just trying to understand your argument.

You see to me for a request to be made under sny act or legislation you normally need to let the creditor know which law he is supposed to be complying with, dont you.

Peter

Its in various ICO guidlines reference SAR's and how to deal with SARs (heres one for example click here) Peter and its something you yourself qouted in a previous post from which i qoute below:

Form of the request

A request for Personal Data is a subject access request under the Act. However, it may not always be necessary to treat a request for information as a formal request under the Data Protection Act 1998 (the "Act"). If the request for information is one which you would normally deal with within the normal course of your business, you should consider whether you need to deal with this as a formal subject access request under the Act.
If you treat the request as a formal subject access request, the data controller is entitled to ask for a fee of £10 (unless the request relates to medical or education records) in order to deal with the request and it is advisable to do so without delay. The subject access request should be in writing. The data controller is also entitled to the following two further pieces of information before the forty calendar day response period commences:

Read more at: Oughtn't they know better? - Page 2 - Legal Beagles Consumer Forum

Also my logic does not mean there terms and conditions would make it normal practice as such term goes against the data protection act for requests on all data held, regardless of whether the request for all data was normal business practice or not it still falls under the remit of a formal SAR under the DPA and therefore they are only entitled to the £10 regardless of their terms and conditions. As you said - They are clearly trying to get round the ACT and charge £15 more.

i wrote "However a request for All data/information they hold or request that falls outside of what they deal with during course of normal business orperations, does fall under the DPA and must be treated as a formal request when made in writing to which they must comply with upon the reciept of the minimum fee of £10."

The Or is there to seperate 2 points that being the "request for all data/information" does fall under the DPA - The point after the word OR, "request that falls outside of what they deal with during course of normal buisness operation", does fall under the DPA.

The request for an individual bank statement falls within the course of their normal buisness operations as they are asked for them on regular if not daily business by a number of customers (thats a definition of normal business operation in respect to such request) - as such they can charge £5 or whatever they like for it. Off course you can ask for it under a SAR but it would cost £10 in stead of the £5 or whatever price they ask if you did not request it as part of a SAR - they may also treat the SAR as an informal request and not as a SAR at all if it requests individual documents that they disclose as a course of normal buisness operations and charge £5 or whatever their price is for it.

[Guest]

Re: Oughtn't they know better?

Sorry but all i can see is that it makes my point.

Perhaps we should agree to differ :tung:

Peter

[teaboy2]

Re: Oughtn't they know better?

Sorry but all i can see is that it makes my point.

Perhaps we should agree to differ :tung:

Peter

I agree to differ, we have been going round in circles on this for too long now lol

Though i suspect we may not be interpretating each others points correctly

[Guest]

Re: Oughtn't they know better?

I agree to differ, we have been going round in circles on this for too long now lol

Though i suspect we may not be interpetating each others points correctly

[Caspar]

Re: Oughtn't they know better?

We need a smiley for, "Thank God for that!"

[leclerc]

Re: Oughtn't they know better?

I have contacted the organisation to advise them to update their website as the maximum fee that can be requested to deal with a subject access request is £10.



Thank you for contacting the Information Commissioner’s Office.



I had to email the ICO didn't I? :o