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URGENT: Data Protection Act 1998 Breach...

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  • «THÖMÅS®©™»
    started a topic URGENT: Data Protection Act 1998 Breach...

    URGENT: Data Protection Act 1998 Breach...

    ...by two organisations (confirmed by ICO), suggestions on what if anything I can do next?

    Hello again LegalBegagles!

    I am looking for some advice on what I am able to do about the matter that I am going to try and explain in as much detail as possible.

    I have a keen interest in astronomy, doing a lot of research in my time in the many years I have had internet access. I joined an astronomy society, one of two that I know of in Norfolk, namely Norwich Astronomical Society ("NAS") located on Toad Lane, Thwaite St. Mary, near Norwich in around November 2011, and was a member until around October 2012 when I was asked not to renew my membership. The reasons given were somewhat confusing but seem to boil down to one of the members not liking me for whatever reason and as a result, from my perspective, seems to have been on a malicious campaign to have me booted out, even fabricating some nonsense alledging that I had told another member to "f**k off" when I have documentary evidence from the chairman at the time that the individual concerned stated that I never said anything like it. Anyway, to cut a long story short, that was one of many false allegations perpetrated by one member of that society that I cannot name here, but I do know her name.

    In February 2014, I contacted another society, Breckland Astronomical Society ("BAS"), located near Ellingham, in Norfolk to enquire about joining them. To begin with they were friendly, and I thought I was going to be accepted as a member after a few visits, making some jokes, laughing, and trying to be a normal member of the public as it were. On 3rd October 2014, I recieved an email from the then chairman saying "due to your unfortunate condition, unfortunately, membership of the society would not be suitible for you. The committee have carefully considered your application and decided that in the best inetersts of yourself and the society, it should be rejected." I am no expert, but it seems that this society has just blatantly admitted to discrimination? From the email I recieved, and from the emails I later recieved of an exchange between NAS and BAS, they admit that they banned me and the email from 3/10/14 actually proves that this is because of my "condition".

    On 31st January, I visited the Norwich Astronomical Society hoping that they had put the past behind them as it had been some time since I had been there. I visited to see a "super blue blood moon" ("SBBM") that was actually forecast to happen early the next morning at around 2:20am. I was excited as I had never seen one before. And because I live in Norwich, I cannot really see much due to light pollution. When I arrived, I noticed that ITV Anglia were filming there and decided to wait outside. After around 5 minutes of waiting, I spotted a member emerging from one side of the clubhouse (namely the toilets) and proceeding to enter the main clubhouse door. I stopped him and asked to speak to the chairman. A tall male with a dark coloured hooded long coat appeared claiming to be the chairman (I now know that he is not the chairman but in fact the secretary) and asked what the problem was. I stated as above that I was wondering if I could hang around for the SBBM, and if he was OK with that. He recognised me somehow, and asked me if I was "Thomas XXXXXXX" which I obviously confirmed I was. I am guessing he recognised me from my motorcycle which was parked behind me around 15 feet away. After I confirmed who I was, he launched in to what I would describe as a verbal assault saying that I was banned, prohibited, forbidden and that if I did not leave, he would call the police and have me arrested for tresspass. I was briefly in a state of shock at this point, but I still kept my cool with him and asked why I was banned as I was unaware of any ban at that time (I am still not aware of any ban to this day as it has not been confirmed, but seems to be in place never the less, even though they have not stated it). He then accused me of "swearing" at another member which is absolutely false and I have documentary evidence to prove that this is an utter fabrication of the highest order. To avoid being arrested for some made up nonsense like "trespassing", I hopped on my bike and started to reverse out but did not start it. As I did so, I clearly heard the secretary call me a "f**king retard". I responded by calling him an "a**hole". He answered me by saying "I heard that" and I responded by saying "good, that's what you get for calling me a f**king retard". Secretary walked away in to the clubhouse saying nothing further. I backed out parking on the other side of a PUBLIC ROAD calling a friend to try and calm my absolute rage at him at this stage, although I did not show it to him directly. I spend about an hour on the phone to 2 different friends and afterwards I took off home. On 2nd February 2018, I filed a complaint by email directly to the chairman who, in his response seems to be saying that he cannot prove that the events I have stated and is esstentially calling me a liar, and supporting the secretary (which emails between them seem to suggest) where in one of them the line "he got short order from our chairman". This is because he was able to fabricate a tweet from my Twitter account where he changed the code to replace "idiots" with "retards" and then used it to make out that I said it. It was a tweet that I sent to Parking Eye Ltd ("PE") after they were demanding £75 to provide the police with data relating to a hit and run incident where my motorcycle was hit causing damage while it was parked up and unattended in an ASDA car park and the police asked PE for the data of vehicle registration numbers for a set time period. As a result of this, the police did not pursue it any further.

    Fast forward...

    I made a subject access request on May 5th 2018 to both societies with a set list of documents that I was after. I recieved an acknowledgment from both societies after several days and I waited for them to come through, sending consistent reminders so that they did not forget the obligations that they were under under section 7 of the Data Protection Act 1998 ("DPA") . I did not get a response from NAS until 7th June 2018 which came in the post from thier solicitor via special/recorded delivery. I found several documents that I asked for missing and wrote back by email to ask for them again. I did not recieve a reply. I tried again, no reply. I recieved an email from BAS on or about 9th June 2018 attaching some very interesting information including, confirming that the two societies had been exchanging emails between them about me. I requested copies of those emails and was told that they were exempt from disclosure. I did not believe this, so I requested them again, and got an almost identical answer.

    As a result of this, I contacted the Information Commisioners Office ("ICO") and filed a formal complaint against both societies for breaching my rights under the DPA and believed that the two concerned societies had been discussing my details without my express permission. BAS tried to claim "legitimate interest" as a rather poor excuse for what they did, and the ICO has written to me stating that both societies had not complied with the DPA under shedule 2. After seeing the emails myself, it also appears that they tried to withhold them as it contains defamation against my name and did not want to face a court claim for defamation of character.

    After recieving the ICO's decision, I wrote to the two societies again asking for them to propose a resolution. I recieved a reply from BAS within 10 minutes attaching the email chain between the two aformentioned societies and saying that they had implemented the changed reccomended by the ICO. I have yet to recieve any response from NAS.

    Given what is a reasonably short version of what has happened, are there any legal experts here that can suggest on what my next steps are please?
    Last edited by «THÖMÅS®©™»; 17th November 2018, 04:31:AM.

  • «THÖMÅS®©™»
    replied
    Anyone?

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    Subject line "Letter Before Action" or something similar?

    Leave a comment:


  • 2222
    replied
    Originally posted by «THÖMÅS®©™» View Post
    Ok. I'll complete my LBA's and post them up later once complete.

    Thanks for all the help in the meantime.

    p.s. what about pointing it out but also saying I won't be claiming for it?
    If you are not claiming for it, don't clutter up your LBA with unnecessary detail.

    Don't forget that the man who invented radar said: “Give them the third-best to go on with; the second-best comes too late, and the best never comes.”

    Leave a comment:


  • 2222
    replied
    Originally posted by «THÖMÅS®©™» View Post

    The data that was passed around was completely false and inaccurate. Additionally, it was passed to another society which banned me for it.

    My question now is this...

    Can LBA's be sent via emails (because one of the societies addresses does not exist, or should I say "unreliable", thier words not mine, although I do have the home address of the chairman, which he seems to have changed recently.
    I'd send the LBA by email. In the same email, I would ask them whether they require a hard copy, and, if so, where they want it sent.

    You'll need a postal address to issue proceedings to. So, you may as well ask them to confirm the address they want used for that purpose.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    Originally posted by 2222 View Post
    Thomas, the court it ends up in depends on the claim you make, not the LBA.

    Your claim is for distress caused by a breach of DPA. Is your distress very significantly increased by the data being passed around being inaccurate? If so, then include it in the LBA. But, if your distress was only increased a little bit, for goodness sake do yourself a favour and drop the point!

    to some extent, you have lost sight of why you are bringing this case, or so it seems to me. In the past, you have said that the damages are not that important to you. However, you seem now to be completely obsessed about wringing the very last penny out of the case. Which is it?

    You ought to try to apply the 80:20 principle to this, as well as other aspects of your life. Otherwise, you're in danger of not getting this case off the ground. You should have a look at Sir Bob Watson's cult of the imperfect, even though it's not in your nature.

    https://www.britannica.com/biography...er-Watson-Watt
    The data that was passed around was completely false and inaccurate. Additionally, it was passed to another society which banned me for it.

    My question now is this...

    Can LBA's be sent via emails (because one of the societies addresses does not exist, or should I say "unreliable", thier words not mine, although I do have the home address of the chairman, which he seems to have changed recently.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    Ok. I'll complete my LBA's and post them up later once complete.

    Thanks for all the help in the meantime.

    p.s. what about pointing it out but also saying I won't be claiming for it?

    Leave a comment:


  • 2222
    replied
    Thomas, the court it ends up in depends on the claim you make, not the LBA.

    Your claim is for distress caused by a breach of DPA. Is your distress very significantly increased by the data being passed around being inaccurate? If so, then include it in the LBA. But, if your distress was only increased a little bit, for goodness sake do yourself a favour and drop the point!

    to some extent, you have lost sight of why you are bringing this case, or so it seems to me. In the past, you have said that the damages are not that important to you. However, you seem now to be completely obsessed about wringing the very last penny out of the case. Which is it?

    You ought to try to apply the 80:20 principle to this, as well as other aspects of your life. Otherwise, you're in danger of not getting this case off the ground. You should have a look at Sir Bob Watson's cult of the imperfect, even though it's not in your nature.

    https://www.britannica.com/biography...er-Watson-Watt





    Leave a comment:


  • R0b
    replied
    You can't. Libel claims are to be issued in the High Court unless both parties agree for it to be in the County Court.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    How can I say that what they told BAS are factually incorrect without involving the High Courts?

    Leave a comment:


  • R0b
    replied
    Under a separate heading, but only include it if you intend on claiming for it, in which case your claim will end up in the High Court.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    Just a thought, am i able to make the point that what they told another similar society is potentially libellous and that I have proof? If so, where would I put that?

    Leave a comment:


  • R0b
    replied
    It's a letter before action, you aren't going to be put on death row if you missed something off.

    It seems detailed enough to me but as I said, your worrying about getting it pitch perfect it's taken you this long to get to this stage. As I said before, you can always add extra detail in your witness statement or if push comes to shove you can file a reply to their defence if one is submitted.

    You simply need to give enough information to enable them to know the case they have to meet.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    Are you sure about that? I don't want to mess this up.

    Leave a comment:


  • R0b
    replied
    Looks sufficiently fine to me

    Leave a comment:

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