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SAR - order to comply and excemptions

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  • SAR - order to comply and excemptions

    Hi -
    Would anyone mind providing some advice in a context of a SAR please:

    The SAR was sent to a public authority which failed to comply within the 40 days. Following a LBA an application for an order to comply was submitted to the CC and since then the situation is slightly stuck - i.e. it seems the CC is sitting it out, they have listed it though they haven't made an order for the public authority to comply and each time one enquires regarding the status of the order, further piecemeal information is delivered the following day...

    Now the questions are:

    How to get the CC to issue an order as quickly as possible and to which extent is the public authority permitted to redact staff names as part of the SAR response?

    References to the relevant sections in the legislation would be most appreciated.

    Many thanks !!!
    Last edited by JCE; 23rd June 2017, 14:17:PM.
    Tags: None

  • #2
    Re: SAR - order to comply and excemptions

    Hi JCE.

    s35 of the Data Protection Act may assist you.
    Some general info from the ICO - https://ico.org.uk/for-organisations...on/exemptions/
    s35 - http://www.legislation.gov.uk/ukpga/1998/29/section/35
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #3
      Re: SAR - order to comply and excemptions

      ----
      Last edited by JCE; 3rd July 2017, 21:23:PM.

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      • #4
        Re: SAR - order to comply and excemptions

        Originally posted by JCE View Post
        ... it seems the CC is sitting it out, they have listed it though they haven't made an order for the public authority to comply and each time one enquires regarding the status of the order
        Only realised now that as the CC's clerk used a N205c-form for the notice of issue - is that the correct form?

        It appears that normally for a non-money claim it would have to be a N205a-form where the bottom section can be detached to request the CC entering default judgement.

        Elsewhere someone mentioned they used a N255 form to request entering default judgement.

        How can I request the CC now to enter default judgement - it is way beyond the 14 day delivery period - I presumed this would be processed under a CPR part 7 procedure?

        Do have to ask the CC clerk to send me the N205a notice of issue instead or can I simply use the bottom of the N205a/b form for requesting entering default judgement or which other form?

        Many thanks!!!

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