Data Protection Act

[Stillo]

Hello me again

Can i please ask a question with regards to Data Protection Act, if i can prove that i have sent 3 requests for my Data under the Data protection act and i have been ignored at all requests is there anything i can do about it apart from complain to the information commissioner is it worth bringing up at Court , has a breach of the Data protection act occurred. I am at the moment in the process of making a claim through the small claims court and the company involved have denied ever receiving any such request i have in my possession 3 signed track and trace documents from the Royal Mail addressed to the Data Controller of that company accepting delivery over a period of 6 months, also the postal order i sent has gone missing nowhere to be found i have no idea if it has been cashed as i have lost the counterfoil

Regards
Stillo

[labman]

Re: Data Protection Act

You can force compliance with a Subject Access Request through the courts.

[enquirer]

Re: Data Protection Act

It is better to refer non-compliance issues to ICO.

[labman]

Re: Data Protection Act

It is better to refer non-compliance issues to ICO.

The OP asked if there was anything other than the ICO in the original post. :tinysmile_grin_t:

[ploddertom]

Re: Data Protection Act

It is better to refer non-compliance issues to ICO.

A toothless organisation. From experience I can tell you Court was the way to go.

[FlamingParrot]

Re: Data Protection Act

A toothless organisation. From experience I can tell you Court was the way to go.

Would this only apply if you are issuing or defending a claim? Or would you have recourse to the courts merely for non-compliance?

[PlanB]

Re: Data Protection Act

Yes you can take a case of non-compliance with a s.7 SAR request to the county court on a stand-alone basis. It doesn't have to be in relation to any other court proceedings.

Here is the ICO's basic guide on how to do it:

http://www.ico.gov.uk/upload/documen...e_to_court.pdf

[labman]

Re: Data Protection Act

Spot on Plan B, though FP, you too are right, it can be done as part of proceedings under one of the CPR's - can't remember which sorry!

[PlanB]

Re: Data Protection Act

I understand that if a company/individual still refuses to comply with a SAR once ordered by a judge then they would be in contempt of court which is a criminal offence and they could be facing imprisonment :nono:

[labman]

Re: Data Protection Act

I understand that if a company/individual still refuses to comply with a SAR once ordered by a judge then they would be in contempt of court which is a criminal offence and they could be facing imprisonment :nono:

That would be a shame, wouldn't it! T'would serve the buggers right!

[Stillo]

Re: Data Protection Act

Thank you all

Its too late to ask the courts to make the company involved supply the requested data, i have made a claim on MCOL and i have received a defense from the other party that i have never requested a SAR from them, i have three track and trace letters all signed for by some individual at that company requesting the information and i have been totally ignored ignored, thanks for all your valuable information

Regards
Stillo

[ploddertom]

Re: Data Protection Act

As it's a non-money claim cost of the application is £150 or maybe slightly lower on MCOL.

[Stillo]

Re: Data Protection Act

Hi

Can i make a claim for compensation for not supplying my Data i will no longer need to provide the information to the court i have said in my claim that they have failed provided the data to me therefore not allowing me to make a proper claim and i could only estimate what i believe i was owed by them and not the true figure

Cheers
Stillo

[PlanB]

Re: Data Protection Act

Its too late to ask the courts to make the company involved supply the requested data, i have made a claim on MCOL and i have received a defense from the other party

Can you say a little more about your claim (the amount) and what it's for because there may be various options open to you but without the facts it's difficult to suggest any. Perhaps post up what you've put in your POC to see whether you've covered all bases. For example in some circumstances it may be wise to discontinue the proceedings and start again with better POCs once you have all the information you need (although you may have to pay the other side's wasted costs). In some cases you can ask the court to make an order compelling the other side to provide the information you need under a CPR and then amend your POC.

PT is the expert on which strategy to use and when :nerd:

[PlanB]

Re: Data Protection Act

Stillo, I've found this other thread of yours and wonder if that court action is directly connected to this thread

http://www.legalbeagles.info/forums/...php?38715-MCOL

If I've got that wrong ignore me. Also I don't understand what a claim for "return of OFC and DLC" means so I can't help put this jigsaw together for you but I am trying :doh: I was a bit thrown when Ploddertom said in post # 12 that it wasn't a claim for money yet your other thread says you are seeking £400 using the Money Claim Online system.