What is the difference between a CIFAS and a SIRA marker?

CIFAS and SIRA markers are both fraud prevention tools used across the UK’s financial services sector. They are used in separate databases, however, and are managed by different organisations and operate under different rules. Both can cause severe disruption in situations where the affected individual attempts to obtain insurance, banking products or credit. This article explains the key differences, how each marker is placed and how to challenge them individually.

What are CIFAS and SIRA markers?

A CIFAS marker is a fraud indicator used by the National Fraud Database, which is managed by the UK’s leading fraud prevention service – CIFAS. CIFAS is a not-for-profit membership organisation whose members include banks, insurers, lenders and other financial organisations. When a member identifies or suspects that an individual has committed or attempted to commit fraud, it may file a marker against that person.

A SIRA marker, by contrast, is used by the National SIRA database, operated by Synectics Solutions. This is a commercial data analytics company which originally focused on the insurance sector but has now been expanding across other financial services. When a member organisation suspects an individual has been involved in fraud, it may record a marker on the database. Unlike CIFAS, Synectics Solutions acts as a data processor rather than a data controller, holding the data on behalf of the member organisation that has placed the marker.

Both types of markers serve as fraud warnings shared across a network of organisations. However, they differ in important ways, including who manages the database, the standards applied before a marker is placed and the routes available for challenging them.

How do CIFAS and SIRA markers differ in practice?

Although both markers flag an individual as a potential fraud risk, there are several practical differences that are important to understand:

• Database operator and governance: CIFAS acts as a data controller and sets out the filing standards members must meet before placing a marker. Synectics Solutions, by contrast,acts only as a data processor for the SIRA database, so the member organisation that places a marker retains greater control over the data.
• Filing standards: CIFASrequires member organisations to demonstrate a sufficient evidential basis before a marker can be recorded. SIRA markers can be placed based on a broader range of indicators and suspicions, and the threshold for placing a marker may be lower.
• Retention periods:both CIFAS and SIRA markers are typically retained for up to six years, though SIRA retention may vary depending on the placing organisation’s policies.
• Practical consequences: both markers canlead to the refusal of insurance cover, declined bank accounts, rejected credit applications and delayed or refused  Individuals may be affected by both markers simultaneously, often realising it only when a product or service they request is refused.

Risks and common mistakes when challenging CIFAS and SIRA markers

Challenging these markers is possible, but there are common errors that frequently undermine any efforts to do so:

• Confusing the two databases:a common mistake is assuming a CIFAS marker and a SIRA marker are the same, or that removing one marker would automatically resolve the other one. As they are used by separate databases, each marker must be challenged independently.
• Directing the challenge to the wrong organisation:a CIFAS marker should be challenged with CIFAS, and the procedure may involve the relevant member organisation justifying its placement or removing  A SIRA marker, however, must be challenged directly with the member organisation that placed it, since Synectics Solutions is only a data processor. Approaching the wrong entity can cause significant delays.
• Failing to submit Subject Access Requests:you should submit Subject Access Requests (SARs) to CIFAS, Synectics Solutions and any suspected member organisation to understand what data they hold and whether there are grounds for a challenge.
• Delay intaking action: markers can remain on file for up to six years, and any delay will worsen the damage to your access to financial products. Prompt action is essential.
• Not understanding the legal framework: the right to challenge both types ofmarkers derives from rights under the UK GDPR and the Data Protection Act 2018. Many individuals fail to invoke these rights effectively.

The Gherson perspective

At Gherson, we regularly advise clients affected by markers on the CIFAS National Fraud Database or the National SIRA database. Many markers are placed without adequate justification or a giving the affected individual a fair opportunity to respond. We have successfully secured the removal of markers from both databases by engaging with CIFAS, Synectics Solutions and originating member organisations.

If you suspect you may have a CIFAS or SIRA marker against you, obtaining legal advice as early as possible is paramount. Understanding which database holds the marker and what rights are available is critical to mounting an effective challenge.

Frequently Asked Questions

Can I have both a CIFAS and a SIRA marker at the same time?

Yes. The two databases are entirely separate, and it is possible to have both markers simultaneously. This can happen when multiple organisations in different sectors flag the same individual. Each marker must be investigated and challenged independently.

How do I find out if I have a CIFAS or SIRA marker?

You can submit a Subject Access Request (SAR) to CIFAS and to Synectics Solutions. Under the UK GDPR, both organisations are required to respond within one month and provide you with a copy of any personal data they hold about you. This will confirm whether a marker exists and provide details about the basis on which it has been placed.

Are CIFAS and SIRA markers the same as a criminal record?

No. Neither a CIFAS marker nor a SIRA marker constitute a criminal conviction, a caution or any form of criminal record. Both are private-sector fraud indicators recorded by commercial or not-for-profit organisations based on their own assessments. You do not need to have been investigated, charged or convicted of any criminal offence for either type of marker to be placed.

How Gherson can assist

Gherson’s White-Collar Crime Team are highly experienced in advising on CIFAS markers, SIRA markers, fraud database disputes and data protection challenges. If you have any questions arising from this article, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay up to date.

This article forms part of our SIRA and CIFAS blog series.

Read our previous blog: SIRA (Synectics Solutions) marker: practical consequences and common mistakes when challenging the marker.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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