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Originally Posted by Chrysalis
The banks are still breaking the law then by (a) not complying and (b) pretending the law is something different.
What would happen if someone took their above statement to a court?
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Firstly you'd have to get to court, 99.99% of cases never see court and are settled beforehand.
If you got to court the court would read the exact same section of the DPA as copied above. There is nothing in the exemptions precluding any records held for the previous six years.
If a bank can make records available to the Information Commissioner if asked to do so in order to prove to him that they are meeting their statutory obligations and complying with the Act then why can't they make them available to a customer under the Act?
That is the question a claimant or judge / magistrate would ask.
From the bank's perspective there is no answer which would defend any such position having been adopted by them when dealing with customer requests under the DPA.
To attempt do so would draw into doubt whether or not they were complying with the Act at all.