mbna say they have no records.....

jonesMUFCforever

No where on this thread has the OP explained if she had PPI why it was missold?

brettcta

jonesMUFCforever said:

No where on this thread has the OP explained if she had PPI why it was missold?

Doesn’t really matter at this point but yes, it’s a good spot.

phillw

Deleted_User said:

It's a breach of the DPA, which leaves you subject to very significant fines. The levels of those fines have increased dramatically in the wake of GDPR and companies have largely scrambled to be on the right side of the law, keeping only the data they need, for the purposes they collected it for.

Halifax say:
https://www.halifax.co.uk/securityandprivacy/privacy-explained/data-privacy-notice.html

"We may also keep your data for longer than 10 years if we cannot delete it for legal, regulatory or technical reasons. As an example, we have to hold pension transfer information indefinitely; and in cases of subsidence* we will keep insurance claims data for up to 15 years after you stop being a customer."
The interesting point there are the unspecified "technical reasons". If you agree to their T&C then I don't see why that would violate the DPA or GDPR if there were "technical reasons" why they didn't delete your data.

[Deleted User]

That's precisely the point I'm making.

Data can only be held for as long as there is a justifiable reason to do so.

Technical reasons simply relates to any other reason meaning it can't be deleted. It's not a catch all for 'we don't feel like it'. That reason still need to be justified.

dunstonh

The interesting point there are the unspecified "technical reasons". If you agree to their T&C then I don't see why that would violate the DPA or GDPR if there were "technical reasons" why they didn't delete your data.

There has to be a requirement to retain data.   The FCA set some guidelines on documentation retention and with high risk pension transactions, it is longer than the norm because of the potential time it can take to find out there is a problem.   For routine transactions, it is 6 years with most things.

We keep all our advice records indefinitely as there is no long stop on financial advice.  So, we can use the legal and regulatory reason for retaining it indefinitely.   If there was a 15 year long stop, then it would be 15 years instead.   

Where no advice is given, it gets deleted after 6 years.  However, we use the technical reason on our GDPR statement to cover documents which are for things other than regulatory or legal but useful for service purposes which we retain whilst the person is a client but destroy if they cease.   Using the word "technical" is a bit of catchall for those sorts of things.  Not a "feel like it" excuse.