Retention of personal data....?

DadsDown

Hi folks, quick question -

Don't shout, but out of apparent necessity I applied for a payday loan on a 'broker' site. I was accepted by quickquid, but declined to take the offer and contacted them accordingly. I told them by email that i didn't want to proceed with the loan (as I saw sense!!) and also asked them to remove my details from their database. I received the following reply -

We regret to inform you that we are declining your request to delete your customer account records from our system for the following reasons:

• The data was processed correctly with regards to the UK Data Protection Act of 1988 and within the terms of our Privacy Policy.
• Record retention obligations under the UK Money Laundering regulations dictate that we store your data for five years from date of processing.

We respect your wish to keep your data private and will not release or disclose your personal information to any outside entity.

Now, my request was basically to prevent further contact from them, but is this reply correct? Can they legally retain my info against my wishes?

It's no big deal I guess, but I thought I would ask your advice.
Thanks.

LeeSouthEast

They can, but you can specify within reason what they may use that information for. Tell them you don't want any contact from them.

DarkConvict

Just trying to find the section of the DPA that applies, but can't :P Anyway, you do have a right to request the removal of personal information held by them.

Fairly and lawfully processed
Processed for limited purposes
Adequate, relevant and not excessive
Accurate and up to date
Not kept for longer than is necessary
Processed in line with your rights
Secure
Not transferred to other countries without adequate protection

However, i am not aware what happens when there is conflicting law. You will need to email the ICO for clarification, if the loan was completed i would say they need to keep it for a valid reason. As it was only applied for and since rejected i would be tempted to say they have no need to hold the information on you, (Name, DOB, Contact Details) http://www.ico.gov.uk/complaints.aspx

DadsDown

Thanks for your thoughts. I have sent an email reply stating I don't understand the requirement for retention, though I confess I don't understand the money laundering aspect. It will be interesting to see the reply, but I may contact ICO if it doesn't go my way!

Miss_Lia

Hey,

They did exectly the same with me when i closed down my acc a few months back. I got my OH to go on the site change all my details and change the password so i couldn't get back on there!

I was quite upset that they wouldn't remove my details but i haven't heard anything from them snice