breached S.A.R WORK FILE

[lufc]

HI NEED HELP WITH A LETTER...my son sent is employer a letter which he got from the i.c.o web page it was a S.A.R for a full copy of his work file which the 40 days as lapsed and breach they state that every bit of his work file is data protected need advise thanks

[Weird Al Yankovic]

What sector does your son work in?

 

I assume from what you have posted that they have informed your son that they have complied as far as need be?

[lufc]

What sector does your son work in?

 

I assume from what you have posted that they have informed your son that they have complied as far as need be?

 

 

 

 

secter life gaurd nope they refuse to give a copy of work file....say every thing is data protected

[ScarletPimpernel]

Is the employer registered as a data controller with ICO?

 

Is the employer a company or, from the job, a local authority? Have they given their answer in writing?

[lufc]

Is the employer registered as a data controller with Information Commissioners Office?

 

Is the employer a company or, from the job, a local authority? Have they given their answer in writing?

 

 

its a company state all work file is data protected and he s.a.r them and refuse to comply with is request

[ScarletPimpernel]

In their refusal, did they state under which part of the Data Protection Act 1998 they consider the data is exempt from disclosure, or is it just a straight refusal?

[lufc]

In their refusal, did they state under which part of the Data Protection Act 1998 they consider the data is exempt from disclosure, or is it just a straight refusal?

 

 

 

nope just stated each and every page in work file is data protected ......

[ScarletPimpernel]

It sounds as if they don't understand their obligations under the DPA 1998. Have you done a search of the ICO database to see if they are registered as data controllers?

 

Ultimately, I suspect that you will have to either complain to ICO, or take them to court, in order to get them to disclose.

[lufc]

It sounds as if they don't understand their obligations under the Data Protection Act 1998. Have you done a search of the Information Commissioners Office database to see if they are registered as data controllers?

 

Ultimately, I suspect that you will have to either complain to Information Commissioners Office, or take them to court, in order to get them to disclose.

 

 

cheers is there a link for Information Commissioners Office data base

 

was going to send them a letter stateing their in breach but dont not know how to do letter stateing their in breach

[ScarletPimpernel]

ICO database

 

As you'll see, the database isn't always up to date - but if the company appears not to be registered, you can phone ICO and check. They are legally obliged to be registered.

 

The law requires a data controller to supply the data in response to a SAR, though there are a few exemptions. All the data in an employer's personnel file is unlikely to be exempt.

 

I'd suggest that the first thing to do is check that are registered - and if so, that they are correctly registered. If you pm me their name and address (& registered office address, if different), I'll be happy to check for you. Depending on the outcome of the check, I can draft a suitable letter.