Not upheld: data privacy concerns and complaint handling complaint against Santander UK Plc

Decision detail

Summary

Ms N complained to Santander and subsequently the FOS about staff knowledge of her shopping habits, unwanted contact methods, and poor complaint handling including failure to provide final responses. Santander apologised, paid £50 compensation, and committed to sending letters by post. The ombudsman found no evidence of unfair data use or staff awareness of shopping habits prior to Ms N's disclosure, and determined that complaint handling is not a regulated activity and therefore outside its jurisdiction. The complaint was not upheld and no award was made.

The Ombudsman's reasoning

The ombudsman found that the Santander adviser asked Ms N about her spending and shopping habits as part of a discussion about suitable accounts, rather than demonstrating prior knowledge. The adviser allowed Ms N to explain her shopping arrangements without indicating advance awareness. Santander's access to spending data through account statements is within its legitimate boundaries under terms and conditions. Complaint handling is not a regulated activity and therefore falls outside the ombudsman's jurisdiction.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website