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This is the letter to my MP from the Minister at Ministry of Justice. My MP has asked me to get back if there are any further issues I wish to raise having looked at this letter. Suggestions welcome.

 

Dear.......

 

Thankyou for your letter of.............to Jack Straw on behalf of your constituent, CAGger who is concerned about his personal information, derived from the electoral register and other sources, being published on the website 192.com. I am replying as the Minister responsible for data protection.

 

I understand CAGger's concerns. The Data Protection Act 1998 (DPA), governs the processing of personal information, which includes the type of handling of personal data undertaken by 192.com. The requirements of the DPA are regulated and enforced by the independent Information Commissioner. Therefore, I hope you will understand that I am unable to comment on whether the Act has been correctly cited in specific circumstances. However, I hope it will be helpful if I provide some general information on how the legislation operates.

 

The DPA aims to control the way personal information is handled and gives legal rights to individuals who have information stored about them. This ensures that any sharing of personal information is conducted in a lawful and proportionate manner, with appropriate safeguards in place. The Act regulates the obtaining, holding, use and disclosure of personal data, including disclosure online, and uses the term processing to describe all these functions. Organisations wishing to process personal data must comply with the DPA's eight data protection principles, the first of which states that personal data must be fairly and lawfully processed.

 

In order for data to be fairly and lawfully processed, at least one condition in Schedule 2 to the DPA must be satisfied. These conditions include consent (i.e. the data subject has given their consent to the processing) or that the processing is necessary for the purposes of legitimate interests pursued by the data controller, or by the third party or parties to whom the data are disclosed. However this latter condition does not apply where the processing would prejudice the rights and freedoms or legitimate interests of the data subject.

 

It is therefore possible in certain circumstances for personal data to be passed on to third parties without the knowledge or consent of the individual concerned. However, the Information Commsissioner has said that, as a matter of good practice, organisations should tell their customers in clear, understandable terms how they are going to use their personal data and with whom they are going to share it. This information should be set out in an organisations privacy notice, otherwise known as a fair processing notice.

 

As mentioned earlier, the DPA gives important legal rights to individuals who have information stored about them. Under section 10 of the DPA, an individual has the right to object to the processing of personal information if it is causing or is likely to cause substantial damage or substantial distress to him or another person, and that damage or distress is unwarranted. Further information on how to prevent the processing of personal information can be found at:

 

http:/www.ico.gov.uk/for organisations/data protection guide/the rights of the individuals/preventing processing likely to cause damage or distress.aspx

 

The Information Commissioners view is that 192.com has to comply with any requests to remove personal information from the website and that personal data should not continue to appear on the website in question after a removal request has been made. CAGgers may therefore wish to contact the Information Commissioner to discuss the matter further by writing to:

 

Information Commissioners Office (ICO),

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire

SK9 5AF

 

The ICO can also be contacted by telephone number on 01625 545745 and through their website at www.ico.gov.uk

 

The Information Commissioner can investigate the matter. If he concludes that any of the Act's principles are being breached, it is open to him to take enforcement action against the organisation concerned. This can include the requirement to cease processing certain information, or be subject to criminal sanctions.

 

From the information CAGger has provided, it apears that most of the information 192.com is publishing has not been derived from the electoral register, but from another source. For example, the electoral register does not contain details of birth records, mother's maiden names or phone numbers. However, the Government is aware of the concerns of electors regarding the edited version of the electoral register. On 11 July 2008 the Walport-Thomas Data Sharing Review presented its final report to the Justice Secretary. The review recommended that the Government remove the provision allowing the sale of the edited register, thereby rendering unnecessary the exercise of any option by electors.

 

The Government is currently consulting on the future of the edited register. The consultation was launched on 24 November 2009 and aims to build a firmer evidence base about advantages and disadvantages of the edited version of the electoral register and the impact of any changes made to it. The consultation can be found at:

 

http:/www.justice.gov.uk/consultations/electoral-registers-consultation.htm

 

and closes on 23 February should CAGger wish to respond.

 

Postamble and sign off.

 

 

 

 

My take is that 192 must remove all data if asked to do so and that consent is an issue. Result?

Edited by kurvaface
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It now appears that they only removed my data from the data you can get for free - if you pay, it is all still there. So, I sent them a letter before action telling them I will take them to court under s14 of the DPA 1998 if they don't comply with my statutory notice under s10 within 14 days.

Steven

 

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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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It now appears that they only removed my data from the data you can get for free - if you pay, it is all still there. So, I sent them a letter before action telling them I will take them to court under s14 of the DPA 1998 if they don't comply with my statutory notice under s10 within 14 days.

please post up your letter as i would like to use it to send to them

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My letter is basically as follows:

i-CD Publishing (UK) Ltd

Units 8-10 Quayside Lodge

William Morris Way

London SW6 2UZ

 

 

LETTER BEFORE ACTION

 

Dear Sirs

 

On 1 January I sent you a notice under s10 of the Data Protection Act 1998 requiring all data relating to me to be remove from your website. You replied on 5 January suggesting I complete a form C01 which I duly did by return.

 

However, having opened an account with 192.com, I see that, although my data does not appear as free data, it is still there for anyone wishing to purchase it.

 

As I have already mentioned, I sent you a notice pursuant to s10 almost a month ago. You have no right to publish my data as you only do it for profit – you have no legitimate reason under Schedule 2 of the DPA 1998.

 

I am now writing to inform you that, as you have ignored my statutory request, I am giving you 14 days to remove all data relating to me and to write and inform me that this has been done. If you fail to do this, I will begin proceedings in the County Court under s14 of the Data Protection Act and, if I consider that your disregard of my s10 notice has caused me actual harm (for instance in me having to change credit cards as a result of my identity checks being compromised by the publication of my data by you), I will also request compensation under s13.

 

I hope I make my position clear.

 

Yours sincerely

 

Steven4064

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Is there some oragnaisation that you could get to work on behalf of security services LTWFB?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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not aware of any

 

But I'm positive that address details of past and serving police and prison officers home address details are on there

 

110% positive in fact

 

And I believe that 192.com are open to claims for damages on those grounds

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I've had a thought about this overnight

 

my MP,who doesn't live very far way from me,will be getting a letter about this,as well as the Police Federation and Prison Officer's Association in Northern Ireland

 

this could open a right hornet's nest,and hopefully a ton of compensation claims against them

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Guest HeftyHippo

My OHs uncle used to be a cop in NI. Despite not knowing where he lived, but knowing his name and wife's name. I found him in 2 minutes. Of course, anyone in the UK that may be at risk could be identified if you know there name and rough age and roughly where they live

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