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  • Legal FAQs

    Subject access request

    Hi we recently asked our freeholder for recognition of our tenants association. 6 flats in a mixed use block,  We received the below late reply, after formally requesting recognition. Would this be grounds to send them a SAR as they say they have evidence on file? Also what would the best way to go about this, we have years of email trails so they shouldn't need to ID us.

    Thanks in anticipation


    Dear M ********,

    Upon receipt of your email dated **.**.18 I discussed the matter with our solicitors who confirmed that with the evidence we hold on file neither yourself or M****** are fit to be part of this proposed association.

    This is irrespective of our own views on the matter generally.

    I will pass on your email dated 13th instant to our solicitors for their perusal.

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    Oh definitely, id be eager to know what they have on file to deem not "fit to be part" of an association.

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    _________________________________________________________________________


    My posts are not financial advice but often me rambling - passing time on a coffee break.
    Our team at Bespoke Finance offers Limited Company Buy-to-Let and Cheap Life Insurance.

    _________________________________________________________________________

    Please keep us updated with this one, over the coming months & years.  Should be entertaining!


    Defo subject access request!

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    Thanks for the replies, we will definitely keep you posted on any progress.

    would the below template suffice our aims ?

    Thanks

    [my address]



                                                                                                                                                                                                                                                                                     [Their address]

    [Date]


    Dear Mr **************


    GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST
    ACCOUNT NUMBER XXXXXXXX


    Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

    Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

    This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you. 

    For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

    there is no applicable fee for this data disclosure – unless you feel that my request is manifestly unfounded, excessive or repetitive – in which case you have a duty to let me know without any delay.

    Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month.

    If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return however, you are not entitled to impose any formality upon me or to require that I complete any particular form or template before you comply with your statutory duty.

    I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.

    I also required to know whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.

    Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.

    If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the one month timescale has started.

    If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

    This may also lead to legal action in the county court and a judgement will then be forwarded to the FCA.

    Yours faithfully,


    ***********

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    I have to say that form letter reads very well. Please keep us updated... This is going to be interesting.

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    IHi again the freeholder has a few day left to answer my SAR, no reply as yet.

    However they have sent me a counter request below, I’m a sole trader and conduct most of my business on the phone or by meeting my tenants and others, I also don’t keep records for more than 7 yrs. Anyone have any advice on the below I note they signed it under their personal name, not the usual LTD Co but  are using the COs registered address.

    In consultation with the ICO please supply the data about me that I am entitled to under data protection law relating to:-

    All emails, correspondence and records from yourself and between yourself and your tenants and any other third party from the inception of your lease dated ****

    It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

    If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

     Thanks in anticipation

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    Received the response to my request today....


    Having discussed the matter further with the Information commissioner's office I set out below the personal data we hold on you:-

    my name 

    my address

    my email & mobile

    end

    I’m going to seek further advice from the ICO office.

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