company not responding after 40 days

[Evolution]

I sent a sar form to private and commercial finance to see if I had ppi with them, its been 40 days and still no reply.

[Kafka]

Re: company not responding after 40 days

It is a statutory obligation to respond within 40 days. If they fail to do so you can report them to the Information Commissioner for non-compliance, but perhaps better to send a reminder first.

[FlamingParrot]

Re: company not responding after 40 days

I have also sent a SAR to a company 2 months ago and they did not respond, I've filled out the form on the ICO website. If you can provide all your evidence in electronic format, you can send it all by email. The evidence would be your SAR letter and the Royal Mail records showing the item was delivered, hopefully you will have sent it by recorded delivery.

This is the ICO complaints page ---> http://www.ico.gov.uk/complaints/getting.aspx

This is the direct link to the templates to download and fill in ---> http://www.ico.gov.uk/complaints/getting/complain.aspx

[labman]

Re: company not responding after 40 days

I agree in principle with Kafka, though I'd wait another week or so before sending a reminder.

I have also sent a SAR to a company 2 months ago and they did not respond

Two months is ridiculous - Who was the SAR to? The Data Protection Act is unique, I think, in that the Data Controller can be held personally responsible for any breach of the Act. The document below is a specialist guide to the DPA, produced by the ICO, and is a VERY useful document.

You may find this useful to help encourage compliance:

Application to the Court in relation to Subject Access:
If a Court is satisfied on the application of:-

any person who has made a subject access request that the data controller in question has failed to comply with the request in contravention of section 7 or the orders referred to above, the Court may order him to comply with the request.

Taken from http://www.ico.gov.uk/upload/documen...l_guidance.pdf

Given the time you have had to wait, I would force compliance through the courts without hesitation.