SAR non compliance

[nannamoon1]

I hope someone will be able to give me the answer to this:

 

Sent SAR to Haliprats (fraud issue) in February, after constant letters and reminding them of their obligation to comply, only after 5 1/2 months did they decide to respond.

 

However they have only sent what they want me to see, no surprise there really, considering they know they are in the S**T.

 

The question I need to ask, am I now obliged or do I have to send them a non compliance letter given them yet another chance to fully comply with my request.

 

I just feel that they have had more than long enough, and I just want to go to court to make them fully comply.

 

If the answer is "yes" I can go straight to court, would I state on my N1 form "non compliance to SAR" or would it be "partial non compliance to SAR as they have supplied some information"

 

Any help would be greatly appreciated.

[Curlyben]

Yep, you have to send them a non-compliance LBA and then go for the throat and court action.

[Percival Wigglesbottom]

I'd contact the information commissioner , especially considering you waited 5 and a half months. Explain to them what kind of information you received , and then inquire as maybe the need for the data protection supervisor to undertake an assessment and retrieval of the information on your behalf if you think they are withholding data. Looks like you would need an independant person/dept in this case anyway . You can get them to go in if no S.A.R within 40 days, but you'd have to ask them if they would do it in this particular case.. which is somewhat different. But if the data protection supervisor is asked to perform just an assessment on your data.. he has to do it by law . So... maybe you want them assessed ? I think I'd get their opinion/assessment first , make for a better informed response on the N1 form .

 

There is no extension of the 40-day time period for obtaining consents. Failure to respond to a subject access request within the 40-day period gives rise to the ability of the individual to obtain a court order to require the data controller to comply with the request. In addition, failure to respond within 40 days will be a breach of the Sixth Data Protection Principle. Any person affected by the breach may bring an action for damages (provided they can prove loss) and any associated distress.

 

I think you seem very distressed over this disgraceful wait of 5 and a half months Nanna ?...

 

 

If everyone on this forum.. each put in a S.A.R - (Subject Access Request) to their respective dca on the same day , it would be devestating. A system meltdown ...

 

Right, I'm off down the Post office for a £10 PO.

[nannamoon1]

I'd contact the information commissioner , especially considering you waited 5 and a half months. Explain to them what kind of information you received , and then inquire as maybe the need for the data protection supervisor to undertake an assessment and retrieval of the information on your behalf if you think they are withholding data. Looks like you would need an independant person/dept in this case anyway . You can get them to go in if no S.A.R within 40 days, but you'd have to ask them if they would do it in this particular case.. which is somewhat different. But if the data protection supervisor is asked to perform just an assessment on your data.. he has to do it by law . So... maybe you want them assessed ? I think I'd get their opinion/assessment first , make for a better informed response on the N1 form .

 

There is no extension of the 40-day time period for obtaining consents. Failure to respond to a subject access request within the 40-day period gives rise to the ability of the individual to obtain a court order to require the data controller to comply with the request. In addition, failure to respond within 40 days will be a breach of the Sixth Data Protection Principle. Any person affected by the breach may bring an action for damages (provided they can prove loss) and any associated distress.

 

I think you seem very distressed over this disgraceful wait of 5 and a half months Nanna ?...

 

 

If everyone on this forum.. each put in a S.A.R - (Subject Access Request) to their respective dca on the same day , it would be devestating. A system meltdown ...

 

Right, I'm off down the Post office for a £10 PO.

 

I have already been in contact with the ICO, my case has been passed to the department, that deals with the more serious issues, I am just waiting for them to contact me.

 

Yes I am huffed of to say the least regarding the SAR, I will issue a LBA this weekend to the Haliprats.