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Old 08-11-2008, 06:55 AM
hellhasnofury hellhasnofury is offline
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Default Experian breach a SAR

Hello,

I have sent experian a SAR. They responded just after the 40day timelimit, by sending me a current copy of my credit file, that would have cost me 2 instead of 10.

I sent them an e-mail on the 1th October, informing them of their responsibilies in the provision of data of 6yrs and to supply 6years worth of info. I know in 2002 to 2006 my crdit worthiness was squeaky clean, all finance companies wanted to give me money, but after the p** fan scenario in 2006 There has been many changes in accounts, creditors, balances etc etc

No response Read Receipt only

Send another e-mail on the 1st November giving them a week and again nothing to date. No response only the read receipt.

Complaint form filled out for the ICO and going Monday.
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  #2  
Old 08-11-2008, 07:23 AM
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Dragonlady Dragonlady is offline
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I am wondering if the Credit File is the only thing they have on you? Their subscribers do it all on tape or by computer to update records, so an indivialual record might not be possible. Just thinking out aloud here
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Old 08-11-2008, 12:45 PM
sparkie1723 sparkie1723 is offline
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Everyone can be 100% certain that a CRA has much much more info than what is shown on an individuals credit file.

Right down to the fact that if you have ever filled any kind of survey with anyone .....Experian will have a copy of it.

sparkie
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  #4  
Old 11-11-2008, 01:09 PM
hellhasnofury hellhasnofury is offline
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Quote:
Originally Posted by sparkie1723 View Post
Everyone can be 100% certain that a CRA has much much more info than what is shown on an individuals credit file.

Right down to the fact that if you have ever filled any kind of survey with anyone .....Experian will have a copy of it.

sparkie
Yes well according to Experian this is all the have to provide

Eventually received a response today regarding my 2 non compliance letters to them

Dear you

Thank you for your recent emails

I note your comments regarding your wait for your SAR and would advise that we provided all of this information in my letter of blah, blah


firstly I can confirm that there is noting within the data protection Act 1998 that pertains to the provision of data held over the last six years.. A Company is simply obliged to send all the information it holds about the requestor, regardless of how long they retain that data.

I will endeavour to answer your subsequent queries in the order in which they were asked.

1) We have provide you with all of the information that we hold about you, as required. I was unable to locate any credit reports from 2002, however if you can provide me with the reference number I will see if this report is still on our records.

2) We can only supply you with the information that we currently hold. We are only required to provide you with this information and coannot provide information which we no longer hold.

3) Previous searches are included in a sar if we have record of them. If these searches were made in the last 12 months, they will appear in your credit report. Any searches older that this which we have rocord of would have appeared in the 'archived Information' section of your sar that was sent to you on blah blah, however, we have no information relating to this.

So there you have it straight from the horse's mouth.

Wonder what the ico will have to say about this then

.
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  #5  
Old 11-11-2008, 01:32 PM
sparkie1723 sparkie1723 is offline
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If they keep information for "historic" purposes ( longer than six years) they have to provide a full explanation of the reason for keeping it who they supply it to ( and they must have a VERY GOOD REASON for keeping it) and also if they keep they have a duty to supply it.


5.7 Research, History and Statistics (section 33)
Save for clarifying that it includes statistical or historical purposes, the term “research purposes” is not defined in the Act.
Section 33 of the Act provides for various exemptions in respect of the processing (or further processing) of personal data for research purposes provided that the processing (or further processing) is exclusively for those purposes and, also, that the following conditions are met


the data are not processed to support measures or decisions relating to particular individuals; and
the data are not processed in such a way that substantial damage or substantial distress is, or is likely to be, caused to any data subject.
Where the exemption applies:
the further processing of personal data will not be considered incompatible with the purposes for which they were obtained, (see Chapter 3 at paragraph 3.13), and
personal data may be kept indefinitely despite the Fifth Data Protection Principle; and
subject access does not have to be given provided that the results of the research or any resulting statistics are not made available in a form which identifies data subjects.
It is important to note that even where the exemption properly applies, the data controller is still required to comply with the rest of the Act, including the First and Second Principles. The data controller should, therefore, ensure that, at the time the data are collected, the data subject is made fully aware of what the data controller intends to do with the data. If the data controller subsequently decides to process the data in order to carry out further research of a kind that would not have been envisaged by the data subject at the time the data were collected, the data controller will need to comply with the fair processing requirements of the Act in respect of this further processing.The exemption will not be lost just because the data are disclosed – 67
to any person, for research purposes only;
to the data subject or someone acting on his behalf;
at the request, or with the consent, of the data subject or someone acting on his behalf;
where the person making the disclosure has reasonable grounds for believing the disclosure falls within (a), (b) or (c) above.
As a matter of good practice, when processing for research, historical or statistical purposes, data controllers should always consider whether it is necessary to process personal data in order to achieve their purpose. Wherever possible, data controllers should only process data that has been stripped of all identifying features.



sparkie

Last edited by sparkie1723 : 11-11-2008 at 01:35 PM.
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