RBS Credit search done, didn't click on apply!

Bosie

BarclaysManager wrote: »

We don't ask, as we'd be able to tell from our initial searches. If it's not on the searches, it was long enough ago that we don't care (provided your post-discharge credit is okay).

For basic accounts, only Barclays and The Co-operative Bank accept bankrupts.

That has cheered me up, just a few months to go and it should drop off.

never-in-doubt

BarclaysManager wrote: »

No, there is no padlock and no data protection declaration that you seem to think is essential. Please cite the relevant law or regulation that you seem to think requires this. There is no legal pre-requisite to have a "data protection declaration" complete with a padlock.

http://www.fisa.co.uk/downloads/Information%20padlock2.pdf

Where to site the signpost
The ‘information padlock’ signpost should be clearly displayed at any point where information is requested. It can be reproduced in any colour. It is commonly used on application forms. It can be used within any medium, paper applications, internet sites, etc. Wherever the signpost appears, an explanation of why the information is requested should be detailed, or directions given to where such an explanation is provided.

This confirms that you must display the padlock. Disappointed being you're a bank manager..... So my point remains that it is likely that RBS have broken the terms of the DPA and are therefore also in breach of the banking code and ICO guidelines. Naughty Naughty

never-in-doubt

BarclaysManager wrote: »

For basic accounts, only Barclays and The Co-operative Bank accept bankrupts.

BM is correct if you have an undischarged B/R but once discharged then all will consider you. See page 6 of this which also confirms what BM said: http://www.moneymadeclear.fsa.gov.uk/pdfs/bank_accounts.pdf

I'd have quoted as 'For basic accounts, only Barclays and The Co-operative Bank accept undischarged bankrupts'

Extant

never-in-doubt wrote: »

http://www.fisa.co.uk/downloads/Information%20padlock2.pdf

This confirms that you must display the padlock. Disappointed being you're a bank manager..... So my point remains that it is likely that RBS have broken the terms of the DPA and are therefore also in breach of the banking code and ICO guidelines. Naughty Naughty

No... that is a designed tool that is optional to use. From your view own link, there is nothing to say it's compulsory. Please cite the part of the DPA that requires businesses to use the padlock.

And since you mentioned the ICO, take a look at their own article about the padlock: http://www.ico.gov.uk/upload/documents/pdfs/padlock_signpost_22_05_06.pdf

ICO wrote:

To assist in this, the Data Protection Commissioner and the National Consumer Council have devised an ‘information padlock’ symbol to act as a signpost

So, the DPC and the NCC? I didn't know they could pass laws now...

ICO wrote:

The ‘information padlock’ signpost is intended for use by all data controllers.

Intended. Still no law there.

never-in-doubt

BarclaysManager wrote: »

No... that is a designed tool that is optional to use. From your view own link, there is nothing to say it's compulsory. Please cite the part of the DPA that requires businesses to use the padlock.

And since you mentioned the ICO, take a look at their own article about the padlock: http://www.ico.gov.uk/upload/documents/pdfs/padlock_signpost_22_05_06.pdf

So, the DPC and the NCC? I didn't know they could pass laws now...

Intended. Still no law there.

I am fully conversant with ICO thanks all the same and fully realise they do not impose law nor can they fine but if we get their agreement that DPA has in fact been breached then guess what? In court you win!

The first principle, case for consent (ss.1) says it all....

the individual has given his or her consent to the processing;

The following quote is also relevant as the ICO can only advise they recommend that;The ‘information padlock’ signpost is intended for use by all data controllers. Intended implying 'should be'

I think what you fail to grasp is that without following process you'll find the lender will not win in a court. That my son is quite simple and on that note I rest my case.

Extant

never-in-doubt wrote: »

I am fully conversant with ICO thanks all the same and fully realise they do not impose law nor can they fine but if we get their agreement that DPA has in fact been breached then guess what? In court you win!

I think what you fail to grasp is that without following process you'll find the lender will not win in a court. That my son is quite simple and on that note I rest my case.

It is wise that you rest your case, as it was invalid.

To summarize:

1. The assertion that a "padlock" is required by law is incorrect.
2. The assertion that a formalized "Data Protection Declaration" is required by law is incorrect.
3. The assertion that RBS has acted inappropriately is incorrect.
4. The original poster has had the point of their consent shown to them and explained.
5. The Data Protection Act has not been breached.

never-in-doubt

BarclaysManager wrote: »

It is wise that you rest your case, as it was invalid.

To summarize:

1. The assertion that a "padlock" is required by law is incorrect.
2. The assertion that a formalized "Data Protection Declaration" is required by law is incorrect.
3. The assertion that RBS has acted inappropriately is incorrect.
4. The original poster has had the point of their consent shown to them and explained.
5. The Data Protection Act has not been breached.

1 - The assertion that a "padlock" is required by law is incorrect.
The term intended to be used simply means that it should be used. If the ICO advise that the DPA has been breached then you will win in court and that is the part of law I specifically refer to.

2 - The assertion that a formalized "Data Protection Declaration" is required by law is incorrect.
I never said otherwise, I said it should be there.....

3 - The assertion that RBS has acted inappropriately is incorrect.
They performed a credit check without making the applicant fully aware of their intentions.

4 - The original poster has had the point of their consent shown to them and explained.
It was not leaving the applicant in 'no doubt that they were giving consent' or Bosie would have seen it and closed the application.

5 - The Data Protection Act has not been breached.
It has indeed:

'The first principle of ‘good information handling'

This first principle requires that data controllers process personal data fairly and lawfully. Processing covers obtaining, recording, retrieval, consultation, holding,disclosing and use of data. Data controllers must not process personal data unless at least one of the following conditions is met:

- The individual has given his or her consent to the processing;

stclair

During the application process it says Please read and agree how we will use Your personal data

https://www.rbs.co.uk/apps/secure/applicationforms_dda/webpages/rbs/RBS_Info_personal_data.htm

If you tick the box then your agreeing to it.

Or should a padlock icon still be there?

never-in-doubt

stclair wrote: »

During the application process it says Please read and agree how we will use Your personal data

https://www.rbs.co.uk/apps/secure/applicationforms_dda/webpages/rbs/RBS_Info_personal_data.htm

If you tick the box then your agreeing to it.

Or should a padlock icon still be there?

The padlock item 'should' be there. However the reason I think it is exempt from this account is because it is a Key Account and not a full bearing current account.

We are taught, using guidance by the ICO for starters, to look for the padlock symbol so why then would banks just be allowed to omit it? Although the ICO say it 'should' be displayed, and whilst BM is half right in that there is no direct law that confirms it has to be, my argument is that if the ICO find in favour of the applicant because there was no padlock then if the applicant went to court they would win every time because the court will always take the advice and judgement of the ICO over me or a bank - thats the way it is.

The ICO can only recommend - they do not have powers like Trading Standards (unfortunately) but this will shortly be changing so they 'may' be able to fine lenders that breach the DPA.

Brian1966

stclair wrote: »

During the application process it says Please read and agree how we will use Your personal data

https://www.rbs.co.uk/apps/secure/applicationforms_dda/webpages/rbs/RBS_Info_personal_data.htm

If you tick the box then your agreeing to it.

Or should a padlock icon still be there?

Clicking on your link..the padlock symbol is indeed present :T