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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Sar's Subject Access Request - Having worked as a

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Sar's Subject Access Request - Having worked as a supplier\Contractor for a Company, I would like to make a Sar's request - I am familiar with the procedure and understand the rights and law itself - My Question(s) are this...
1. The members company could and would have used their personal email accounts to communicate information about us\me on occasions to avoid emails going into the company system - Are personal email accounts covered bar SAR's \ What conditions are relevant?
2. Is there any other forms of communication covered other than the obvious, letters emails, can voice messages \ text messages be included for example ?
3. Can minutes of a meeting be requested - even a board meeting?
4. if the information is under a company name as in the case of a supplier. EG the minutes might refer to company xxx ltd as apposed to the individual can this also be requested or can a separate request be made on behalf of company XXX
5. If company XXX is for all intent and purposes Fred Bloggs can it be argued for that, or is referring to it as company xxx a way of bypassing SAR's
Many Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.

Hi John, my my name is***** am a solicitor and am happy to help you today. What is the purpose of you making a Subject Access Request?

Customer: replied 1 year ago.
Q. is that also important or relevant to what you can ask for?Initially to prove some points of skulduggery, to the MD of the company - ultimately\potentially litigation.
Expert:  Jenny replied 1 year ago.

No it just helps me to understand the context of your question. Are you still employed there? What litigation are you proposing to bring?

Customer: replied 1 year ago.
I worked as a contractor or supplier to the company, and as a trading as company over the period of 15 years - The FD took exception to us and me particularly and effectively created a rebellion with some other directors to remove us.. based on very spurious reasons...they eventually generated a meeting for a vote! This allowed to take the innocent - wasnt my idea and hide in plain sight. The MD is being hoodwinked.Can we get the who voted what and what was said in the meeting to show the errors in logic and unhand behaviour?They would not have used company email a lot of the time so we need to have leverage on other areas?
Expert:  Jenny replied 1 year ago.

Do you have any evidence of underhand behaviour or is it just a suspicion, is this personal data about you as an individual or about your business/ ltd company?

Customer: replied 1 year ago.
Jenny, I will worry about the complicated bits, I am not a newbie looking to get answers on an employment tribunal - I just need to know whats legally available to ask for as per my questions - I am looking to argue technicalities if necessary, as with most cases this will be won or lost way before a court decides...I need to know what can be asked for so when they check - they will be told that is possible..This is a strength play - do you see where I am going? Really you haven't got to figure out the 'real' advice to give me I want to know whats legally possible...I understand most times you have to read between the lines and work out the best advice..Yes we have underhand knowledge - we fell out because we would not confirm to their requests. yes the data will be about me personally and I will be referred to generically as company X (not ltd).
Customer: replied 1 year ago.
Well this is a great service! Just answer... thats all I have done just answer YOUR questions!
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

I see the expert has opted out - what else do you want to know?
Alex

Customer: replied 1 year ago.
I just simply want to know the answer to my five points? 5 simple answers... the solicitor that opted out answered NOTHING just kept asking me questions??Thanks
Customer: replied 1 year ago.
Please read my opening point my questions are..1. The members company could and would have used their personal emailaccounts to communicate information about us\me on occasions to avoid emails going into the company system - Are personal email accounts covered bar SAR's \ What conditions are relevant?2. Is there any other forms of communication covered other than the obvious, letters emails, can voice messages \ text messages be included for example ?3. Can minutes of a meeting be requested - even a board meeting?4. if the information is under a company name as in the case of a supplier. EG the minutes might refer to company xxx ltd as apposed to the individual can this also be requested or can a separate request be made on behalf of company XXX5. If company XXX is for all intent and purposes Fred Bloggs (and individual) can it be argued, that it IS the individual, (asuming companies are excempt from requesting SARS about a themsleves as a company?) or is referring to it as company xxx a way of bypassing SAR's
Expert:  Ash replied 1 year ago.

1. The members company could and would have used their personal emailaccounts to communicate information about us\me on occasions to avoid emails going into the company system - Are personal email accounts covered bar SAR's \ What conditions are relevant

If it is Company related and they were acting on behalf of the company then ONLY those emails relevant would be subject to SAR. The test is ANY data held on a data subject. The members are vicariously liable to the company
2. Is there any other forms of communication covered other than the obvious, letters emails, can voice messages \ text messages be included for example ?
Any data held which is about a subject holder is covered. So yes voicemails, text messages are included
3. Can minutes of a meeting be requested - even a board meeting?
No - these are documents about the business. Only if data is held by that individual at a Board meeting can it be disclosed. General conversation in a Board meeting can not be disclosed, as it is not data held about the individual
4. if the information is under a company name as in the case of a supplier. EG the minutes might refer to company xxx ltd as apposed to the individual can this also be requested or can a separate request be made on behalf of company XXX
Seperate request
5. If company XXX is for all intent and purposes Fred Bloggs (and individual) can it be argued, that it IS the individual, (asuming companies are excempt from requesting SARS about a themsleves as a company?) or is referring to it as company xxx a way of bypassing SAR's

If data is held XXX or Fred Bloggs and they are trading, they are covered by the Data Protection Act.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
HI Alex thank you very much that is the prefect answer I was looking for clear concise and to the point. retsoring my faith in this service.Can you clarify please just Two points?What is the test for privileged information or is there any? Example the meeting is held by the directors and perhaps share holders and senior staff (so not a real board meeting) and the main discussion or one of the main points is the renewal of contracts with company X or person XThis would generate Data about company X or person X and therefore be covered under SARS?A vote would also do the same and therefore the results and who voted what would be covered under SARS?Many Thanks again.
Expert:  Ash replied 1 year ago.

If it's commercially sensitive it won't be disclosed, but you have to be clear it's not just where you are mentioned, you are only entitled to a copy if they hold personal data about you.

Just talking about you is not enough, it must be personal data held about you.

A vote and results would not be covered. This is not personal data held about you.

Does that clairfy? Alex

Customer: replied 1 year ago.
what is the test for personal data?
Customer: replied 1 year ago.
of course the obvious question what are the liabilities - what if they just delete it or say it does not exist?Surely the whole process is therefore circumstantial?Alex you are brill.. :-)
Expert:  Ash replied 1 year ago.

It's is Personal sensitive data held by you. There is no test, it either is or is not, for example personal address or bank account details.

It's not circumstantial, they either have this data about you or they don't.

Alex

Customer: replied 1 year ago.
Thanks Alex.. The burning question is then where the break is? Example I can get my medical records from my doctor which would include the doctors notes on me and details of visits and appointments etc plus notes on conversations he had logged about me..Surely on the original point then he would only have to supply the address he has and any age etc details..if his conversations "about" me that are logged on my file are available - as the same as say a school report...Do not the conversations "about" person X ina meeting and logged (ie minutes) fall under the same?I realise I am going quite technical - however I would like to understand the process, and your one of the few people I have met to give me straight answers?
Expert:  Ash replied 1 year ago.

Yes doctors notes because that is personal information held about you.

Conversations about you - no, that's not personal sensitive data.

Any doubt raise an issue with the information commissioner as they can make a judgment www.ico.org.uk

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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