Lloyds TSB and Data Protection

eskbanker

Up to you obviously but, given the aim of the exercise being to prove that they sent letters to the wrong address last year despite having the correct one on file, personally I'd phrase the SAR along the lines of:

Under the subject access provisions of the Data Protection Act, please supply me with details of how my personal data was managed while in your care.

In particular I am looking for a copy of the data originally provided to you by Tower Hamlets council in or before early 2017, prior to commencement of CCJ proceedings, and any subsequent updates supplied by them, including, but not limited to, all of my contact details such as address information.

I also require details of any subsequent processing of this personal data, including, but not limited to, its storage within your systems, how, when and by whom it was updated, and its use for correspondence with myself and any third parties such as courts.

Please ensure that all actions relating to this data are datestamped accurately.

While I understand that certain correspondence between yourselves and Tower Hamlets council may be subject to legal professional privilege, I would ask that any such privileged data not directly relating to the supply of address details be redacted rather than suppressing the correspondence in its entirety.

Picking up on bundoran's earlier post (echoing one of my earlier ones too), I do agree that there's a question about who can be pursued, as the solicitors are acting as agents of the council, but establishing the facts as to who knew what and when should help!

jayu619

Thank you EB

I have asked them to cancel/ignore my previous SAR requests by email, and just sent the one you suggested above as the new and final one.

Email is fine right? I do not have to send it to them in writing?

Thanks,
Jay

eskbanker

jayu619 wrote: »

Email is fine right? I do not have to send it to them in writing?

Yes, email is fine, as per the ICO guidance for organisations:

Recital 59 of the GDPR recommends that organisations ‘provide means for requests to be made electronically, especially where personal data are processed by electronic means’. You should therefore consider designing a subject access form that individuals can complete and submit to you electronically.

However, even if you have a form, you should note that a subject access request is valid if it is submitted by any means, so you will still need to comply with any requests you receive in a letter, a standard email or verbally.

jayu619

Hello -

I received the council's FOI, please see below:



Where can we go from here?

Thanks,
Jay

eskbanker

jayu619 wrote: »

Hello -

I received the council's FOI, please see below:

Where can we go from here?

Thanks,
Jay

I'm not sure it really helps you at all, as it seems self-contradictory to me - your fourth and sixth questions effectively ask the same thing but receive completely opposing answers!

Likewise their answer to your second question doesn't answer what you'd actually asked, i.e. you ask how they handle payments without references and they answer how they handle payments with references, although again the same question seems to be repeated in q5 and is answered this time round.

So, you could revert to them highlighting the inconsistencies, but the trouble with a FOI response like this is that it's all about generalities, whereas you're trying to get to specifics, so I'm not sure what you were hoping to get out of this particular line of enquiry anyway?

I haven't reread the thread but seem to recall that the main thing you're trying to establish is that the council's lawyers knew the correct address and didn't use it, thereby causing the CCJ and associated grief, so this FOI doesn't relate to that.

There was also the matter of exactly how Lloyds were instructed to change the SO but IMHO it's beyond reasonable doubt that they must have been requested to do so either by the council, one or more of its banks or your dad (they'd hardly choose to do so unilaterally) even if they didn't retain evidence. I can't recall if their compensation offer was in relation to this lack of evidence or if it related to the failure to put the reference number on the new SO, i.e. is there any evidence you're seeking that you feel will help you pursue Lloyds to increase their offer?