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Hi,
I have contacted my local court to get a DSAR, or in other words, a copy of the Courts case file for a recent small claims case I had going on. Staff made multiple serious mistakes in the administration of things.
They directed me to the ministry of justice disclosure team. Who wrote:
"Your request has been passed to me because I have responsibility for answering requests relating to the personal data of court users. Your request has been handled under the UK General Data Protection Regulation (GDPR) and Part 2 of the Data Protection Act (DPA) 2018, because it relates to general processing of your personal information. I can confirm that the MOJ processes the personal data within the scope of your request. However, all the personal information you have requested is exempt from disclosure, under Schedule 2, paragraph 14(2) & (3) of DPA 2018, which states: (2) The right of access does not apply to personal data processed by— 2 (a) an individual acting in a judicial capacity, or (b) a court or tribunal acting in its judicial capacity. (3) As regards personal data not falling within sub-paragraph 2, the right of access does not apply to the extent that the application of the right of access would be likely to prejudice judicial independence or judicial proceedings. The purpose of this exemption is to maintain Courts’ and Tribunals’ management of such personal information. You may approach the appropriate Court directly to seek access to your personal data in accordance with the appropriate Procedure Rules. A letter of request would suffice in the first instance. The court can be contacted at:"
And then they gave me the court address.
I wrote an email, citing the above and asking for a copy of my case file, but the court has merely directed me back to the MOJ.
I told them it appeared both of them were purposely sending me round in circles. They won't do anything though.
What is going on?
How can I take this further? Anyone know?
I have contacted my local court to get a DSAR, or in other words, a copy of the Courts case file for a recent small claims case I had going on. Staff made multiple serious mistakes in the administration of things.
They directed me to the ministry of justice disclosure team. Who wrote:
"Your request has been passed to me because I have responsibility for answering requests relating to the personal data of court users. Your request has been handled under the UK General Data Protection Regulation (GDPR) and Part 2 of the Data Protection Act (DPA) 2018, because it relates to general processing of your personal information. I can confirm that the MOJ processes the personal data within the scope of your request. However, all the personal information you have requested is exempt from disclosure, under Schedule 2, paragraph 14(2) & (3) of DPA 2018, which states: (2) The right of access does not apply to personal data processed by— 2 (a) an individual acting in a judicial capacity, or (b) a court or tribunal acting in its judicial capacity. (3) As regards personal data not falling within sub-paragraph 2, the right of access does not apply to the extent that the application of the right of access would be likely to prejudice judicial independence or judicial proceedings. The purpose of this exemption is to maintain Courts’ and Tribunals’ management of such personal information. You may approach the appropriate Court directly to seek access to your personal data in accordance with the appropriate Procedure Rules. A letter of request would suffice in the first instance. The court can be contacted at:"
And then they gave me the court address.
I wrote an email, citing the above and asking for a copy of my case file, but the court has merely directed me back to the MOJ.
I told them it appeared both of them were purposely sending me round in circles. They won't do anything though.
What is going on?
How can I take this further? Anyone know?
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