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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48160
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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An ICO assessment states that it is unlikely that my employer

Resolved Question:

An ICO assessment states that it is unlikely that my employer complied with the requirements of the DPA in my case, because they failed to respond to my subject access request promptly and before the 3end of the prescribed period in accordance with section 7(8) of the DPA. It took them approximately 6 months to release copies of 2 documents to me in full, and even as yet I am awaiting the release of 2 further documents some 8 months into the timeline of events.

I have been off work with sever depression, but this non-release of personal data has taken such a toll on my health that I have had to relinquish my post, and move unto a long term sick scheme provided by my employer, and have as a result suffered not only mentally but also financially. Have I any grounds for compensation ?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long did you work there for?

JACUSTOMER-tcn2qo1a- :

Thank you Ben.

JACUSTOMER-tcn2qo1a- :

I worked with the organisation in total for approximately 23 years.

Ben Jones :
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
JACUSTOMER-tcn2qo1a- :

Ok Ben. I appreciate that.

Ben Jones :

The DPA does not allow a person to make a claim and seek compensation for a data controller’s failure to deal with a subject access request. Instead, all the person can do is make a claim to court in order to ask for an order requiring for the disclosure of the information. This right is specifically stated in section 7(9) of the DPA. So if you are still waiting for the release of the documentation you can make a court claim to request they order the employer to release that information but you cannot just seek compensation for it at the same time. The only way some compensation may be awarded if you were to actually resign as a result of this, citing constructive dismissal and then make the claim in the employment tribunal for loss of future earnings. However, it can be a risky claim so don’t just do it to seek compensation as you will be risking a lot in the process, such as giving up your job without any guarantee of success.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer:

No that's fine thanks.

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