Non-response to a SAR

[valgem34]

Re: Non-response to a SAR

Thanks R0b, I'm totally confused now, I want the cctv because it will show him and his bar manager assaulting me, he has lied to the police about having it and they believe him. He also put me on pubwatch which has caused me damage and has restricted my movements. I know that the cctv will exonerate me. I just want the cctv whichever way I need to get it but am confused as to which track to take. I was under the impression that an N1 would do it but obviously not

[ploddertom]

Re: Non-response to a SAR

I have done this in the past although a few years ago now. As it is classed as a non-monetary claim then the application costs are a lot higher. Also if you take Court action then the ICO needs to be informed and they will will end their investigation until the end of the case.As it is for CCTV evidence then the data controller does have the right to wipe and clear the tape/drive for further use - this should have been brought to their attention within 4 weeks of the event. In any case if you did not supply the obligatory £10 fee originally then there is nothing you can ask for other than to try issuing a private summons but you will leave yourself open to the issue of costs unless you can prove the event took place. He is ithin his rights to ignore you if you did not pay the £10.

Sorry to say but you may have to chalk this one down I'm afraid as if you have not complied by paying then a Judge will throw it out.

[charitynjw]

Re: Non-response to a SAR

I have done this in the past although a few years ago now. As it is classed as a non-monetary claim then the application costs are a lot higher. Also if you take Court action then the ICO needs to be informed and they will will end their investigation until the end of the case.As it is for CCTV evidence then the data controller does have the right to wipe and clear the tape/drive for further use - this should have been brought to their attention within 4 weeks of the event. In any case if you did not supply the obligatory £10 fee originally then there is nothing you can ask for other than to try issuing a private summons but you will leave yourself open to the issue of costs unless you can prove the event took place. He is ithin his rights to ignore you if you did not pay the £10.

Sorry to say but you may have to chalk this one down I'm afraid as if you have not complied by paying then a Judge will throw it out.

From ICO SAR CoP

You need not comply with a request until you have received thefee, but you cannot ignore a request simply because the individualhas not sent a fee. If a fee is payable but has not been sent withthe request, you should contact the individual promptly and informthem that they need to pay.

https://ico.org.uk/media/for-organis...f-practice.pdf

[ploddertom]

Re: Non-response to a SAR

It's only a Code of Practice and for each to interpret as they see fit. It may not go down well with the ICO but Court is another matter as it may depend on the Judge lottery and the attitude of the individuals concerned.

[valgem34]

Re: Non-response to a SAR

I have spoken to the ICO who confirmed they are happy for me to proceed with any court action I want and they will continue their investigation. Also, the SAR I submitted was pretty much the template supplied by the ICO which states "If you need any more information from me, or a fee, please let me know as soon as possible" According to the ICO the fee is not obligatory. He has not wiped the cctv as I've already explained.

[charitynjw]

Re: Non-response to a SAR

You could also ask the ICO to consider sending an assessment notice to the Data Controller.
S41A DPA 1998
http://www.legislation.gov.uk/ukpga/1998/29/section/41A