Insurance Cancellation, the lifetime sentence

dunstonh

stanfield1981 wrote: »

All information has now been collated and sent to the ICO. I'll update this post with their findings!

They seem a bit puzzled as to how a company can hold onto personal information indefinitely but hopefully my email trail will make sense to them and they will clear it up

They shouldnt be puzzled. In cases of liability, firms can hold on to date indefinitely. That is routine in financial services.

Retrogamer

dunstonh wrote: »

They shouldnt be puzzled. In cases of liability, firms can hold on to date indefinitely. That is routine in financial services.

They can only hold onto the data for as long as it is needed. Holding onto data longer than needed is a breach of the DPA.

What's the time limit on liability claims again. Is it not 6 years? Meaning holding onto people's data longer than that would be unlawful?

System

Haven't we been told previously by the experts that there are two kinds of cancelling insurance:
1) when you have tried to commit fraud, or have failed to declare something material
2) when the insurer has reassessed the risks it insures and has decided that it can no longer cater for your requirements - eg you have moved to an area that they consider too high risk to cover, you have changed car to a type they don't insure, they have decided they no longer want to cover musicians who part-time as stunt artists, etc?

I thought the first was declarable for ever, the second not?

dunstonh

They can only hold onto the data for as long as it is needed. Holding onto data longer than needed is a breach of the DPA.

That is correct. Emphasis on the "as long as needed".

What's the time limit on liability claims again. Is it not 6 years? Meaning holding onto people's data longer than that would be unlawful?

There is no time bar on financial services liability (caveats apply - such as when the PPI deadline comes in). This is why people are able to complain about PPI sold 30 years ago. Someone can complain decades later if they wanted. So, firms are allowed to hold on to data in areas of liability indefinitely. Data that is not linked to an area of liability is suggested at 6-10 years but firms have discretion.

stanfield1981

You have said twice that in the financial sector, companies can indefinitely hold onto personal data. Do you have any example but no mention of any examples? And for what purpose?

[Deleted User]

They can retain it as long as they have a defined purpose. eg if their policy is never to lend to someone who has previously defaulted with them.

Amex have such a policy.

rs65

stanfield1981 wrote: »

You have said twice that in the financial sector, companies can indefinitely hold onto personal data. Do you have any example but no mention of any examples? And for what purpose?

Life assurance

Employers liability insurance was 40 years at one stage.