Non-response to a SAR

[valgem34]

Hi,

I have issued a SAR to someone who has ignored it. I have reported it to the ICO but they have a big backlog.

I want to get a court order to make him comply but don't know how to do it.

Can anyone point me in the right direction please.

Thanks in advance.

Val

[Amethyst]

Re: Non-response to a SAR

Is the person you have submitted the SAR to registered as a data controller with the ICO - is it a firm ?

[valgem34]

Re: Non-response to a SAR

Is the person you have submitted the SAR to registered as a data controller with the ICO - is it a firm ?

Hi yes he is registered, it's a hotel/wine bar.

[Amethyst]

Re: Non-response to a SAR

Okay, so you have sent a formal subject access request and the max fee of £10, and they have not responded to you within 40 days ?

There is some information here http://www.legalbeagles.info/forums/...6593#post96593 about next steps ( have a look through the thread - it's quite old so will need checking over )

[Sparkie1723]

Re: Non-response to a SAR

You may find these useful.
https://ico.org.uk/for-organisations...ccess-request/


https://ico.org.uk/media/for-organis...f-practice.pdf

Sparkie

[valgem34]

Re: Non-response to a SAR

I used the template letter from the ICO website that says "If you need any more information from me, or a fee, please let me know as soon as possible. So no I didn't send the £10. He has completely ignored the request. I sent a reminder and he refused delivery. I'll read through the forum and try to see what to do. I don't want to wait for the ICO as I think he will get rid of the CCTV I've asked for, as it will show him and his bar manager assaulting me.

[Arcadian]

Re: Non-response to a SAR

I used the template letter from the ICO website that says "If you need any more information from me, or a fee, please let me know as soon as possible. So no I didn't send the £10. He has completely ignored the request. I sent a reminder and he refused delivery. I'll read through the forum and try to see what to do. I don't want to wait for the ICO as I think he will get rid of the CCTV I've asked for, as it will show him and his bar manager assaulting me.

Shouldn't the police be investigating an alleged assault, and securing the CCTV evidence themselves?

[valgem34]

Re: Non-response to a SAR

Shouldn't the police be investigating an alleged assault, and securing the CCTV evidence themselves?

Sorry for the delay in replying, I had to go away for a few days.
The police won't investigate as the person involved told them in August last year that his machine re-writes itself every 3 months and so it's deleted (that is not true). Last month after I had gone on and on at the police they finally called him for an interview. He attended with an edited version of the cctv which didn't show the assault. Apparently it's ok to lie to the police for 6 months as they've accepted what he showed them. That is why I want to get a court order to make him give me the whole cctv not the parts that suit him.

[valgem34]

Re: Non-response to a SAR

[QUOTE=Amethyst;712722]Okay, so you have sent a formal subject access request and the max fee of £10, and they have not responded to you within 40 days ?

There is some information here http://www.legalbeagles.info/forums/...6593#post96593 about next steps ( have a look through the thread - it's quite old so will need checking over )

Hi, I followed this link and submitted an N1 form but the Judge has rejected my application and said I have to go through P8, any suggestions please.

[valgem34]

Re: Non-response to a SAR

Hi, I followed this link and submitted an N1 form but the Judge has rejected my application and said I have to go through P8, any suggestions please.

[Amethyst]

Re: Non-response to a SAR

Okay, did you put any monetary value on the claim at all ? I think it was always a bit transparent trying to get in part 7 with a random moneyclaim tacked on to be honest - I haven't dealt with a part 8 claim for a long time though. I know the costs/risk is a lot higher than a MoneyClaim.

I'll see if I can dig some bits out for you.

First though - have you spoken with the ICO about the situation at all ?

[valgem34]

Re: Non-response to a SAR

Hi, I did put in a claim of 300 for damages etc, they have said I need to pay another £320 to have it looked at as a Part 8. I reported it to the ICO in January but they have a big backlog....my problem with waiting for them is that the person I'm trying to get the info from is such I liar he'll say he hasn't got the info anymore. He's told the police 3 times he didn't have it then turned up with some of it 6 months later. I've asked my MP to get onto the police about them looking at it again but they aren't very good down here on the Isle of Wight. To be honest I don't see what the ICO can do about it if he says he doesn't have it even though I know he has. I'm exasperated. ICO told me any action would be small claims then when I do that the court rejects it, I'm going around in circles

[charitynjw]

Re: Non-response to a SAR

Presumably, CPR Part 8?
https://www.justice.gov.uk/courts/pr...l/rules/part08

[valgem34]

Re: Non-response to a SAR

Thanks charitynjw, I was hoping to find a way to get them to accept the N1, any ideas?

[R0b]

Re: Non-response to a SAR

I'm afraid I would agree with the judge on this one. As regards to SARs the usual procedure would be Part 8 unless there is a substantial issue of fact in dispute or where the result of non-compliance with a SAR has resulted in causing damage to you in some way, at that point a PART 7 claim would come into play.

If you are only after the CCTV, I can't see how the that would fall under Part 7 and tag on damages for non-compliance.