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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I have had copious amounts of personal financial information

Resolved Question:

I have had copious amounts of personal financial information handed from my bank to the CSA Who then handed it to my husband's ex partner without my knowledge or consent. What are my rights?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

This sounds like a serious breach of data protection law. Can you give me more detail on what was handed over, when and precisely how and in what circumstances? Also what explanation has been either asked for or provided by the CSA?
Customer: replied 3 years ago.
The CSA obtained several years bank statements from our joint account and then sent unedited copies to my husband's ex partner in the interests of transparency during an investigation by the tribunal division of the CSA. I first became aware of this on receiving a detailed critique of my earning potential composed by my husband's ex partner and forwarded to the CSA. A member of the complaints resolution team has conceded to me during discussion that my rights have been ignored and promised a written response 2 weeks ago. I have received no further correspondence from them. Thank you.
Expert:  JGM replied 3 years ago.
Was this a First Tier Tribunal Appeal following a decision of the CSA?
Customer: replied 3 years ago.
I have no idea. The tribunal made a judgement over 18 months ago and we are currently revisiting this through a lawyer. I understand that the judgement cannot be overturned. My concern is for my personal rights during the process- I appeared to have none.
Expert:  JGM replied 3 years ago.
The reason I ask is that you refer to "the tribunal division of the CSA". The CSA has no tribunal division. There is a Tribunal system which deals with appeals from determinations of the CSA to which both parties can lodge documents. I am trying to determine what procedure there may be whereby your husband's ex partner came into possession of the documents you refer to. Normally in a court or a tribunal system both parties are given copies of productions that are relied on. However that doesn't explain how the CSA came into possession of your bank records to start with.

Please ask your bank for the basis upon which they handed over this material and let me know.
Customer: replied 3 years ago.
That all sounds very familiar. Thank you for your time. I will contact my bank and get back to you.
Expert:  JGM replied 3 years ago.
OK
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