ATM didn’t dispense money and bank won’t return money either

24

Comments

  • What to do is make a GDPR Article 15 Request of your bank and ask for a copy of the cash machine internal audit paper roll.

    That will show what the cash machine really did and your bank can't get around it. It what NatWest would have done with the person who requested £100 and got £10.

    Which bank is it? Was it one of their cash machines?

    Regards

    James
  • Yes, you can ask for all CCTV evidence to. Give them your photographs and they must supply it by law.

    Best of luck.

    James
  • eskbanker
    eskbanker Posts: 30,993 Forumite
    First Anniversary Name Dropper Photogenic First Post
    While we all have rights to access our personal data held by any organisations, I doubt that an ATM audit log would be considered personal data for these purposes and so I can't imagine a bank disclosing it, especially when they'll cite security and confidentiality as (legitimate) reasons not to.

    And rather than referring to GDPR (the overarching EU regulations), it's usual to cite the Data Protection Act when submitting a Subject Access Request to a UK-based company, which would normally be directed towards the organisation's Data Protection Officer (or equivalent) rather than pointlessly routing it to their CEO....

    https://ico.org.uk/your-data-matters/your-right-of-access/
  • John Flint or the current CEO of HSBC Mr Flint's email address still works is going to go to the CEO of the bank. The bank whoever in that bank gets the email will send it on to the correct department and you will here from them.

    If you like write to Mr Flint's email address asking for the email address of all internal departments pursuant to the E-commerce Directive on Electronic Communications when you will be given a long list including the email address of their data protection officer.

    Why are you protecting a banks CEO stopping his secretary sending on emails Mr Dexter? If everyone followed your advice.

    Regards

    James
  • eskbanker
    eskbanker Posts: 30,993 Forumite
    First Anniversary Name Dropper Photogenic First Post
    edited 5 September 2019 at 6:46PM
    JamesA999 wrote: »
    Eskbanker is not correct here address your email also to [Information Commissioner] if your bank do not give you the data they are the data "controller" of for you as the data subject. You don't want nor will be given anyone elses transactions details.

    It is the GDPR you use.

    Not Eskbanker made no comments on the CCTV.

    Does he have an agenda to propagate here?

    Just make sure you involve the ICO. They are the law here.
    I'm not planning on getting bogged down in a silly squabble with you on someone else's thread, I was simply observing that the DPA is the UK's legislative implementation of GDPR, but that's largely a technicality as they mostly cover the same ground.

    The individual has the right to personal data, which could potentially include a very specific extract of an audit log but not the whole thing (as implied), and could also include CCTV, again if access can be made available without breaching the rights of others.

    The prescribed process for accessing personal data is to contact an organisation's nominated Data Protection Officer. Obviously anyone minded to do so can fire off emails to all and sundry but there's no need to, and unlikely to be any value in doing so. There is certainly no need to contact the head of the ICO when routinely requesting personal data from an organisation!
  • Eskbanker,

    I think you owe hellohoney an apology and as you know so much from your post above help in resolving the issue after you got in the way of the ends of justice being met.

    Cc'd Crown Prosecution Service

    Regards.

    James
  • If you're not happy with the bank's decision go ahead and complain - you may in fact get goodwill compensation even if they don't agree with your version of events.



    There are certain circumstances that make the bank not liable for refunding disputed ATM withdrawals, for example if they believe the person withdrawing was not the cardholder, or if they think you may have walked away from the ATM before noticing your mistake. I'm not aware of any legal obligation to share or even review CCTV footage, usually the ATM audit along with a physical check of the balance is enough for them to come to a decision.
    : )
  • JamesA999 wrote: »
    Eskbanker,

    I think you owe hellohoney an apology and as you know so much from your post above help in resolving the issue after you got in the way of the ends of justice being met.

    Cc'd Crown Prosecution Service

    Regards.

    James

    Seriously?
    What is wrong with some people...

    Cuckoo....
  • JamesA999 wrote: »

    Cc'd Crown Prosecution Service

    Regards.

    James
    Eh? :rotfl:
  • eskbanker
    eskbanker Posts: 30,993 Forumite
    First Anniversary Name Dropper Photogenic First Post
    I'm not aware of any legal obligation to share or even review CCTV footage
    See section 5.2.3 of https://ico.org.uk/media/1542/cctv-code-of-practice.pdf, although the ICO points out that this document still hasn't been updated since the Data Protection Act 2018 came into force.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards