Compliance Order - Scottish Courts

[köszönöm]

Hello,

Can anyone advise best way to proceed for a compliance order relating to a long overdue SAR? 

They (Council) wrote me to notify of an extension as the request was deemed "complex". Deadline came & went still not a cheep. Wrote a complaint to them to which they did not respond.

Filed a complaint with ICO. ICO have written to the Council. 2 days after the letter was received by the ICO, I received an email from a Council officer implying he had rights of entry to demand discussion of my SAR.  I wrote back telling him he had no such powers & all correspondence must be in writing.

I wish to move directly to obtaining a court order for compliance. Any advice would be greatly received.

[dx100uk]

58 minutes ago, köszönöm said:

I received an email from a Council officer implying he had rights of entry to demand discussion of my SAR.  I wrote back telling him he had no such powers & all correspondence must be in writing.

eh> say that in english?

dx

[köszönöm]

That's precisely what happened.

The Council officer is a planning enforcement officer - who's apparently dealing with my Subject Access Request. I suppose its some form of bullying as they don't want to fork over my data. Difficult to read it any other way.

He claims he "was asked" to come to my property to investigate a planning complaint & discuss my SAR & that he has rights of entry to do so. This email arrived two days after the ICO notified me they had now written to the council & I hadn't heard anything from them at all since April when they said my request deadline would be extended. 

Has anyone here used Simple Procedure to obtain a compliance order in Scotland for a SAR? Seems to me that is likely the correct route but, I came across a court document from a Sheriff's Court where even the Sheriff stated they were unsure if Simple Procedure was the correct route. They went ahead and made a decision on it anyways though. (Attached) 

 

 

2019-05-06 SPC Claim Ashworth re SAR compliance.pdf

[dx100uk]

well i was already thinking if there were a route it would be using an SPC claim yes, so looks the way to go

luckily ive been involved in numerous SPC claims here so..

as for that person that wants to force entry to interviews you about this, thats wild. there is certainly no such rule allowing that.

 

dx

 

[köszönöm]

I forwarded this email from the officer to the ICO but, I don't think they understand what is going on frankly as the case worker just gave me some shpeel about there is nothing in the DPA about who the DPO delegates duties for SAR requests too.

I've been subjected to 17 years of harassment from this Council off the back of vexatious complaints from a handful of mentally ill individuals.

Not a single complaint has ever come to anything in all those years.

One of the vexatious complainants was arrested & convicted on stalking related charges against myself & several of my neighbours a few years ago.

These individuals hide behind privacy policies regarding complaints to the Council & get the Council to harass myself & other neighbours over it. Hence the SAR request.

I requested my case file and all of the details of the complaints made in relation to myself so I can finally pursue legal remedy against the vexatious complainants & sort this out.

However, the Council themselves has acted in a cavalier manner & its my belief they are refusing to fulfil the SAR as legal protection for themselves as well.

Hence why it seems they want to bully me over my complaint to the ICO using these tactics. Not surprising to me frankly as this isn't my first rodeo with this lot & they've used & attempted to use worse tactics than this in the past.

As the ICO doesn't seem to understand what this latest response from them is about, I'm not waiting around for them to do anything. I don't believe the Council will fulfil the SAR without a court order compelling them to do so, so I'm not inclined to wait much longer before taking further action.

Now just want to get all my i's dotted and t's crossed on the procedure and move forward with it,

any advice is appreciated 

[dx100uk]

though there might be a much bigger picture here.

the council might be correct in certain aspects, the complaint letters against you would need to be redacted as you wont be entitled to know who complained against you. re their own GDPR rights

i dont think this is something this forum should get involved in given the above information 

dx

 

[köszönöm]

Overriding legitimate interests is for the DPO to weigh up. Also, Article 6 of the Human Rights Act states individuals have a right to know the nature of allegations against them. Also, if recent complainants are the individual convicted of stalking charges its a police matter, isn't it? If they want to deliver them redacted they can, overriding legitimate interests can be argued later. They also owe me my entire case file. I've received none of it. I've not even had a response to it.

Why do the details of my case come into whether anyone here should help me figure out the Simple Procedure process?

[stu007]

Hi

I have to agree with dx100uk on this matter.

There seems to be two matters involved here.

1. The SAR and Complaint to the ICO with the action of that Council Planning officer wanting to discuss planning complaints & at the same time the SAR and they Council has the Right to Force Entry.

2. The Harassment over numerous year with different complaints etc although linked to above.

 

That Council Officer has NO right of Entry whatsoever and why is he wanting to discuss your SAR when this matter should be dealt with by the Councils Data Protection Officer and they will have one.

You need to do the following:

1. Update the ICO of the Councils actions especially with that Council Planning Officer (which I note you have done)

2. Formal Complaint to the Council on there failure to date to comply with a SAR and the actions of that Council Planning Officer especially stating they had the Right of Entry to discuss planning matter and SAR and why is a planning officer dealing with the SAR matter when the Councils Data Protection Officer should be dealing with this.

 

I have to agree when it comes to a SAR there will be a lot of information that is redacted due to DPA/GDPR they are not as such protecting these individual you are on about it is that the Council legally due to law can't give you certain information with your SAR so :

1. Certain information with your SAR maybe redacted  or

2. They may not give you certain information but explain why you can't have that information

I can appreciate that you want to take this to Court but also keep updating the ICO on the Councils inaction with your SAR Request and Get that Formal Complaint into the Council about the that Council Officer as well. 

I will mention this when it comes to Councils as I am unaware if you have done this, so what you need to bear in mind is that you also use there own Policies and Procedures against them and the way to do this is by either requesting those Polices and Procedures or looking them up on their website.

When you get what you want you need to think to yourself when you read these 'DID THEY DO THAT' if not mark/highlight that and as you go through these you build up a case to throw there own policies and procedures back at them that they haven't followed. (used this exact tactic with my own Council at the time in Scotland during over a 3 year fight and they lost big time) something to bear in mind for now and in the future.

 

 

[köszönöm]

Thanks, but, I don't require any advice re the Council.

I've a lot of experience dealing with them.

I know exactly what they are due me & I'm well aware of what they'll probably redact but, it doesn't matter, I already know who the complainant will be because it is a fictional allegation. The fictional allegations all come from the same handful of individuals. The police will be involved once I receive the content.

As I said, this is not my 1st rodeo with this lot. I've already won planning enforcement appeals against them for neighbours and all sorts over the years.

Complaints do nothing re the officer, I've already complained about him ages ago & they throw it out and claim they are "overworked" which is the supposed cause they claim of his issues.

This is more of a rogue organisation than any sort of properly functioning public authority.

They aren't worried about the complaints aspect, they're more worried about what else is in my case file regarding their own operations & what I intend to do next about it & so they should be.

I'm here only for advice on doing the Simple Procedure myself because it seems it will come to that as its clear they are obstructing access.

But, so far, I'm quite miffed my posts/titles are being edited here to say things I didn't say & dx says they won't help me anyways. So, I've already reported this thread to be deleted which they haven't done yet. 

[Nicky Boy]

Hi köszönöm,

I'll try to explain about the change in your post title...

Bottom line is, it's just for Google.

When users like yourself go looking for help on the internet you type in a query, which Google tries to match up.

Changing / editing a topic title is done in an attempt to make more sense or give more information to google and other search engines.

It just helps other users, looking for help in similar circumstances to your own.

It's no reflection on your own choice of title and no offence is ever intended.

Unfortunately, we don't delete topics, because it might just be this topic that helps someone find CAG for help.

Best of luck with your problem and I'm sure the team will help however they can.

[köszönöm]

lol. So, you don't think Reclaim the Right Ltd. is bound by the GDPR? 

Dx, who I assume is some sort of moderator already said this forum shouldn't get involved.

So, you only help "some" folk.

Why should my thread help anyone if you're not going to be involved in helping me any anyways?

Anyways, only joined as I saw other folk were doing similar but, in England mostly hence the question.

Then dx wants all sorts of details & then edits my thread & then says this forum won't be involved? lol. 

Don't know what type of operation is being run here but, I've seen enough.

[Nicky Boy]

13 minutes ago, köszönöm said:

lol. So, you don't think Reclaim the Right Ltd. is bound by the GDPR? 

I've no opinion. Not even read the thread.

I only picked up on the concerns raised in your report.

 

34 minutes ago, Nicky Boy said:

I'll try to explain about the change in your post title...

...Is what i said... and it's the only comment I'll be making.

I'll repeat my previous sentiment and wish you all the best for the future.

[honeybee13]

We can close your thread if you like, so there won't be any more posts on it.

If you want your account deleted, you need to contact site admin and ask them to organise it.

HB

[köszönöm]

I've asked for the thread to be deleted as well as the account already. 

[honeybee13]

As NB explained, we don't remove threads because then we wouldn't have all the information that people come to CAG for. We can lock the thread, as I said.

You can contact Admin about removing your account via Contact Us.

HB

[köszönöm]

What here helps anyone? 

[Grotesque]

@köszönöm Contacting Site Admin might help you, as—to be fair—you've been advised twice by now...?