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Response to Access to your MIG policy data

from Melody (mbc109@york.ac.uk)
OK - in that case please check through the letter below which I intend to send to the IC as soon as I get your feedback. Is this alright? I know the paragraph beginning "I would like..." is extremely weak, but it's the best I can do in the circumstances.

The Office of the Information Commissioner Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

8 January 2002

Dear Madam,

Mortgage Indemnity Guarantee Policy data In your letter of -- November 2001 (your ref: --/-----/-- - copy enclosed) regarding a contravention of the subject access provisions of the Data Protection Act by Citibank International Plc, you state

"[Citibank] confirmed that copies of all the information they hold as personal data about you were forwarded to you on - November 2001."

On perusing the material they had sent me, it became clear that in fact certain crucial documents were missing, a point I made to Citibank in a letter dated -- November 2001 (copy enclosed). In their response of - December 2001 (copy enclosed) they state

"We are not providing you with a copy of the Mortgage Indemnity Guarantee as you are not entitled to receive this information under the Data Protection Act 1998."

Please would you inform me whether this is indeed the case. The Mortgage Indemnity Guarantee is an insurance policy paid for by a mortgage borrower (in this case myself) to indemnify the lender (in this case Citibank International Plc) against a shortfall in case the mortgaged property should be repossessed and sold.

I would like to draw your attention to a recent case dealt with by the Office of the Information Commissioner concerning a mobile telephone company (One2One)'s refusal to provide location records to the person responsible for paying the bills for a telephone that had been stolen (see discussion on the Home Repossession website at: www.home-repo.org, Q&A page). In that case, you agreed that if an individual is responsible for paying for something, they are entitled to see data concerning it.

It seems clear that the principle extends to the case of Mortgage Indemnity Guarantees. Since it was me that paid for the policy, surely I am entitled to see data concerning it?

Thank you for your help with this.

Yours sincerely,

Thanks in advance for any suggestions!

(posted 8116 days ago)

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