Endowment Complaint & Data Protection

xwordmad

Not sure if this question is relevant in this forum... But I'll ask anyway. Does anyone know how long a company has to release my file, once it has been asked for in writing? I was under the impression that data protection laws and freedom of information laws entitled me to my file... Any help appreciated. Thank you.

TangentMan

Frreedom of Information is for public bodies so not going to be of much help.

I don't think there is actually a set period of time for the DPA, although i would expect something like 21 days to be ballpark as a reasonable limit to get back to you.

YorkshireBoy

According to the Information Commissioner's Office website...

You should receive a reply to your access request within 40 days. The record holder may ask you to send a fee. This is normally £10, but different fees apply to health and educational records.

Once you have provided the fee (if required), proof of your ID and any information needed to locate the information, the record holder must comply with your request. This should normally be done by providing you with a copy of the information held.

http://www.ico.gov.uk/eventual.aspx?pg=SR&cID=6787

dunstonh

They dont need to release the file. Data protection doesnt apply on complaints.

ADC_3

yes they do! If it's personal data about you then you have a right of access. The fact that it's a complaint file is irrelevant. The 40 calendar day deadline is correct once you've made a request.

If they are a public authority as defined under the FOI Act then you have other rights of access to non personal data held by them such as policies, procedures, financial material. Go to their website and use the search facility to look for FOI. If they are a public authority they'll have an FOI contact address and probably an FOI officer who has a duty under law to advise and assist anyone who wishes to ask for information. If they are a private company who delivers a public service it is likely that the part of their work that is 'in the public sector' is accessible.

Joe_Bloggs

As I see it the Data Protection Officer of a company in question should handle requests from data subjects. How can the data protection officer verify the identity of the data subject from their request alone? To give out somebody elses information is a serious matter. Has anyone got any practical experience of using these rights ?
J_B.

dunstonh

yes they do! If it's personal data about you then you have a right of access. The fact that it's a complaint file is irrelevant. The 40 calendar day deadline is correct once you've made a request.

No its not.

This has been tested in a court of law and ruled that client files do not need to be given out when a complaint is in process.

EdInvestor

DH is right.

The companies took the matter to court and the ruling was that the DPA didn't operate if the request was in the context of a complaint.

But in any case, most of the rules have been destroyed at most companies anyway, which is greatly in your favour, as they have to prove your complaint is groundless, not the other way round.

xwordmad

the actual file isnt the complaint file, but the file created when an endowment was taken out many years ago... Law society say we own the file not... Does this make a difference to advice given above?

dunstonh

The client file, relating to the sale of the product, belongs to the company that gave the advice. You are not entitled to see it if you have made a complaint.

vinno65

Hi Dunstonh,
Call me an old cynic by why do you think companies do not want people their client file? Surely they have nothing to hide? What are they afraid of? They must be afraid of something or why take the matter to court?
regards Vinno