Subject Access Request (SAR) - Copyright?

[labman]

Re: Subject Access Request (SAR) - Copyright?

Yes. I think you need to recognise that depending on the amount of data held, these things can take a long time to put together. £10 rarely covers the actual costs of providing the information. If various areas have to be explored, they will give you all the data that was current up to the time they looked at that area. If they then move on to another area, then data processed by the previous area may not be included.

In reality, there will not be much that is not included if they comply properly.

[charitynjw]

Re: Subject Access Request (SAR) - Copyright?

Thanks, I know this - the point is, what to do if the data controller has provided a major part - and there is evidence that crucial details are still missing and the data controller uses all sorts of excuses not to release these - e.g. 'emails may have been deleted by staff as they do not form part of a relevant filing system' which is nonsense, as these particular emails should have been kept in line with the organisations data retention schedule and the requirements of the limitations act.

If you require specific info, it is best to list this (ie 'including, but not limited to, xxxxxxxx')

[JCE]

Re: Subject Access Request (SAR) - Copyright?

Thanks - just enquired with the CCourt regarding the procedure for issueing an Order to compel subject access - however they had no clue about the procedure and which forms to use - could someone please tell me which forms I would have to submit to the court?

[charitynjw]

Re: Subject Access Request (SAR) - Copyright?

Hi JCE

I refer you to post #10; in particular, the bit about a SAR being used to obtain info about you as a living person.

Things such as T&C's, info re copyrights, etc would not necessarily do that.

You would have to use the CPR.

[JCE]

Re: Subject Access Request (SAR) - Copyright?

Hi JCE

I refer you to post #10; in particular, the bit about a SAR being used to obtain info about you as a living person.

Things such as T&C's, info re copyrights, etc would not necessarily do that.

You would have to use the CPR.

Thanks for your point - however in my case unfortunately I limited my initial request to one section of the organisation which seemed the most crucial - only to find out that it missed out many others. As it does not simply relate to a single contract, rather than to different services and information provided by a number of sections of this organisation and beyond that covers details of a complaints procedure, hence the overall information is fairly spread across the organisation. I should have made a full SAR in the first place, that would have facilitated things, however even now it easily runs into a region of well beyond 500 pages...(most of which was supplied in electronic format).

Currently after all additional requests for clarifying or releasing missing data, they should have complied with the SAR in full, however they have not.

Overall it has become obvious on a number of occasions, that, if I had not repeatedly requested specific details of say the email communication of particular individuals the data controller would not have released these, even though they fell within the scope of my SAR from the outset.

Most crucially at the moment there are various emails which imply that there should be corresponding emails which have not been sent to me and the data controller tries to get away with it with various excuses. In some instances I do actually have the mirroring emails and the organisation claims they cannot find them on their servers any more... (despite falling within the time scales required by their own retention schedule).

I have requested this specific information numerous times already and the data controller seems to attempt to just fob me off with excuses despite having notified them that I might obtain a court order for them to comply fully with the SAR.

The copyright aspect was some additional legal boilerplate the data protection officer added to most of the SAR-information he had released but it is not essential to retrieving the missing SAR information.

[JCE]

Re: Subject Access Request (SAR) - Copyright?

Still unclear which procedure to take - an ICO publication suggests applying to the CC for a part 8 procedure, and the CC was unable to confirm this, stating they're only dishing out the forms... before they said I should contact the MOJ Data Access Unit - has anyone on here ever chased a SAR through a court order and what's the right procedure?

[charitynjw]

Re: Subject Access Request (SAR) - Copyright?

You could complain to the ICO here - http://www.ico.org.uk/complaints/getting/complain

[JCE]

Re: Subject Access Request (SAR) - Copyright?

You could complain to the ICO here - http://www.ico.org.uk/complaints/getting/complain

Thanks for your advice, my reading of similar forum-threads was that ICO is fairly tooth-less regarding remedies and I really need the material quickly... ICO investigations easily seem to take 6 months, they do not necessarily provide a tangible remedy and I haven't that amount of time.
As said, this ICO publication states it can be chased through a part 8 procedure.