Data Protection Act 1998

Data Protection Act 1998

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I have taken IDs and proof of addresses from propective client in order to comply with the ML legislation and client acceptance procedures before signing the engagement. For some reason there was a disagreement and no engagement is signed.

The client is now requesting all documents he has provided to us. I think we are in no legal obligation to return the copies to the client instead to destroy them completely in order to comply with the data protection regulation.

Should I return the documents or to destroy them completely. By the way, all the documents are the copies of the originals.

Regards

Replies (5)

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By Mouse007
02nd Apr 2013 23:31

The Client ?

"The Client" and "no engagement is signed"

Make your mind up.

"is now requesting all documents he has provided to us" and "all the documents are the copies of the originals"

Return the originals then, the copies are yours (to keep (just in case) I would suggest).

Thanks (1)
Replying to Godwinc46:
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By wings12
02nd Apr 2013 23:46

Data Protection act 1998

Mouse007 wrote:

"The Client" and "no engagement is signed"

Make your mind up.

"is now requesting all documents he has provided to us" and "all the documents are the copies of the originals"

Return the originals then, the copies are yours (to keep (just in case) I would suggest).

 

All originals have been returned in the meeting and I do not have any originals. He also gave me the copies which he is now requesting. As far I know a person can demand his personal information from the data controller under data protection act. The data controller must delete/destroy the personal information if it is no longer needed. Since the prospective client is not a client any more, should I return it to him.

These two statements are confusing to me. 

When you say, "the copies are yours" what if he demand the copies which he has given to me and the data protection act 1998. How can these two will fit together?

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By Mouse007
03rd Apr 2013 00:21

and your problem is?

If they were his copies in the first place, they are his. Return them.

Personally I'd make copies (of his copies) first, just in case, as a record of that which was returned.

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By wings12
03rd Apr 2013 10:00

Thanks for your reply. Being an accountant I follow what exactly you have said take copy of the information I am sending in my file. He is asking something in writing (email) that I am not holding his information. 

If I copy something for me then, is it against the Data Protection Act?

 

 

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By Manchester_man
03rd Apr 2013 22:01

Waste of your time
Why waste any more time on this person?

He/she is NOT a client and by the sound of things (other thread) that situation is not going to change, nor do you want it to.

Don't waste another minute wondering/worrying, just move on. If the person has asked for his copies to be returned, just either post them back or don't. It really isn't worth bothering about.

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