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Limit to your Data Subject Access Rights
jonpress
Posts: 13 Forumite
in Credit cards
Just thought I'd share this with people for future reference.
Some time back I had a card application withdrawn after initial acceptance because of some "problem" discovered by the company's fraud/security team. Since there's no actual problem I can possibly imagine, I assumed an error had been made.
There's nothing on my credit record and the company initially refused to explain what the "problem" was. I submitted an application for my personal data under the DPA, but this came back simply with the contents of my original card application and no relevant further information. I phoned the company concerned and they confirmed they had "adverse" information on file but refused to release it. Consequently, I complained to the ICO who police the DPA. They have sided with the company saying essentially that to disclose the information to me would breach the company's trade secrets by exposing the method that was used to verifysome of my application details.
So, basically, a financial company has a "black mark" against my name, almost certainly as a result of an error and I have no opportunity to know what the associated information is or to correct it - simply because the method by which the information was collected is a trade secret of the organisation concerned.
I'm going to ask for this case to be reviewed by the ICO, but it seems to drive a coach and horses through everyone's right to know what information companies may be holding about them and having the opportunity to correct it. Of further concern is that beyond a review by the ICO there seems to be no means of appeal short of going to court.
Some time back I had a card application withdrawn after initial acceptance because of some "problem" discovered by the company's fraud/security team. Since there's no actual problem I can possibly imagine, I assumed an error had been made.
There's nothing on my credit record and the company initially refused to explain what the "problem" was. I submitted an application for my personal data under the DPA, but this came back simply with the contents of my original card application and no relevant further information. I phoned the company concerned and they confirmed they had "adverse" information on file but refused to release it. Consequently, I complained to the ICO who police the DPA. They have sided with the company saying essentially that to disclose the information to me would breach the company's trade secrets by exposing the method that was used to verifysome of my application details.
So, basically, a financial company has a "black mark" against my name, almost certainly as a result of an error and I have no opportunity to know what the associated information is or to correct it - simply because the method by which the information was collected is a trade secret of the organisation concerned.
I'm going to ask for this case to be reviewed by the ICO, but it seems to drive a coach and horses through everyone's right to know what information companies may be holding about them and having the opportunity to correct it. Of further concern is that beyond a review by the ICO there seems to be no means of appeal short of going to court.
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Comments
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Do you have a suspicion what it might be?0
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Providers also search the files of Fraud Prevention Agencies. Maybe they saw something there they didn't like, such as discrepancies in your employer details, job titles, salaries quoted on previous applications with other providers?0
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Do you have a suspicion what it might be?
Yes - since I was contacted to do an employment check. I work for a small employer which had just moved offices at the time of my application. I suspect it may be as simple as the fact that my employer's website had not been promptly updated with their new contact details.0 -
You need good advice here. The ICO are essentially correct, in that the criteria which companies use are not data relevant to you, so they need not disclose. But, the decision will be based on data. I think would have to disclose all external data consulted or used in making the decision and in your position, I would be thinking that they would have to disclose this. That is the angle I would take with both the company and the ICO.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
This country is unbelievable, what right do they have to steal your personal data, none, I would go to the next level with this one, European Court of Human rights, take to the ends of the earth if you have to but that data is your data, you are entitled to write to National Hunter which is the only FPA by the way, they make out there is several but they are wrong, they have to give you the data held against you. Good luck.
Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.0 -
Well there is only a limited choice as to where you get that data from, 3 CRA's and 1 FPA, would be illegal to use "secret" databases on people and under the freedom of information act I can assure you the OP will get his data...legitimate source or not.They only have to disclose personal data held. Data used, temporarily, from an external source, does not.
Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.0 -
According to CIFAS, there are 5 FPA's......National Hunter which is the only FPA by the way
http://www.cifas.org.uk/default.asp?edit_id=564-73Who are the Fraud Prevention Agencies?
CIFAS members use one or more of the following fraud prevention agencies in the UK:
Experian Ltd: Consumer Help Service, PO Box 9000, Nottingham, NG80 7WP
Tel: 0844 481 8000 www.experian.co.uk
Equifax plc: Credit File Advice Centre, PO Box 1140, Bradford, BD1 5US
Tel: 0870 010 0583 www.equifax.co.uk
Callcredit Ltd: Consumer Services Team, PO Box 491, Leeds, LS3 1WZ
Tel: 0870 060 1414 www.callcredit.co.uk
Experian Limited - Experian Decision Analytics: Seabank House, Wight Moss Way, Southport, PR8 4HQ
Tel: 01704 501 001 www.experian-da.com/web/solutions/fraud/intro.html
Synectics Solutions Ltd: Customer Helpdesk, Synectics House, The Brampton, Newcastle-under-Lyme, ST5 0QY
Tel: 01782 664 000 www.synectics-solutions.com0 -
Yes they all feed off one database...National Hunter, which is owned by Experian, CIFAS again are an FPA but use the same data set as Hunter.YorkshireBoy wrote: »According to CIFAS, there are 5 FPA's...http://www.cifas.org.uk/default.asp?edit_id=564-73Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.0 -
For £10 you can find out what they hold on you then?...Yes they all feed off one database...National Hunter
http://www.nhunter.co.uk/data.html0 -
You are correct.YorkshireBoy wrote: » Since when has the world of computer software design been about what people want? This is a simple question of evolution. The day is quickly coming when every knee will bow down to a silicon fist, and you will all beg your binary gods for mercy.0
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