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GDPR SAR & Pre-action protocols tactics


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Hi guys

 

These recent experiences may be helpful.

 

I submitted an email GDPR SAR request to Cabot based on CAG guidence regarding a threat with menace that is statute barred. I received an automated email the next day requesting name, rank, number, D.O.B. etc within two months (I kid you not). Two weeks later I receive a template postal reponse relying on Article 6 of the Regulation and a lawful base for processing personal data. Helpfully, Cabot confirmed that they were now the Data Controller and that they had received my SAR request (which is now some 28 days ago). Whilst my balls are not crystal... you can read the rest.

"

Dear Sir

I note your mailed letter dated xx August 2018 purporting Cabot Reference xxxx7666 (Corbyn might call this a lack of an English sense of irony).

I thank you for confirming that you are now the Data Controller. I thank you for confirming receipt of my Subject Access Request of xxth July 2018 and your 'relevant team's' response of xxth July 2018. You will be conscious that, under the new GDPR regime, you have one month from its inception to comply with my GDPR 2018 Subject Access Request.

"

On a different, yet related note, I received a letter before action (based on the new pre-action-protocol) from Robbers Way on an Egg account that is statute barred and submitted the advised CAG response. I have the standard response; account on hold blah-di-blah.

 

 

These two CAG advices that I deployed might be usefully signposted as powerful tactical weapons.

 

 

Love

 

 

 

vic

x

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"

At times, for the purpose of debt collection, we will need to share your personal data with other companies:

 

 

...

 

 

Whenever we engage with a third party we ensure that the third party has a similar level of safeguards and controls in place before sharing your personal data with them."

 

 

QED

Edited by victoria_siempre
typo
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Thread moved to the appropriate forum.Please continue to post here to your thread.

 

Regards

 

Andy

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Thanks Andy

 

 

They are on the bounce with a reply this am:

 

 

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"

 

 

My response is:

 

 

"

Dear Sir

You have failed to comply with my GDPR SAR request within the required timeframe. I serve notice that I shall commence proceedings in the County Court in fourteen days without further notice to you. I seek recompense in the sum of £9999 for the distress and embarrassment caused by your processing my personal data in breach of Section 6 of GDPR 2018.

A payment by cheque to the person at the address to whom you are demanding monies with menace will suffice to stop these proceedings.

Yours faithfully

"

There is no danger to me in being identified with a statute barred account; I am interested in the extent to which they wish to chance their arm in a blatant disregard of UK law. Wonga, Cabot, Wonga.

vic

 

 

 

x

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You have failed to comply with my GDPR SAR request within the required timeframe. I serve notice that I shall commence proceedings in the County Court in fourteen days without further notice to you. I seek recompense in the sum of £9999 for the distress and embarrassment caused by your processing my personal data in breach of Section 6 of GDPR 2018

 

A payment by cheque to the person at the address to whom you are demanding monies with menace will suffice to stop these proceedings.

 

If you were to actually bring proceedings for this, then a judge would likely see your actions as nothing more than vexatious.

 

Cabot have, rightfully, asked for further information to confirm your identity. This essentially puts your right of access request on hold until you respond. It appears that you haven't responded to their request for further information.

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"

At times, for the purpose of debt collection, we will need to share your personal data with other companies:

 

 

...

 

 

Whenever we engage with a third party we ensure that the third party has a similar level of safeguards and controls in place before sharing your personal data with them."

 

 

QED

 

I hope in your SAR you requested the name of any third party and the dates which they have shared your personal data including debt collectors, solicitors etc. If that is more than 30 days and those third parties have not written to you with the relevant article 14 information then you have a case against those parties under the gdpr

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I hope in your SAR you requested the name of any third party and the dates which they have shared your personal data including debt collectors, solicitors etc. If that is more than 30 days and those third parties have not written to you with the relevant article 14 information then you have a case against those parties under the gdpr

 

This is not correct.

 

If a data controller provides your personal data to a third party, in most cases they will be a data processor rather than a data controller. There are some scenarios when a third party will be a data controller and this will be determined by the relationship with the original data controller (the ICO may well ask to see the contract between the parties to establish the nature of the relationship).

 

If a third party is a data processor, they do not have to provide you with your personal data and they should just forward any SAR back to the original data controller.

 

However, if a third party is a data controller, then you would need to submit a new SAR to that third party.

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  • 4 weeks later...

Hi guys

 

 

I have not heard a dicky-bird from Cabot since. Notwithstanding the barrack room theology of how many data controllers may dance with data processors on the point of a needle, the tactical request has achieved its purpose in that the account is now unambiguously statute barred. Should I hear from Cabot again, I shall instigate a small claim for the principled enjoyment of it.

 

 

On the Egg matter, Robbers Way have also maintained radio silence, and their's is unambiguously statute barred in any case.

 

 

So, after many long years of harrassment (about eight I think), I am finally free thanks to CAG. I started with 55k of claims: have paid 1k in part settlement (this was a mistake as dx rightly told me); have been to court only once, where I won against MKDP for 13k with £450 costs as a LIP, which was scary but boosted my confidence thereafter.

 

 

Go well all Caggers

 

 

 

Love

 

 

vic

xxx

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