Deceased Person SAR and GDPR

Starfruit25

Afternoon all,


Just wondered if anyone could advise if there is any other legislation under which I could have access to my deceased Mothers bank account records. As apparently Barclays are unable to complete my Data Request as under GDPR process "We are unable to action requests for a deceased person".
Signed The Manager Barclays General Data Protection Regulation Team.


I have already been given information in prior letters from Barclays regarding my late Mothers accounts (she had a mortgage, loans, an overfraft and a Barclaycard). They admitted that from their limited records there was redress of £600. I was then informed (on telephone) that the PPI team only have very limited information and if I made a SAR then more information could be forthcoming.


So I sent in a request and received the above rejection. I have reason to believe my Mother had further accounts with PPI but feel that Barclays are now hiding behind GDPR as a refusal to supply information.


I would be very grateful for any insight or advice relating to this. I have not accepted the £600 redress offer.


Thank you in advance.

brettcta

Not accepting Their initial offer is simply cutting off your nose to spite your face. It won’t prejudice any future complaints.

Have you submitted evidence that you have the right to deal with your mother’s estate?

BoGoF

Nobody is hiding behind anything. If you have proof you were executor of the estate then provide it.

SonOf

"We are unable to action requests for a deceased person".

Not strictly true overall but could be correct in the right context.

The executor of the estate has the legal right to act on the behalf of the estate. However, family members do not unless they are the executor.

So, are you the executor?

Starfruit25

Of course I did. They wouldn't release any information otherwise!

Starfruit25

I have already provided that information and if you had read my initial enquiry correctly you would have known that. Further that is not what I asked!

Starfruit25

Finally someone who understands the question and is not rude.

My sister and I were joint executors and have already provided this information.

Thank you.

BoGoF

What exactly did you provide as evidence?

And did you send this with SAR request?

SonOf

Starfruit25 wrote: »

Finally someone who understands the question and is not rude.

My sister and I were joint executors and have already provided this information.

Thank you.

They are correct in that the GDPR does not apply to a deceased individual. However, in reality, most banks have not blocked requests for information when it is the executor that has asked for it. That said, a major blocker in these things as that the files of deceased individuals do tend to get destroyed more quickly if there is not a spouse/partner that continues the business relationship with the bank.

I was then informed (on telephone) that the PPI team only have very limited information and if I made a SAR then more information could be forthcoming.

The destruction of records seems to be an issue here. I suspect you have had a slight fob off by the person from the PPI team. The PPI team should have sufficient info to deal with a PPI complaint and not require you to do a DSAR. The person possibly told you this just to get rid of you as if you enquired again, its unlikely they would be the one you speak to. Sadly the staff quality in these areas leave a lot to be desired and many are actually contract workers or work for a third party.

Barclays have actually been very good in respect of old data and actually brought old archived records back on to their systems to aid with PPI complaints. So, it's likely that what the PPI team can see now is the extent of what they actually have. That would have been different some years ago but not now.