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Hello,

 

 

I sent an SAR to a company, they have only partly responded with bits of data, much has been withheld. I have sent a further letter stating that they have not complied fully with the SAR and that if i don't receive the remaining items, then I will proceed to complain to the ICO and take it to court.

 

 

My question is, do i complain to the ICO first and then go to court for nominal damages, or do I make a court claim first, then send my complaint with the judgement to the ICO?

 

 

Thanks.

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It depends on why its been withheld.

What is the reason they give?

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I personally favour going to court for damages because it keeps you in control of the process and (if successful) it imposes a financial cost on the organisation for the breach of your rights.

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Don't know whether the new regulations are the same but under the previous regime if you went to Court then the ICO would not get involved.


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I am not to sure but maybe get the enforcement notice of the ICO and then take to court , but this just my opinion

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Both processes take time the big differnce being the Court route costs hard cash, the application fee initially being some £355 or thereabouts but providing you can prove they have done nothing or there are bits missing you can crack the whip against them.


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If you're going to court to enforce the disclosure of the requested information it may cost £355. If you're suing for non-material damages due to their failure to provide the information requested it's a good deal less.

 

There's already case law in existence regarding non-material damages for distress in cases where data legislation has been breached: https://www.gov.im/lib/docs/odps/cl_halliday_v_creation_consumer_fina.pdf

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If you're going to court to enforce the disclosure of the requested information it may cost £355.

 

It would also be a Part 8 claim and opens a whole new potential set of costs if the claim for disclosure fails.

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