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For the clever minds on here

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  • ffacoffipawb
    ffacoffipawb Posts: 3,593 Forumite
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    kryten3000 wrote: »
    Consent is a red herring if a company has another reason to hold and process your data.

    Where it gets interesting is the removal of the £10 for a SAR - so you can demand all the information held about you for free and in addition as others have already mentioned, not correctly updating information when informed of an address change, for example, could result in large fines.

    We should all blitz the parking scum for free SAR's - tie them up in knots and cost them a fortune!
  • Castle
    Castle Posts: 4,203 Forumite
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    Coupon-mad wrote: »
    Can someone post the direct link that clarifies that a SAR is free, please?
    Article 12 paragraph 5, (Article 15 refers to a SAR):-
    https://gdpr-info.eu/art-12-gdpr/
  • [Deleted User]
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    Consent is a red herring if a company has another reason to hold and process your data
    .
    Agreed - and what I had been trying to say.
    I think for a non POFA NTK, the PPCs would rely on 'legitimate interests' in 1(f).
    Noted. Although it doesn't really matter insofar as they can show a reason to process data and we all agree that (at least in principle) they will be able to show that.
    We should all blitz the parking scum for free SAR's - tie them up in knots and cost them a fortune!
    Do bear in mind that the duty is not unfettered. There are controls to stop abuse. But if everyone applied that would be an additional burden, yes.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

    Scroll down

    Can we charge a fee?
    In most cases you cannot charge a fee to comply with a subject access request.

    However, as noted above, where the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request.
  • Loadsofchildren123
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    Umkomaas wrote: »
    'Genuine' seems to be the operative word. Because until a debt is adjudicated (or agreed) as owed, there can be no 'genuine' creditor - surely?


    No. I think that there would be a presumption that an asserted debt is a genuine claim until it's adjudicated upon and dismissed. Otherwise all creditors (including honest ones) would be seriously disadvantaged. Processing/retention of data in relation to a claimed debt has to be a legitimate reason, even if it's a PPC!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
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    I believe that we need to detail how the adventurous amongst us can use GDPR to set up the PPC and then extract cash from them.


    I started another thread months ago, titled Maxing Out the Counterclaim [aka Make the Scum sorry they got out of bed today].....and I believe that DPA and GDPR can really help us in this matter.


    Can some of the erudite people on here lay out how we could make sure the PPC trip up and how we then stomp all over them [and get paid for doing so]...
  • Coupon-mad
    Coupon-mad Posts: 132,019 Forumite
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    edited 18 May 2018 at 1:28AM
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    Sounds like the start of a plan.

    Certainly I plan to change the NEWBIES thread next week to tell everyone with a:

    - PCN
    - debt letter
    - LBC
    - claim

    ...to always, always send a SAR. People are entitled to it. EVERY SINGLE TIME.

    This will mean PPCs will have to deal with SARs as well as appeals for every case, and still get no money from any person who posts or lurks here, and the silent readers too, and their families.

    Spread the word, the PPC 'SAR bomb campaign' is coming.

    People should go the same to any firm that offers no service. I can think of a few who deserve it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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