ATOS and SAR - when reply by

[scousegeezer]

Hi Evry1,

Had my ATOSH medical on 28th April 10. On 5th May sent a SAR request to them, they received it on 6th May - signed for and I have the proof. I have not yet received a reply. It has been sixty days now. OK allow them a few days as it had to be sent from London to Blackpool which is were their IT section apparrently is. So lets say they have had it for 53 days. I thought they had to reply within 40 days - is that correct please, and is it 40 days or 40 working days. If they are outside their time limit , what do I do now .

 

Many thanks - Scousegeezer

[MARTIN3030]

Its 40 days from when they rec it (accompanied by the £10)

Weekends count-but allow extra for bank holidays.

Ok send them the Data Protection non compliance letter (find this in templates)

 

Can you confirm the postcode you used to send it ?

[MARTIN3030]

This is their entry on the ICO register.

 

 

Registration Number: Z6148679

Date Registered: 07 December 2001 Registration Expires: 06 December 2010

 

Data Controller: ATOS ORIGIN IT SERVICES UK LIMITED

 

Address:

NO 4 TRITON SQUARE

REGENT'S PLACE

LONDON

NW1 3HG

Other Names:

SCHLUMBERGERSEMA

BR BUSINESS SYSTEMS

SEMA UK LIMITED

ATOS ORIGIN MEDICAL SERVICES

ATOS HEALTHCARE

[postggj]

i did an sar on atos and they responded within 30 days

 

have you phoned them to ask if its been sent out

 

it may need a gentle knudge

[scousegeezer]

Martin,

I sent the SAR to NW1 3HG - in London. I had a letter back within a week stating that I had sent the request to the wronng place, but that they had forwarded it on to the correct office which is in Blackpool. Full address avaiable if anyone wants it. By the way they returned my cheque for £10 stating that they do not charge for the service. I have the returned cheque and letter as evidence.

 

Cheers - Scousegeezer.

[MARTIN3030]

Yes some organisations return the fee-this does not affect their obligations to comply by 40 days.

 

No harm to call as Postggi suggests,but if you do this,log the time and date,and get a name of the person you speak to.

 

A letter reminding them,and sent by recorded delivery will be good evidence of support later should you need this.

They are well over the 40.

[scousegeezer]

Martin,

Having a bad day , please advise where the templates are. Please dont put a link in to them. Tell me and then I will be able to find them again in future.

 

Cheers - Scousegeezer

[scousegeezer]

Martin,

Having a bad day , please advise where the templates are. Please dont put a link in to them. Tell me and then I will be able to find them again in future.

 

Cheers - Scousegeezer

[postggj]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

 

 

 

 

[name]

 

.

[paulb1310]

I have fax numbers for their office in London and customer complaints in Leeds if anyone would like me to put them on the site?

[MARTIN3030]

Yes put them here Paul I will include them in the stickie.

[MARTIN3030]

Martin,

Having a bad day , please advise where the templates are. Please dont put a link in to them. Tell me and then I will be able to find them again in future.

 

Cheers - Scousegeezer

 

You should find them in the drop down menu.These are close to top.

We dont like to post up letters because we know people who are here as guests pinch them.

Thats why the library can only be accessed by reg users.

[postggj]

Sorry Martin

 

Did Not Think Of That

 

Deleate If You Wish And Replace With The Link If You WANT ALSO

[MARTIN3030]

Its ok lets leave it.

 

But looks like this in menu;

 

The Consumer Forums libraries - bank charges materials and other issues The Consumer Forums materials base.

These materials have been moved. Please follow this link to see them

YOU will need to register to view these materials

REGISTRATION IS FREE

[scousegeezer]

Post + Simon,

This looks like it may get interesting. The letter I had from ATOSH dated 12th May acknowledging their receipt of my request, had an 0113 phone number on it. I phoned that number and spoke to a lady. I explained what I wanted and she gave me an 01253 phone number to ring and follow up my request. I rang that number and spoke to a guy called John. I explained what I wanted and he replied " I dont work for ATOSH, I work for the DWP". So I have made a request of ATOS and they are passing the buck to the DWP. Howevber, my request was specifically made to ATOS and they have acknowledged receipt. My opinion is that ATOS cannot pass the buck to the DWP as the ATOS doctor was making entries on their computerised system whilst I was at the "medical". So, do I send the letter before action to ATOS now.

 

Cheers - Sccousegeezer.

[MARTIN3030]

You are correct.

ATOS are the ones responsible for furnishing your SAR-and after all it is they who it was sent to.

DWP are just their third party agents here.

 

You should send the non compliance letter to the London address-as is registered with the ICO-and mark it Data Compliance Manager.

Make sure that you send this recorded.

Personally I would be sending it special delivery.

[scousegeezer]

Simon,

How is the attached letter before action please.

 

Cheers - scousegeezer

scan0001.pdf

[postggj]

its the data protection act 1998

 

send recorded/special delivery

[scousegeezer]

POst,

Duly ammended. Apart from that do you think it's OK.

Cheers - SG

[postggj]

yep

 

send it

[scousegeezer]

Post + Simon,

Thanks for your help. Depending on what happens next, I will come back for some more advice.

 

Cheers - SG

[scousegeezer]

OK Evry1,

Letter sent special delivery. After the seven days have expired - what next. Do I apply to the small claims court or what.

 

Cheers - Scousegeezer