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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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FOR ALEX W. IF UPON REQUESTING A SUBJECT ACCESS REQUEST

Customer Question

FOR ALEX W. IF UPON REQUESTING A SUBJECT ACCESS REQUEST AND REPORTING FAILURE OF THE ORGANISATION TO DO SO AFTER 40 DAYSICO TO THE , EVENTUALLY 2 DOCUMENTS ARE RELEASED TO ME BUT ONLY AFTER THE ICO PRESSES THE ORGANISATION TO DO SO, BUT IT TAKES 220 DAYS +.

WITHIN BOTH THESE RELEASED DOCUMENTS THERE IS A REFERENCE TO ANOTHER DOCUMENT BY AN AUTHOR BY NAME AND POSITION, WOULD THAT MEAN THAT THIS DOCUMENT SHOULD ALSO HAVE TO BE RELEASED IN TOTALITY TO ME SINCE I NOW KNOW THEIR NAME ETC, AND EVEN THOUGH AFTER THE ORGANISATION ASKED THEM THEY HAVE REFUSED TO GIVE WRITTEN PERMISSION TO HAVE IT RELEASED TO ME ? CAN I HAVE A COPY OF THIS REPORT WITHOUT HAVING TO GO TO COURT ?
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : If you make a SAR any documents relating to you must be disclosed. So unless you asked for specific documents, ie employee records and if you asked for any document relating to you, then yes they should have all been disclosed.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

So they have indeed breached the data protection act ?

Alex Watts : Yes it sounds like it from what you said.
Customer:

So now do you think that I would be best just waiting for the ICO to push the organisation to release this 'document' which is referred too in the 2 documents I already have had released to me through the ICO, before working through my Union's legal team to seek redress and perhaps even compensation since not only have I lost out financially, but as result I have had to step down from my position and have suffered a work related stress / injury which has resulted in severe depression? Do you think that the organisation may well have b the DDA and H&S acts.

Customer:

broken the

Customer:

DDA and H&S acts ?

Alex Watts : Yes I would wait.
Alex Watts : Does that help?
Customer:

Yes Alex this has been helpful. I will wait for the ICO's assessment to be released and let my Union take it from there.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear Alex, could you give me a definition as to what the expression 'to hold the view' mean please? e.g. In a document the group held the view that John was off work because in essence he was bluffing ! Would that been seen as libel if found to totally untrue ?

Expert:  Ash replied 3 years ago.
I really don't know what that means, I have not heard that term before.

They need to disclose anything that relates to you or mentions you.

Alex

Customer: replied 3 years ago.

Perhaps it is a Norn Irish term, I don't know but what I do know is that what has been revealed to me in writing to date states that my Kirk Session 'hold the view' that I have been off work, not because 2 doctors have diagnosed me as having severe depression, but because I didn't agree with a decision which they took. How could they possibly prove that in Court against the expert witness of 2 doctors ? Their comments along with untruths in an attempt to justify their allegation has caused me to fall deeper into depression. Is this libel ?

Expert:  Ash replied 3 years ago.
Forget libel, that would cost you around £15,000 to take to Court.

Alex

Customer: replied 3 years ago.

Are you saying that I Should I just simply forget the matter then as if it had never been written down in what I would see as an attempt to cause me hurt and injury as well as defame my good name ?

Expert:  Ash replied 3 years ago.
It if you have £15,000 to pay for a Solicitor and Barrister you can take it forward. You can't get legal aid for this.

If you lose you would also have to pay the costs of the other side.

Alex

Customer: replied 3 years ago.

I will consult my Union Legal advice team, but in your opinion do you think that what has been written down about me is tantamount to libel ?


 

Expert:  Ash replied 3 years ago.
Potentially.

Customer: replied 3 years ago.

So if my UNION LEGAL TEAM WERE PREPARED TO TAKE THE MATTER ON, EITHER AS A PERSONLA INJURY CLAIM OR THE LIKE, THAT WOULD POSSIBLY BE MY BESY WAY FORWARD IN THIS CASE. IT REALLY HAS DAMAGED MY HEALTH THAT MUCH AND HAS CAUSED ME TREMENDOUS DISTRESS AND PERSOANL HURT.

Expert:  Ash replied 3 years ago.
Yes, that would be.

Alex

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