Not upheld: right to erasure and data retention complaint against Santander UK Plc

Decision detail

Summary

Mr M requested Santander delete his personal data in October 2025, exercising his right to erasure. Santander refused, stating it must retain data for 10 years after account closure (until July 2023) and could not provide specific statutory references. Mr M complained to FOS. The ombudsman concluded that while Mr M likely sought erasure to qualify for switching incentives, Santander's data retention policy was fair and lawful, and the right to erasure is not absolute. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman determined that while Mr M's right to erasure exists, it is not absolute. Santander's retention of data for 10 years following account closure was justified and fair. The ombudsman inferred Mr M's motivation was to appear as a new customer for switching incentives, but this did not change the fairness of Santander's position on data retention obligations.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website