SAR request extension

[daverules]

Hi there

I have been helping a friend of mine with his unfair dismissal case which is now with a solicitor.

 

On the 10/02/2020 I sent a sar to his company  and have recieved the answer from them on 09/03/2020 and wondered how I should proceede.

 

I understand the one month is reasonable but a further two months?

 

Sorry if I placed this in the wrong forum.

 

Regards

Daverules

 

[BankFodder]

You could send them a letter of claim giving them 32 days – fix a date.

Tell them that being a small company should mean that it is easier for them to produce the information that you require. Also, the fact that they have left it to the last moment to ask for this extension suggests that they are not taking their statutory request seriously.

You are granting them an extension until XX date and if you do not have the disclosure informed by that date you will issue proceedings and without any further notice

Tell them also that there is no right to extend the deadline in the way they suggest – and if they want they can explain that to the judge if that's the way they want to go

[daverules]

Thank you BankFodder

 

I am doing the letter of claim now, I was concerned concerned as on the ICO website it says the following:

Can we extend the time for a response?

You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

 

Reading their response that says they "reserve the right to exercise the right to extend the deadline by a further 2 months if required" so I assume they looked it up.

 

But i will take your advice and proceede with the letter.

 

Regards

daverules

 

[daverules]

Hi

I wonder if you could take a quick look at this letter and tell me if it's to much or where it is incorrect.

 

Reference: GDPR Letter Dated 10/02/2020

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

Failure to provide the material requested in way of a GDPR request within one calendar month.

From you I am claiming all material as described within my GDPR request.

Listed below are the documents on which I intend to rely in my claim against you:

GDPR request letter as posted on 09/02/2020 and Proof of posting receipt dated 09/02/2020.

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you, and for any doubt this includes Wage slips and Time sheets.

 

I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.  

I also require you to confirm whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.  

 

Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.  

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. 

I would invite you to put forward any proposals in this regard. 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I believe being a small company should mean that it is easier for you to produce the information that I require. Also, the fact that you have left it to the last moment to ask for this extension suggests that you are not taking their statutory request seriously.

I look forward to hearing from you within the next 32 days, the date being 13/04/2020

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully, 

 

 

Regards

daverules

[daverules]

Sorry but the paragraphs seem to be close together, was not how it looked when i posted it, once again sorry.

[BankFodder]

I'm afraid I had forgotten the extension rules. Don't send this letter. It needs to be fundamentally changed anyway.

[BankFodder]

I wouldn't worry about all the pre-action protocol stuff in your letter.

You need simply to get down to the point.

Yes I'm sure that it's a load of rubbish but they are simply using the rules and am afraid that you have to take them at their word. There's nothing that you can do.

The wording of the letter was ambiguous. It almost suggests that they are asking for a one-month extension and then they reserve the right to extend a further two months.

Clearly three months is the maximum by which they can exchange.

I would send them that very simple letter of claim.

I would send you point out that you receive notice of their extension. I would also point out that you don't believe that the request is large or complex and that they are simply playing games but despite that you realise that you have no option other than to accede to their extension.
Therefore they are on notice that if you have not had the disclosure at the end of the 30 day extension that you will begin legal proceedings.

However, you fully expect that in view of the fact that they want to play the system that they will then notify you of the need for a further extension and so if they do notify you of a further extension, they should consider that this letter of claim will itself be extended to that new deadline of the first 30 days after which a County Court action will be started against them and without any further notice.

I would suggest that you work out the dates of the first 30 day extension and then the second 30 day extension.

It's very frustrating. There's nothing you can do. They clearly gaming the system – but I would suggest that you now harden your resolve to bring an action at the end of the second 30 day period if they haven't produced the disclosure that you want.

[daverules]

Thank you BankFodder, I will do as you sugest, once again many thanks for your help.

 

[BankFodder]

Post a draft here before you send it off

[daverules]

Hi here is a reduced draft of what I will send:

 

Reference: GDPR Letter Dated 10/02/2020

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary.

You have failed to provide the material requested in way of a GDPR request within one calendar month.

From you I am claiming all material as described within my GDPR request.

Listed below are the documents on which I intend to rely in my claim against you:

GDPR request letter as posted on 09/02/2020 and Proof of posting receipt dated 09/02/2020.

I believe being a small company should mean that it is easier for you to produce the information that I require. Also, the fact that you have left it to the last moment to ask for this extension suggests that you are not taking their statutory request seriously.

I look forward to hearing from you within the next 32 days, the date being 17/04/2020

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully, 

 

Many thanks for viewing this for me

 

daverules

[daverules]

Hi BankFodder i wonder if you could run your eye over the above for me.

 

Many thanks.