Is the Data Protection Act being misused?

[Miss Marbles]

The reason I say this is; the POLICE are unable to get information out of the banks when fraud is involved, I know this because I received a phone call from a very confused policeman who is investigating fraudulent activity at Barclays bank.
A (legal) form was sent off to Barclays requesting that any information they had with regards to activities of the scammer's account has to be released by LAW.

After nearly a month of ignoring the police and causing the police to ring for this information (information they had 'freely' given to the FOS) Barclays are now saying they CANNOT share this information with the investigating officer.

The other fabrication that Barclays told the police was the account in question NEVER existed!!! Now, both the policeman and myself as well as a lot of other 'victims' of this dirt bag's actions know that this account existed and after my reporting it to Barclays they closed it, but not before a lot more people had been stung.

What is Barclays up to?

[leclerc]

Re: Is the Data Protection Act being misused?

The following document describes the circumstances for disclosing data. I would add that if the police are saying that they've been told that no account is held then they need to find out where your money went as it did not go into thin air.

https://ico.org.uk/media/for-organis...section-29.pdf

Page 11 onwards is probably the bit you need to read.

[Tools]

Re: Is the Data Protection Act being misused?

It's called covering their arses.

That they cannot release the data under DPA is bull, see exemptions under Section 29 of the Data Protection Act 1998, as is the denial that the account ever existed.

29Crime and taxation.

(1)

Personal data processed for any of the following purposes—

(a)

the prevention or detection of crime,

(b)

the apprehension or prosecution of offenders, or

(c)

the assessment or collection of any tax or duty or of any imposition of a similar nature,
are exempt from the first data protection principle (except to the extent to which it requires compliance with the conditions in Schedules 2 and 3) and section 7 in any case to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection.

(2)

Personal data which—

(a)

are processed for the purpose of discharging statutory functions, and

(b)

consist of information obtained for such a purpose from a person who had it in his possession for any of the purposes mentioned in subsection (1),
are exempt from the subject information provisions to the same extent as personal data processed for any of the purposes mentioned in that subsection.

(3)

Personal data are exempt from the non-disclosure provisions in any case in which—

(a)

the disclosure is for any of the purposes mentioned in subsection (1), and

(b)

the application of those provisions in relation to the disclosure would be likely to prejudice any of the matters mentioned in that subsection.

(4)

Personal data in respect of which the data controller is a relevant authority and which—

(a)

consist of a classification applied to the data subject as part of a system of risk assessment which is operated by that authority for either of the following purposes—

(i)

the assessment or collection of any tax or duty or any imposition of a similar nature, or

(ii)

the prevention or detection of crime, or apprehension or prosecution of offenders, where the offence concerned involves any unlawful claim for any payment out of, or any unlawful application of, public funds, and

(b)

are processed for either of those purposes,
are exempt from section 7 to the extent to which the exemption is required in the interests of the operation of the system.

(5)

In subsection (4)— “public funds” includes funds provided by any [F1 EU] institution; “relevant authority” means—

(a)

a government department,

(b)

a local authority, or

(c)

any other authority administering housing benefit or council tax benefit.

[Miss Marbles]

Re: Is the Data Protection Act being misused?

Yes to that tools.....They are so covering their arses! After much shilly shallying around they told the police that they will release the data AFTER they have done a full investigation, REALLY?!! I thought they had already given me TWO 'final' decision letters, one they sent to me and when the FOS giot involved the SECOND 'final' decision letter emerged, only this time it was sent to the FOS who forwarded to me. Of course it was worded COMPLETELY different and came from separate departments in Barclays. Another thing, they did not report the fraud (as they are duty-bound to by law) THEY signed up for such an agreement.

So, if they cannot release the information to the police, how is it Barclays bank wrote to me seeking my permission for them to share information with Jessica Gorst-Williams?...................... Time for me to put ALL the information I have into a HUGE envelope and send it off to the CEO of Barclays and not forget to include my MP and all the other national newspapers. I'm done playing Barclays' game of hide and seek!!!

[Tools]

Re: Is the Data Protection Act being misused?

You may also want to address a copy to Paul Horlick at Barclays too