Originally posted by «THÖMÅS®©™»
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URGENT: Data Protection Act 1998 Breach...
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Sometimes people just don't have the answers or are unable to advise
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Since I have not had a reply for a few days now, I will ask if there is anything that anyone here at this forum can assist me?
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2222, I feel that after what they have been saying and doing to me, that I have no choice but to seek relief from both of them. They tried to withhold the emails between them knowing what they had breached the DPA as the ICO has confirmed in their email to me.
The chances of any sort of review happening is virtually zero, and I doubt that they will consider it based on what I have seen so far.
I have tried to be reasonable by asking them for a proposal to resolve the issue. One has given me the proverbial middle finger, and the other has not bothered to respond, which shows that they are stubborn and ignorant, as well as uneducated. This is not my fault.Last edited by «THÖMÅS®©™»; 20th November 2018, 00:10:AM.
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Hi Thomas.
You are quite right. I had not appreciated that the ICO has ruled that data has been wrongly shared. I take it that they have not ordered the societies to compensate you for that? The ICO seems to be particularly toothless, I am afraid. You have done remarkably well to get them to come this far!
Would you be satisfied if the two societies made a donation to charity? Possibly the British Astronomical Society, if that's appropriate. That might be the line of least resistance, plus you say you're not particularly interested in the dosh personally.
I think it is a great shame that this has happened. You are obviously hugely keen on astronomy and very probably have a great deal of knowledge to share. I hope that, in time, you can mend fences with one or both societies. However, I am practically certain that suing them will not help that!
In particular, I would hope that BAS could be persuaded in the long term to review whether they could make whatever adjustments are necessary to accommodate your membership, perhaps on a part-time basis if they feel it is too much for them if you attend every meeting.
I don't think you should send me any private medical details. Please don't take that as me being unfriendly, but I just don't think it would be entirely appropriate.
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I think there is a misunderstanding from my original post. The ICO has ruled that both societies have breached the Data Protection Act 1998 because they shared information between themselves for which no exceptions applied nor did they have my permission to do so.
2222, can I speak to you in private as I don't want to disclose medical data on this board publicly. I am sure you can appreciate that.
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My own view is to forget about any claim under the DPA. It's a tool for getting information. You've got that info now, and any compensation awarded by the court for late provision would be minimal. I'm sure that both organisations are actually sorry for any misdemeanours under the act. They may even have had the best of intentions in withholding this information, in that they did not want to hurt your feelings.
As to BAS, you say they have lied about you, but that's not clear to me from your posting. They just seem to have thought you were not suitable as a member.
What is not clear is whether BAS came to the conclusion that you had a condition and only subsequently contacted NAS to find out what your history with them was? That would imply you had behaved oddly in some way, which could perhaps justify them in excluding you regardless of anything said by NAS. The alternative is that somebody at BAS knew you from NAS and soured things for you, even though you were getting on okay. Do you know which it is? Is it clear from the email chain?
You claim that NAS did lie, but they have a documented case. Even if the evidence given to them was fabricated, as you claim, they seem to think it is reliable. Based on that, they excluded you from membership. (I am not sure how that differs from banning you?) I am not sure whether DPA would prevent them from communicating their findings, if asked by BAS. Have the ICO ruled on that?
If the NAS have defamed you, you could sue them for that, but you would be at great risk of a substantial costs order against you if you lost. I'm not convinced the potential award could possibly justify the risk.
I have a very strong feeling you cannot get 'justice' in this case. You might succeed in closing one or both clubs down, eventually, but I don't see how you can force people to accept you.
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Thank you for your response 2222.
I am trying to get an apology from both for defaming my character by lying about what happened, and secondly, some sort of relief for breaching my rights under the DPA 1998 shedule 2. The ICO has told me that under GDPR, articles 79 and 82, I am entitled to some form of relief. Furthermore: relief for discrimination under aticles 6 and 20 of the Equality Act 2010, although this is not likely to succeed based on a possible defence that they will fabricate that they cannot make reasonable ajustments which I am not convinced is correct.
I would also like to make clear that this is not beeing done for money, I am doing it out of principle, and nothing more.
Last edited by «THÖMÅS®©™»; 17th November 2018, 04:33:AM.
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I have read your long post, and I am confused. You have at last, after much arm twisting, got the information you were after. You got it from one Society, not both, but you got it, nevertheless. In what way does it benefit you to get the same information from the other one?
You need to work out what you're trying to achieve. You can't really force these people to accept you, I am afraid, and the law is a blunt tool to use in these circumstances. Ultimately, if you make life too difficult for the people running these clubs, they'll close down, I suppose.
So, could you say what outcomes you want out of all this?
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