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N1 for SAR Non-Compliance by DCA


scatterheart
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Hi all, I am currently at the stage where I am submitting a court claim against my DCA who haven't complied with my S.A.R - (Subject Access Request). I've already sent the LBA and am well past the 7 days but I haven't submitted yet as I'm unsure on a couple of points. My main topic about my situation is here http://www.consumeractiongroup.co.uk/forum/students/122527-nhs-bursary-debt-help.html

 

I have the main body of the N1 completed, I just want to clarify a few things, if anyone can help I would be most grateful.

 

I received a letter from the DCA last week following my LBA, as follows:

 

I have been passed your letter of complaint. I am writing to inform you that I will be investigating the issues you have raised and will revert to you within the next 14 days.

 

You will be aware that under the Data Protection Act 1998 Controlaccount Plc are acting as the data processor for your account and NHS Student Grants Unit are the Data Controller, therefore I must revert to NHS Student Grants Unit to check the documents that you are referring.

Does this mean that I cannot claim against the DCA, as they state they are not the Data Controller. In the POC I am using it states "1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject".

 

If I submit my claim and then the DCA eventually supply the documents before any court date, would I be reimbursed the court fee by the courts, or would the DCA have to pay me this?

 

And finally, where it says Value on my N1, am I right in putting "I expect to recover not more than £5,000"? How do I go about estimating the costs, where it says in the POC "Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £..........".

 

Many, many thanks for any assistance. I'm really worried about submitting something erroneous and looking like a plonker :rolleyes: Need the DCA to start taking me seriously.

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It depends - under the DPA, they need to provide you with the data THEY hold on you - if you sent a SAR to NHS Student Grats then they would ahve to provide all of the information they hold on you.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Ok I see, thank you tiglet. I was previously told that it was reasonable to expect the DCA to obtain any information from their client that they didn't hold themselves, but perhaps I would have been better off SARing the NHS SGU then.

 

I'm not sure whether this means that my court claim would be valid then, as some of the things I am requesting will be things that the NHS holds.

 

As for "additional costs incurred", does this sound reasonable...

 

£10 per letter I have had to send to them regarding their non-compliance, LBA etc with regards to preperation and research time spent, £1.04 per letter for the Recorded Delivery fee, £10 for my postal order for the SAR.

 

As this states "additional costs" I assume this value is to be the amount excluding my court costs?

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I would say that sounds reasonable.

 

Unfortunately, if they are not the data-controller for the information you are seeking, they are under no legal obligation under the DPA to provide it to you - they can ask their clients, but I would suggest sending a SAR off sharpish to NHS SGU as a separate issue to the non-compliance of the SAR with the DCA.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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