Employer didn't comply to SAR - advice needed for court proceedings

[Sve]

Dear all,

 

I'm hoping you could help me with advice - I have sent my ex-employer a Subject Access Request in order to use the results in an upcoming tribunal proceedings. Employer sent me some irrelevant information and said they don't think they need to comply any further, although I sent them quotes form the ICO website which state otherwise.

I now intend to take them to County Court to enforce compliance. I am struggling with the exact form I need to fill out and what is it I need to do exactly. I search the site and several people noted that I need to pursue this under the Small Claims Track? I also found this website with forms - LINK - but I'm not sure if they are the ones I need and which one should I complete?

 

Any help and guidance would be greatly appreciated!

Thank you!

[becky2585]

Hello

 

Have you contacted the Information Commissioners Office? That would be the recommended strategy before issuing court proceedings.

[Sve]

Hi Becky,

 

I have not contacted ICO - I was left with the impression that you can either contact ICO which will review the case for you OR pursue solution through the Court - wasn't aware that ICO would advise of strategy?

 

Thank you

[becky2585]

I think the ICO is better than the court, at least as a forst port of call. The court can order inspection of documents, but they may not order disclosure to you! They can also only compensate you once you've shown financial loss or emotional distress as a result of their breach.

 

The ICO has the power to serve notice on your employer ordering them to provide the information. I would strongly suggest trying them first, they've been very helpful to me in the past.

[Sve]

Ah thank you for the clarification - I will look on the ICO website how to go about complaining to them first.

 

Many thanks!

[BRIGADIER2JCS]

The overriding fact is a SAR requires ALL data

heldon the data subject.