SECTION 10 NOTICE If a DCA is chasing you for a debt and they have no paperwork, then they have no right to process your data You MUST send them a SECTION 10 NOTICE to stop them processing your data. They must reply within so many days to either confirm they are a) going to stop processing your data or b) carry on processing your data, either way they MUST reply to you. If they do not reply you can take them to court over this. It is a serious offence for them not to reply legislation.gov.uk/ukpga/1998/29/section/10 Data Protection Act 1998 - Section 10 So please use this, but remember It is a template and should be edited to your own personal needs. When requesting the OC/DCA to stop processing your details you should also explain the reasons why Please read the important information supplied by Baltic and Faljay and the bottom of this page! Mr Debt Free 21 Freedom House Debt Free Street Debtfreeland AA1 1AA 18 February 2014 Re: Your Client – Scummy Debt Collections Ltd Reference: 294782762 Dear Mr/Mrs Debt Collector NOTICE ISSUED PURSUANT TO SECTION 10 OF THE DATA PROTECTION ACT 1998 I write pursuant to my rights granted by Section 10 of the Data Protection Act 1998. I hereby give you notice that you must, within the time periods prescribed below, permanently cease, processing all personal data of which I am the data subject. If you do not normally handle Data Protection notices for your organisation, please pass this notice to your Data Protection officer or another appropriate official. THE MEANING OF THIS NOTICE For the avoidance of doubt this notice requires you to do all of the following: (1) within 3 days of receipt of this letter to cease or not to begin to: (a) obtain; (b) record; or (c) hold, any personal data of which I am the data subject (“my personal data”); and (2) with immediate effect to cease or not to begin to carry out any operation or a series of operations involving my personal data including operations that would amount to the: (a) organisation, adaption or alteration; (b) retrieval, consultation or use; (c) disclosure by transmission, dissemination or otherwise making available; or (d) alignment or combination, of information or data. GROUNDS FOR NOTICE My grounds for giving you this NOTICE are: (a) the processing of my personal data by you is causing or is likely to cause substantial damage to me and any person residing with me; (b) the processing of my personal data by you is illegal as you do not have my consent. (c) the processing of my personal data is illegal as we do not have a contract. (d) the processing of my personal data is illegal as you have no legal obligation that applies to your organisation. (e) the processing of my personal data is illegal as it is not necessary for you to protect my vital interests. (f) in any case the damage and/or distress is unwarranted. NO EXEMPTION FROM THE PROVISIONS OF SECTION 10 OF THE DATA PROTECTION ACT 1998 You are not excused compliance with this NOTICE under the provisions of Section 10(2) of the Data Protection Act by virtue of the reasons set out below: (1) I have not given you my consent to process my personal data. (2) I am not a party to a contract with you. (3) You have no legal obligation with which you must comply and which would permit you to process my personal data. (4) No processing undertaken by you could be undertaken to protect my vital interests. WHAT YOU MUST DO NEXT In any event you must within 21 days of receiving this NOTICE give me notice in writing stating: (1) you have complied with the provisions of this NOTICE in full; or (2)(a) you have complied with the provisions of this NOTICE in part , stating which parts; and (2)(b) as to the parts not so complied with, your reasons for not doing so, including evidence that you can substantiate. WARNING CONSEQUENCES OF FAILURE TO COMPLY WITH THIS NOTICE Should you fail to comply with the provisions of this notice, I reserve absolutely the right to obtain without further reference to you a county court or High Court order to compel you to comply with this notice together with an order that you pay my associated legal costs in full and for me to make an application for damages associated with your unlawful processing of my personal data ---------------------------------------------------------------------------------------------------------------------------------------------------------------- Post by Baltic » Tue Mar 18, 2014 9:42 am Section 10 notice is a grand idea and another tool in our arsenal, however, if used incorrectly it becomes to a degree a pointless exercise. Simply sending a section 10 template isnt sufficient to ruffle feathers or gain the expected response. DCAs will and do simply disgard section 10s that are not personalised to the individual. Like everything once somethings use becomes an expectation and more commonly the norm, rather than the exception, those in reciept will seek means to dispel their use. Take a look at this exert from the Data protection Act 1988 (section 10) Right to prevent processing likely to cause damage or distress. (1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons— (a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and (b)that damage or distress is or would be unwarranted. (2)Subsection (1) does not apply— (a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or (b)in such other cases as may be prescribed by the [F1 Secretary of State] by order. (3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice— (a)stating that he has complied or intends to comply with the data subject notice, or (b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it. (4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit. (5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part. Pay particular attention to the wording in section 1 sub sections (a) and (b) If you dont show cause by adapting the S10 template and addressing the issues in subsection a + b in all likelyhood you will glean a we are lawfully processing your data response. I know this response isnt what you want to hear and you should further the response to the ICO if process guidelines are not adhered to but I would strongly suggest a personal addition to the Section 10 request specifically addressing S1 a + b. Your then forcing the data controller to address and counteract reason specific responses or blatantly fail to address the issues detailed. Either way they respond further strengthens your individual position and provides a much stronger case which in turn should prompt the ICO to take the matter seriously and hopefully expend more investigative effort on a resolve. The more informative the complaint the more likelyhood it will be addressed seriously. Just playing devils advocate, it seems to me generic section 10 notices are being fired off without any individuality and more importantly not personally addressing cause, damage and distress. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Post by Faljay » Tue Mar 18, 2014 9:49 am I would add to part 1 a and b, that the distress is due to causing a lack of ability to obtain credit due to their wrongful processing of your data, in that it is likely to cause undue stress to your ability to continue to, or obtain, credit. And, as they have failed to provide proof via a Deed of Assignment, that they are not entitled to process your data or act as a data controller, without said proof of ownership of the agreement. ------------------------------------------------------------------------------------------------------------------------------------------------------------------- So there are two examples to think about when sending your SECTION 10 NOTICE
Posted on: Wed, 03 Sep 2014 21:34:56 +0000
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