Author Topic: Redrow Homes Subject Access Request  (Read 7575 times)

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Sarah

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Redrow Homes Subject Access Request
« on: November 19, 2013, 08:32:10 am »
I am new to the forum and I stumbled upon the "Subject Access Request" Template Letter which I see you have previously mentioned and I have used it as I have (like many) no joy with getting some issues fixed.

Except I changed one paragraph regarding the fee....

"If there is a fee required, please could you let me know the cost first. I will then inform you whether we are content to pay this fee for the request to be carried out"

This is the response I received:
 
"I have been instructed by Redrow Homes Ltd to deal with your Subject Access Request.
I should be obliged if you would make the application in the correct format and, in particular, forward to me the prescribed remittance together with a breakdown of the documentation you require"


I am not entirely sure what is meant by this as I am under the impression that I am to get everything they have from my plot/home file as indicated in the template letter. So I am wondering if anyone would be able to help/advise on my reply to this as I am not entirely sure what I should be listing as I would like all the information and don't wish to miss anything out which could be vital for my case. Judging by their reply they either don't really know or trying to make it difficult.

I am very desperate to get my house fixed due to my warranty policy coming to an end with the developer.



Philofacts

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Re: Redrow Homes Subject Access Request
« Reply #1 on: November 19, 2013, 09:23:37 am »
As it states on the Subject Access Request Page:
"Post your request letter together with a cheque for £10 by recorded delivery".
You need to pay £10, which is the maximum amount stipulated in the DPA 1998, and the builder then has 40 days to comply. Failure to comply with your request is a clear breach of the Data Protection Act 1998.

So you need to pay £10 which is why it is included in the Template letter.

The template letter is in the correct format and you are entitled to EVERYTHING that Redrow have regarding you and your particular plot.
This must include all internal e mails between Redrow members of staff and Redrow sub contractors.
The template letter is, in my opinion quite clear.

I can only assume that Redrow are stalling and trying to get you to do a list of a few documents in the hope that the more revealing information, you are unaware of is not disclosed. Either that, or as you state the person who replied is not the data controller for Redrow.

All you can do is send the template letter again perhaps adding:
"Please find enclosed cheque for £10. To avoid further confusion regarding the information I require, my 'Subject Access Request' is for Redrow to provide is a copy of every document Redrow have regarding both myself and my plot. I would point out that deliberately withholding any documents would be an offence under the Data Protection Act 1998"
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Mugen

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Re: Redrow Homes Subject Access Request
« Reply #2 on: December 29, 2013, 07:26:38 pm »
I too used the subject access request letter and managed to get some information on the property. Whilst I was able to obtain some information it would only appear that the information about the property is where I can be identified. So it would seem unless I can clearly be identified they have not provided about the property/plot.

On their reply they stated that they are not sure what I mean by all correspondence relating to my property. They also state that they have not included technical docs, relating to the plot such as construction drawings, plans, specifications as they claim its outside the scope of the Data Protection Act.

From my understanding the subject access request was to obtain information about my property with or without me identified.

With particular reference to the part about  "all correspondence relating to my property"  since they don't know what I mean and since receiving their reply I am little confused about it too. Would someone be able to elaborate on this and if possible how I would reply as they are only giving information where I am identified?

Thanks

Philofacts

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Re: Redrow Homes Subject Access Request
« Reply #3 on: December 30, 2013, 10:35:35 am »
You should receive all information about you and your property that is in their Plot File.
This includes e mails between their own staff, letters to contractors that  relating to matters specifically concerning you or your home.  Your name does not need to be stated.

However, the construction working drawings, technical specifications and structural calculations would be beyond the scope of a Subject Access Request in my opinion as they could be adjudged intellectual property.
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Mugen

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Re: Redrow Homes Subject Access Request
« Reply #4 on: December 30, 2013, 09:43:21 pm »
Thanks Philofacts for your response on this.
I will write to them again!

Mugen

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Re: Redrow Homes Subject Access Request
« Reply #5 on: January 23, 2014, 10:59:01 pm »
I have just got a reply back

"thank you blah blah blah...... I understand from my client company that we have disclosed the all pertinent documentation and complied with our obligations under the data protection act"


So they stood firm and did not give me anything further. Currently I only have information where I can be identified by name and nothing more. I also know for sure that there are email exchanges missing between myself and them.

I looked over the ICO website and spoke to them too but seems nothing much I can do to cause significant impact to getting more out of the builder. The ICO just advised that we fill in the complaints form but there is little they can do either. All they can do is to advise them on how to improve the way of handling these type of cases in the future, which obviously doesn't help.

So it seems that there is no way to get any more information from the looks of it. Unless of course you have some other tricks up your sleeve  :)


New Home Expert

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Re: Redrow Homes Subject Access Request
« Reply #6 on: January 24, 2014, 07:15:02 am »
I am not sure that the ICO don't fine companies that breach the data protection regulations. It is rare and depends on the type of breach and how serious it was, normally based on the number of people affected, like a database being left on a train or account details of a bank customers.

Sadly it is true that in cases such as this, the ICO rarely take any action other than to insist the company concerned improve its processes and systems to prevent further breaches.  Private companies do not even get named and shamed on the ICO website if the case against them is proved either.

But...................... this is not to say you shouldn't make an official complaint to the ICO.
They will investigate eventually; it can take upwards of a year.  They will also write to you with their findings.
As the ICO have legal powers to investigate, it would be my guess that Redrow would release everything to you, just to be sure, as soon as they get the initial notification from the ICO regarding your complaint.

If as you say e-mail you actually already have were not released they have clearly not complied with the Data Protection Act.  I would suggest to reply to whoever wrote to you saying "my client company that we have disclosed the all pertinent documentation and complied with our obligations under the data protection act" as it would appear they are using a third party to deal with this.
I would advise that you ask if the third party would prefer to be named on your complaint to the ICO which you will be making in 14 days time should you not receive all the information you are entitled to under the DPA.

At the end of the day "bad things happen when good people do nothing."
It will only take you an hour or so to make an official complaint to the ICO and it will only cost you the price of a stamp.

If Redrow have to train swathes of staff and change their procedures and staff manuals it will cost them a great deal of time and effort, perhaps enough to stop others having as much trouble as you have done!

It would appear that when it comes to a Subject Access Request,  Redrow are somewhat defensive and evasive which then poses the question:  What are they trying to hide?
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