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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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ONLY W Please have a look at the attached file

Resolved Question:

ONLY for Alex W
Please have a look at the attached file
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Thanks for asking for me.
I think you should complain to the Information Commissioner and see what findings they make.
That will either make or break your case. They are at: www.ico.gov.uk
Does that help?
Alex
Customer: replied 1 year ago.
Hi. Have already been to the ICO about 10-(4). He gave me a link to his page dealing with taking case to court. But could ask again. However, regarding the 2nd event, he finally told me that 'If there is a piece of legislation which states that certain information should not be disclosed, such as the NHS(VR)1974, this may also be in breach of the first principle of the act, which says that 'Personal data shall be processed fairly and lawfully'. also: ' queries regarding potential breaches of legislation relating to the NHS would be best raised with the NHS itself, as such matters fall outside the ICO' remit.'
F went to the ICO fo advice in 2012, telling him that he had given the Council his instructions, quoting his medical condition. The ICO did not realize that this was in fact a notice. He completely ignored the three letter acronym. Even failed to agree that the information is confidential'. Less i have to do it the ICO the better, as he may be implicated in the 2nd event.
Expert:  Ash replied 1 year ago.
Ok, then you could issue proceedings in the County Court.
S.13 of the Data Protection Act 1998 states:
13 Compensation for failure to comply with certain requirements.
(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
Therefore you can issue a claim. You would need to issue a claim using form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The Court will list the matter for hearing and decide whether to award you compensation.
Can I clarify anything for you about this today please?>
Alex
Customer: replied 1 year ago.
Thanks. That is what we should do. The ICO is at fault for not giving F the proper guidance. For example, he could have asked him a very simple question 'What was the Council's response to his instructions?' he also forgot to mention the fact that the NHS Statutory Restrictions may be at play.
Please refer to my question 'How can a court decide, when there is nothing to consider?'
Expert:  Ash replied 1 year ago.
Your records were unauthorised released. That is what the Court can consider, whether they did wrong or not.
Alex
Customer: replied 1 year ago.
OK. We are aware of para 14. But this is not that simple. Because of the 3-letter acronym, there was a breach of:
Common Law Confidentiality
NHS Statutory Restrictions on data handling
Article 8 of HRA as already illustrated by Z v Finland and Y v Finland.
that's why I asked a question about the Pro Bono. Any thoughts?
Customer: replied 1 year ago.
"Your records were unauthorised released."... Yes, 16 MONTHS after the issue of my notice.
Expert:  Ash replied 1 year ago.
I think you have a claim and you only need to show on balance you do.
Alex
Customer: replied 1 year ago.
What would the court think if it learned that the Council did not reply AT ALL?
Its silence could be interpreted that the Council did not have any ‘problems’ with F’s instructions. Otherwise it had enough time to reply, telling F that it cannot comply with his instructions for specific reasons. It did not do so. In any case, it was in breach of para 10-(3).
However, the 2nd event is far more complex and we think that a ‘pro bono’ would be in order. We do not expect you to comment on it, as it requires a thorough knowledge of the applicable law and understanding of the NHS ‘specificity test’ introduced few years ago, relating to treatment of the condition.
CAB is only a short walk from my home. I will go there tomorrow morning and ask them about ‘pro bono’.
Expert:  Ash replied 1 year ago.
The Court is likely to consider that to be very bad.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Have been to my local CAB. Surprisingly, very receptive and helpful...:-) Agree with your comment W have agreed on a course of action re 2nd event. Quite astonished with the details I was not prepared to mention here. There is very little else to be done right now. Have quite a lot to do. CAB suggested that I also write to the Pro Bono Unit for specific advice.
Will rate and pay. Thanks for your help