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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I applied for a Subject access from my employer on July 25th,

Resolved Question:

I applied for a Subject access from my employer on July 25th, 2013, and of the 4 documents I ask to see, I have only just recently received 2 ( 31st, January 2014), and still await the other 2, which they may or may not redact. As you can see I made my request well over 220 days ago. Are the company in breach of the DPA ? Oh and by the way I have suffered sever depression as a result of all of this.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes as they have 40 days to supply the data.

Alex Watts :

You therefore need to complain to the Information Commissioner

Alex Watts :

Their website is: www.ico.gov.uk

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have already complained to the ICO on July 25, 2013 some 240 days ago. I have received 2 documents only 2 weeks ago, and the two 3rd party document authors have refused requests by the data controller to release them.The ICO is aware of this and the case officer has verbally informed me that the organisation has broken the DPA. However in both documents which I now have there is a reference to another document along with the name and position of its author, which is in my mind obviously inextricably linked to the 2 documents which I already have, that since I now know the name of the author, along with their position in the organisation, that they would not be, at least in my understanding a 3rd party since the authors of both documents I now have state that they actually endorse the content of it. This has caused me tremendous stress and I have gone into a deep depression etc.

Alex Watts :

Then you can apply to the Court for an Order for disclosure

Alex Watts :

You need to complete forms: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court can Order disclosure

Alex Watts :

Can I clarify anything?

Customer:

Since the ICO is dealing with my case for many months now, would I not be better letting the case officer for the ICO produce her assessment first of all before approaching the civil courts ? I have been assured verbally by her that they have breached the DPA anyhow, and I have also made it very clear to the ICO that I intend to pursue the matter with the help of Union.

Alex Watts :

Yes you can wait for the ICO and ask them how long they will take.

Alex Watts :

Give them a further 28 days and if not, you can apply to the Court

Alex Watts :

I am just giving you the legal options

Alex Watts :

Can I clarify anything further for you please?

Customer:

Furthermore, the data which has been released about me is of a highly sensitive nature, and it contains may untruths which are indeed tantamount to libel. Such statements need to be removed from my employer's record e.g. Both documents released to me under the DPA / subject access request state that I am bluffing my illness (severe depression) even though my GP as well as my employer's OH doctor have confirmed this diagnosis and my employer also has me on a long term sick scheme (half pay) because of my illness.

Alex Watts :

Ok - well the ICO can take action if it is untrue and you have suffered loss as a result.

Alex Watts :

But let the ICO deal with it and then take Court action if that does not help.

Alex Watts :

Does that assist you?

Customer:

Well I suppose I have suffered financial loss as well as the depression as a direct result of this sad matter. I will await the ICO's assessment/Report and then take legal advice via my Union. Would you advise me to send my employer a notice giving them 28 days to release this data to me or just wait to see how the ICO deal with the matter?

Alex Watts :

Yes I think this is what you should do.

Alex Watts :

Then dependent on the outcome you may be able to sue for breach of the DPA

Customer:

If so have you a template or could you suggest one ? You have been most helpful.

Alex Watts :

Let the ICO deal with it at the moment.

Alex Watts :

If you need to go to Court use the forms I have suggested and just put what you want to achieve.

Alex Watts :

No template is needed.

Customer:

The ICO case officer gas verbally told me that they have breached the DPA anyhow by them not releasing the data to me within 40 days etc.

Alex Watts :

Ok. Well that is statute so do not worry

Alex Watts :

Can I help with anything else today?

Customer:

No thanks Alex. At 57 years of age this matter has now destroyed my career, and prospects of ever picking it up again. Sad for a Church, don't you think ?

Alex Watts :

Yes I would agree.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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