# We have withheld documentation...



## AAM_User (17 Nov 2015)

Got my Standard Access Request documentation through this morning from PTSB.  Two huge envelopes containing approximately 3 lbs of paper each. 

Anyway, on the cover letter is a note that says "_We have withheld documentation that is considered legal privilege as per sections 5 (f & g) of the data protection acts 1988/2003._"

These are the two paragraphs:

_(f) consisting of an estimate of, or kept for the purpose of estimating, the amount of the  liability of the data controller concerned on foot of a claim for the payment of a sum of money, whether in respect of damages or compensation, in any case in which the application of the section would be likely to prejudice the interests of the data controller in relation to theclaim,_

_(g) in respect of which a claim of privilege could be maintained in proceedings in a court in relation to communications between a client and his professional legal advisers or between those advisers,_​
Anyone know why they are allowed withhold?



PS
I take great pleasure in the fact that it cost me €6.50 to request it & cost them €20 just to post it!


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## Bronte (17 Nov 2015)

I like the bit in red !.  I don't even understand the English in f)


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## MrEarl (17 Nov 2015)

AAM_User said:


> ....
> 
> PS
> I take great pleasure in the fact that it cost me €6.50 to request it & cost them €20 just to post it!



Sadly, as long as the Bank remains in State hands with significant money due back to the State before it can be moved on, it's ultimately a cost for the State I'm afraid !

That said, you are perfectly entitled to a copy of all records and I support you for obtaining them.

I have seen information redacted on documents, but not documents actually withheld, so would also be curious to learn what might be withheld in this instance.


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## kaza (17 Nov 2015)

What exactly do those two paragraphs mean?


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## Setanta12 (17 Nov 2015)

They won't disclose that info to you as it will give you info on how much they think they might end up paying by way of compensation or damages etc.


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## Gerry Canning (17 Nov 2015)

Kaza,

Probably some comments were added that had nothing to do with mortgage /rates/repayment.
Because these comments could possibly be used in any future claims they are not included .
That said, we can only assume Mr Bank withheld info that had nothing to do with terms of mortgage or payments etc.

Comments are not part of contract.


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## Jim2007 (17 Nov 2015)

kaza said:


> What exactly do those two paragraphs mean?



You can not use the DPA to obtain information which would normally require a discovery order by the courts.


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## Suz2015 (10 Jan 2017)

Hi, I made a DataAccess Request to PTSB for my information as I was part of the Tracker Redress. I received the results but never received letters I would have received in the past regarding rate changes or annual statements, etc. Is this correct that these items were withheld as I was of the understanding I would receive all data on my file??


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## MrEarl (13 Jan 2017)

Suz2015 said:


> Hi, I made a DataAccess Request to PTSB for my information as I was part of the Tracker Redress. I received the results but never received letters I would have received in the past regarding rate changes or annual statements, etc. Is this correct that these items were withheld as I was of the understanding I would receive all data on my file??



My understanding of a "DAR" is that it entitles you to a copy of all records held on the Bank's file regarding you or your circumstances. I would have thought the documentation you are referring to is more of a general nature and would not have been provided within the contents of a DAR request, but is equally available upon general request.  Have you asked for such things as loan statements, copies of notification of rate changes etc ?


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## Monbretia (13 Jan 2017)

I think things like statements or rate change letters and other random mailshot type letters that are spewed out by a computer would not have an actual physical copy in your file.   Second copies of these would not be printed and individually filed in mortgage files.


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