It seems that it's not only lenders like the Halifax and Abbey National (as described in earlier postings) that are attempting to re-write the Data Protection Act. Their agents seem to be at it as well!

As part of my alleged negligence dispute with the Halifax I had served a DPA Subject Access Rights Request on Fox & Sons Estate Agents (Part of the Royal and Sun Alliance Group), as they had acted for the Halifax in what I have alleged is negligence during the valuation and marketing of the property. Surprise, surprise, not the usual "please tick the boxes for which type of data you want. Oh and by the way, sorry that not all the boxes are there". Neither was it the "No problem, If you want it all just send #120".

No - This time it was that they could find no trace of me after searching their computerised records! The reason they gave was to imply that Fox & Sons did not use computers. They never actually stated it but used the fact that the disclosure of paper records only takes effect from October 2001 and although they're currently in the process of making these accessible, a search at the current time would not be capable of isolating my information!

Luckily I'm not as dumb as they'd like. I have read the 1998 Act and I believe that "Distributed Processing" is not excluded. i.e. if a company registered under the act keeps personal information regarding any data subject on a PC or network then that data comes under the act (Wherever physically located).

I have informed Royal and Sun Alliance Group's Data Protection Liaison Officer of these facts and that I could not believe it was plausible that Fox & Sons still use typewriters or only pen and paper in the year 2000. I have stated that they should search Fox & Sons computers and that my request is still valid. I wonder what their next reply will be? I wonder if they will be in discussion with the Halifax on this matter? Who knows?

It makes you think though doesn't it? Are the staff in that Estate Agents' office actually watching televisions all day and how come they have keyboards attached?

To be serious though, if they try to restrict my rights again I will be sending a complaint to the Data Protection Commissioner as I have already done regarding the Halifax. We must never let the rights given to us by parliament be eroded by the likes of large corporations!

Regards,

-- Tony Hayter (Tony@Hayter.com), October 13, 2000

Answers

Well said Tony Hayter ! Keep at 'em !

-- Vic Harper (victorcharper@aol.com), October 13, 2000.