Solicitor needed - Enforce a SAR.

[Dave231]

Hi
Can anyone advise me on how to enforce a SAR through the courts...I have spoken to the ICO, who have recommended that i take court action.... I cant find any solicitor to take this on... I also would like to now if anyone else has ever tried to do this and which sort of court I need to go to and what might be involved.

Thanks for reading I will supply paperwork if necessary.

Thanks

Dave231

[Amethyst]

Re: Solicitor needed - Enforce a SAR.

Hi Dave

Yes you can ask the court to enforce the SAR if the ICO are unable to further help you. I think we'd need to know a bit more information to be able to help more, what is the purpose of the SAR, bit of background and so on.

Another strategy you may employ to obtain your data is to issue a claim against the company through the County Court for non-compliance with your Data Protection Act request.

Some County Court staff are unused to this type of claim and therefore you must ensure that they do not advise that you file it as a Pre Action Disclosure under CPR Part 31 or a claim under CPR Part 8 as both of these options attract higher court fees.

It is important to stress therefore, that the Information Commissioner has indicated that these claims are to be treated as Small Claims Track claims .

Do not let the clerks give you any other forms to complete. This claim should be filed using an N1 Claim Form and must be filed at a County Court, MCOL cannot be used.


Particulars of Claim for DPA non compliance


1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

2. The Claimant has an account number xxxxxxxx ("the Account") with the Defendant which was opened on or around (date)

3. On (date) the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

4. The Defendant has failed to comply.

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage.

6. The damage caused is:

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £XX (a reasonable cost would be between £25 and £35)

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

9. Damages and costs within the discretion of the Court.

[Dave231]

Re: Solicitor needed - Enforce a SAR.

Hi Amethyst
Thanks for that. I will post the information later....
Will read through the info you attached.
Many Thanks
Dave231

[Dave231]

Re: Solicitor needed - Enforce a SAR.

Hi Amethyst
I sent an update today, with information, did you receive it? im worried it didnt save.
Thanks
Dave 231

[Crazy council]

Re: Solicitor needed - Enforce a SAR.

hi @Dave231

i would be very interested in how you get allong with this, i have done loads with FOI and DPA myself but never challenged it through the courts, I cant help you because like i say, never been that far,

There is one part i did not quite get, the ICO response, the SAR documents that are missing... Have they just openly refused to comply, or is it in relation to documents not sent. If so, have they said they hold the documentation. or its disposed off.

[FlamingParrot]

Re: Solicitor needed - Enforce a SAR.

The ICO acknowledge the fact that, in some cases, you'd have to go through the courts. They publish this guide that could be of help: http://ico.org.uk/Global/faqs/~/medi..._TO_COURT.ashx :nerd:

[Dave231]

Re: Solicitor needed - Enforce a SAR.

Thank you Flaming Parrot, I have read through the 22 page document and I have emailed the ICO for some other imformation, regarding incorrect infomation and a guide to subject Assess, let see if the leaflets come.
Thank you once again for the link.
Regards
Dave231

[Amethyst]

Re: Solicitor needed - Enforce a SAR.

Hi Amethyst
I sent an update today, with information, did you receive it? im worried it didnt save.
Thanks
Dave 231

Ah sorry just seen this, sent it to where?