SAR on cd?!!

[Wbear]

So last week sent a SAR letter to Cabot - relating to a Goldfish now Barclaycard account.

Got a letter back from Cabot today stating that they are formulating the documents onto a CD!!!

Has anyone else had this kind of reply and is it even legal for them to do this?

[labman]

Re: SAR on cd?!!

Yes, I've had it twice - once from my local council and once from the DWP. It's actually quite helpful, though in both my cases they printed off a hard copy too. If they're using it to make it harder to plough through without incurring significant printing costs, then it's another issue.

I don't think the DPA stpulates a medium through which they must respond, so I believe it is legal. :beagle:

[teaboy2]

Re: SAR on cd?!!

I suppose it could be argued that the £10 fee for a SAR covers the costs of producing the requested documents. Producing the requested documents means hard copies, as sending them on CD means the Data subject then has to bear the cost of producing the documents by paying for the ink/toner cartridges used to produce hard copies of said documents so they can be used in court if needed. Not to mention not everyone has a PC or a printer, infact a lot of people are turning away from havng home PC's too that of a laptop. So it could be argued that producing a SAR on a CD is unreasonable on the grounds that the data subject then has to pay the costs of producing hard copies of the documents which they have already paid for using the satutory £10 fee when making the request. Plus the fact not everyone uses a PC - For example what us is a CD if the data subject has no computer to access the documents on the CD? Or no printer in which to print the Documents for use in court?

Also what happens if the CD is damaged and can not be read by the playback device? It would cost the Data subject another £10 and other subject access request which the company whom the request is made to will likely refuses on the believe they have already complied with previous request.

Personally i would complain to the ICO as its quite clear a CD is not a Document in itself and you specifically requested copies of the documents, which to you means hard copies.

[labman]

Re: SAR on cd?!!

I think 7(1)(c) covers it. A data subject is entitled, "to have communicated to him in an intelligible form...."

Obviously for those without computers it would not be intelligible, so they would have every right to ask for a hard copy.

[teaboy2]

Re: SAR on cd?!!

It would also not be intelligible if the data subject is not able to open the files containing the documents due to different file formats. After all not everyone has microsoft office, excel or the correct version, causing such texts in the file document when opened to appear as computer code rather than intelligable english, or to not open at all. And in alot of cases would require the data subject to download and even pay for necessary software to beable to open the file.

[Wbear]

Re: SAR on cd?!!

Hi all

So finally today a cd turned up from Cabots (41 days after requesting it) after 2 macs and 1 pc and me and OH going bananas we managed to open all the folders.

Supposedly one of these folders contains "copies of all correspondence filed"! There was no copy of the default notice, no pre default letter nothing of any consequence. A second folder titled "specific and unspecific generic system files" contained "representations" of letters sent. These letters had no reference numbers, no account numbers, nothing that related to the account in question!!!

What really has us confused is the first folder "introducing your SAR". In the explanatory notes it states "Specific Letters. Where a letter has been sent to cover a specific issue, the contents are usually noted in the account notes and no copy is held". Surely a default notice is a "specific issue" and a copy should be held. How can they prove it has been issued if they cannot produce a copy? All they can come up with is a generic copy that again has no reference number, no name, no amount nothing.

Then they go on to say that incoming mail is not kept either, notes go on the account and then the letters are destroyed. How can they prove anything if no documentation is kept.

This has all left us wondering where on earth do we go next. If
Cabots have not provided a pre default notice and correct default notice does this mean they never sent one or sent it then destroyed it?

Any ideas anyone?

[labman]

Re: SAR on cd?!!

This is not satisfactory record keeping by them in my book. If they are actively pursuing this debt, they must be able to produce copies of exactly what was sent, not just a note of what they claiim may or may not have been sent.

If this came up in court and you revealed you had done a SAR which revealed no Default Notice, then they produced one, they would be in trouble.

Similarly, if you requested the same under the CPR disclosure, you would expect this to be disclosed. If they have not got it, they cannot prove it was defaulted, nor any DN served correctly.

Appalling!

[Wbear]

Re: SAR on cd?!!

It's more than appalling!

With all this in mind where do we go next to get the default removed from the CRA? They did send a DN in 2009 but with no address of the original creditor and additional wording which did not fit the format of other DNs that we've seen online. In the cd today there is no record of this DN or the pre default letter and no proof of posting of either of these or other letters.

If it helps can try and include a copy of the DN

[teaboy2]

Re: SAR on cd?!!

Well i use sage act database and along with adding notes i can attach documents to specific notes per customers account. So there is no reason for such poor record keeping by them.