URGENT: Data Protection Act 1998 Breach...

[pt2537]

I have now waited a full week, and no reply! Getting very frustrated anow at this point!

Im not sure what you want us to say, but there are no particulars of claim either in the claim or marked as to follow, very difficult to comment on pleadings when there arent any pleadings there!!!!

Also, getting frustrated isnt going to help you, if you want to seek assistance then perhaps sending a PM to the members who you want to comment would be better than sitting on your hands waiting? afterall people dont spend every day of their life looking at a PC screen waiting for someone to ask for help, we all have lives outside of here, we work, we have families, so bear that in mind before venting anger on the forum

[«THÖMÅS®©™»]

I have now waited a full week, and no reply! Getting very frustrated anow at this point!

[«THÖMÅS®©™»]

So here is the N1 form that I have completed...

I have made a few small modifications, but am still not sure it it would be compliant with Civil Procedure Rules and dant to avoide the risk of my claim being "struck out" before it is heard.

I have of course redacted any personal information for Data Protection reasons.

Would someone please answer me? I want to get this done very soon!

Amethyst, pt2537, 2222.

[«THÖMÅS®©™»]

charitynjw, Thankyou for your reply.

My concern is that they have had advice to improve thier data protection practices, and now that the ICO is not taking any further action against them, they are effectively walking away laughing, saying "we got away with that one!"

What they disclosed between them was twisted and distorted so much that it is very close to constituting defamation of character under the Defamation Act 2013.

For example: I ride a 2007 Honda CBR 125 motorcycle, and it is my only form of transport. I cannot switch off it's headlights and the BAS chairman told the Norwich Evening News that I deliberately shone my headlights at them! I don't see how he worked that out, considering my motorcycle currently cannot have its lights switched off. The way he told the news paper suggested to them that I deliberately turned them on and pointed the front of my bike at them with my lights on. That's is a complete invention, and has no foundation in fact whatsoever. I cannot "deliberately" shine my lights at them as they claim, its absurd and uses the fact that I cannot turn off my headlights.

After thinking about it, I am of the view that the real reason I was banned is because of the fact that I ride a motorcycle that I cant turn off the lights on and the fact that I have Asperger's which was confirmed by an email sent to me from the chairman at the time (not the current one) stating "due to your unfortunate condition, membership of the society would not be sutible for you, and after careful consideration, in the best interests of yourself and the society, it should be rejected." This is a direct reference to my "handicap" and constitutes discrimination under the Equality Act 2010 articles 6 and 20. It is a shame that I am out of time to take action for it as it was in 2014, although I still could given that it is still being used against me even today.

Is there anyone here that will be prepared to assist me on a "Pro Bono" basis?

[charitynjw]

Me being a pedant.......

.....to improve their practices;

[«THÖMÅS®©™»]

Apologies for not replying sooner. I have not been well and I have been having computer issues with my PC tending to overheat causing shutdowns.

I have now repaired this issue and am now in a position to complete this matter.

As I expected, BAS did not respond to my LBA which I sent to them on 29th May 2019. I have given them well beyond the time I stated to reply, and this must now progress to a couny court matter.

I will be dealing with BAS in the first instance as NAS will be more complicated and will require much more time to complete.

I have so far drafted an N1 claim form which I would appreciate a review and maybe point me to any potential errors so I can correct them before I submit the matter to the court.

This is what I have so far:

In the Norwich County Court

Claimants details:
*CENSORED*

Defendants details
*CENSORED*

Brief details of claim:

1. The Claimant alleges that the defendants breached the Data Protection Act 1998, pursuant to
schedules 1 and 2.
2. The claimant has a letter (sent via email) from a Xxx. Xxxxxxxxx Xxxxxxx from the Information Comissioners Office that states that the defendants did in fact breach the Data Protection Act 1998 under schedules 1 and 2., and the ICO sent a letter giving advice to the defendant to improve thier practices;
3. The claimant further alleges that the defendant maliciously disclosed details to a known third party organisation without his written consent and without any foundation in fact.
4. That the defendant failed to respond to a Letter Before Action dated 29th May 2019 sent on said date via First Class Post setting out his case and the resolution he is seeking.
5. That the defendants discriminated against the claimant on 3rd October 2014 by stating in an email that the Claimants application to join said society should be rejected "due to his unfortunate condition".
6. That the defendants disclosed inaccurate data to the Norwich Evening News when the claimant contacted them for a "story".
7. The Claimant seeks a declaration from the court that his Data Protection rights were breached.

Value:

I expect to recover not more than £1,500.

You must indicate your preferred County Court Hearing Centre for hearings here

Norwich County Court

Is this what is expected by a court on this form?

Amethyst, pt2537, 2222

[«THÖMÅS®©™»]

2222 yes, that is correct - an uncensored version. Currently I have copies that are heavily censored, even though I know what should be in there, for example names, and organisation names. This is why I am of the view that a ccourt can make an order that they disclose the emails without them being censored under section 35 of the Data Protection Act 1998 (this is what I will be filing this case under since it all happened before GDPR came in to force).

**EDIT**

It looks like BAS have finally posted thier physical address to the Charity Comissions website. Now I can serve an LBA to there.

[2222]

Seems to me that they think that I don't have the emails that actually constituted a breach of data protection. They were released to me by BAS (after allegedly seeking guidance from ICO, when I believe they were trying to withhold them claiming that my request was malicious and vexatious), and by the ICO themselves.

how does my N1 draft look so far?

Your draft includes a request for emails you already have?

[«THÖMÅS®©™»]

Seems to me that they think that I don't have the emails that actually constituted a breach of data protection. They were released to me by BAS (after allegedly seeking guidance from ICO, when I believe they were trying to withhold them claiming that my request was malicious and vexatious), and by the ICO themselves.

how does my N1 draft look so far?

[2222]

Hello again...

I have now returned from my visit to the United States.

I have once again checked the address on the Charity Comissions website for Breckland Astronomical Society, and for the third time in around 3 months, it has changed. Does anyone know what they might be playing at? I know where the chairman lives, but now it appears that the address is for the tresurer.

I honestly dont know what is going on. What are they doing? Trying to avoid responsibility for what they have done perhaps?

Does anyone know what I should do now as the recorded letter I sent to the chairmans address was delivered then refused. Not sure what action to take now apart from visit the society on Tuesday and hand deliver my letter with a police officer present to prevent them inventing stuff against me to use in court should this matter go that far...

I think that you were already advised not to send your letter by recorded delivery, precisely because it's easily rejected. Just send it by ordinary first class mail and get a proof of postage. I have no idea why they have changed their address, but it's reasonable to send your letter to the chairman as well as to the 'registered' address.

I cannot advise you strongly enough NOT to visit the society on Tuesday. The police will not attend just to act as your unpaid witness.

[2222]

**UPDATE**


I am no expert, but that last sentence sounds like an attempt at intimidation, to try and prevent me from filing a county court claim against them.

It's no more intimidating than your letter before action. There's absolutely nothing wrong with them saying they'll defend the case vigorously. They are warning you that they intend to spend the time and money to defend the case, and of course it's intended to put you off continuing.

Just be aware that you are about to embark on a rather long process that is going to be burdensome and EXTREMELY STRESSFUL. You could also be at risk of costs being awarded against you. You obviously don't have to proceed.

[«THÖMÅS®©™»]

Anyone?

**EDIT**

I am attempting to prepare an N1 claim form, I will post a censored version once I have completed it so that brilliant members here can see if it is compliant, then I will prepare a Particulars of Claim and indeed, I will have to include my annexes as well. This is going to be a long and tedious job, one that I am determined to complete and make it so that the court does not throw out my case for not being compliant with CPR.

I do however welcome any pointers when I post my N1 contents. More to follow...

Given that nobody has replied yet, I will add the data here in this thread:

Brief details of claim:
The claimant seeks compensation for breach of his data protection rights pursuant to section 13 of the Data Protection Act 1998;
The claimant further seeks compensation for distress suffered as a result of said breach, pursuant to schedule 2 of the Data Protection Act 1998.
The claimant also seeks a declaration from the court that his data protection rights were breached,
The claimant seeks an order from the court for the defenadants to disclose the emails in full and uncensored that are the subject of this case pursuant to section 35 of the Data Protection Act 1998 in connection with this case.

Value:
Damages for breach of Claimants Data Protection rights - £1,000
Damages for distress caused as a result of said breach - £500

Particulars of claim:
The claimant alleges that the defendants breached his data protection rights on multiple occasions by email between April and May 2018 by emailing a known third party details about me without my permission and without being able to satisfy any of the principles that allow them to process my data without my permission. The claimant has recieved a decision from the Information Comissioner dated 28th September 2018, which confirms that a breach has taken place in accordance with schedule 2 of the Data Protection Act 1998 and that reccomendations were sent to the defendants on said date to improve thier data protection practices in light of the data breach which is the subject of this case. The claimant has sent a Letter Before Action dated 5th April 2019. The response received dated 23rd May 2019 states that my claim has no merit and that any action will be vigrously opposed. The claimant has documentary evidence to support his claim, namely; the decision from the ICO, the content of the emails that are the subject of this case, despite being heavily censored, do show the breach in it's entirety.

How does it look so far? This is only a rough draft at this stage...

[«THÖMÅS®©™»]

**UPDATE**

I have recieved a response from the NAS chairman saying the following:

"Dear Xx Xxxxxxx

In response to your letter before action dated 5th April 2019, the management committe of the Norwich Astronomical Society considered the response that the Society should make at its meeting on Monday 20 May 2019.

We consider your claim against the Society to be entirely without merit and it is therefore refused. Furthermore, the Society wishes to inform you that any further action on your part regarding this matter will be vigorously opposed."

I am no expert, but that last sentence sounds like an attempt at intimidation, to try and prevent me from filing a county court claim against them.

Do I now progress the matter to an N1 claim form and if so, what do I put in it?

Thanks again.

[«THÖMÅS®©™»]

Hello again...

I have now returned from my visit to the United States.

I have once again checked the address on the Charity Comissions website for Breckland Astronomical Society, and for the third time in around 3 months, it has changed. Does anyone know what they might be playing at? I know where the chairman lives, but now it appears that the address is for the tresurer.

I honestly dont know what is going on. What are they doing? Trying to avoid responsibility for what they have done perhaps?

Does anyone know what I should do now as the recorded letter I sent to the chairmans address was delivered then refused. Not sure what action to take now apart from visit the society on Tuesday and hand deliver my letter with a police officer present to prevent them inventing stuff against me to use in court should this matter go that far...

Help would be appreciated again.

On a lighter note, I have recieved a letter from NAS dated 11th May (beyond my May 3rd deadline and while I was in the United States) stating that they will have a meeting on 20th (when I recived it) and respond in full after. I am hoping that thier letter will arrive in the next few days despite the fact that it has now been 4 days. I am going to wait for that letter so I can show the judge that I have been reasonable and I will let you know what they say (of course, censoring any personal details in accordance with DPA 2018).

Thanks.

Thomas.

Amethyst R0b 2222 pt2537

[«THÖMÅS®©™»]

Everyone!

**UPDATE**

After checking he tracking numbers again,it appears that both LBA's I sent to NAS have now been signed for, by the same person but completely different signatures. Looks like somebody might be representing themselves as the chairman when they are not. I am sure that could be fraud by false representation. In any event, both letters sent to NAS have been signed for and received. I guess the one sent to his home address was collected from the post office maybe, I am not sure. He has until 3rd May to reply.

LBA sent to BAS chairman has not been received and should be on its way back here. Waiting for it to arrive at this stage.