Anyone know anything about the ICO?

[IanA2]

Having made a DPA request and having had it partially fulfilled, one crucial document was withheld and a complaint made to the ICO. After many months the ICO advised that they do not get involved in individual cases and that they could not order the document to be disclosed.

I find this very odd, it was unarguably as relevant as the documents that were disclosed inso far as it related to personal data. Whilst I do know what is written in the document, and therefore why the organisation is refusing to disclose it, I am somewhat bewildered by the ICO's response.

What is the point of the DPA if organisations can just tell you to go whistle?

Any legal folks know of a remedy?

Thanks.

[Eclassy]

If the data controller has failed to play ball as it looks like in this case and your are very sure they should have complied, you can apply to a county/high court to obtain an Order to compel subject access

[JustinP1]

Eclassy said:

If the data controller has failed to play ball as it looks like in this case and your are very sure they should have complied, you can apply to a county/high court to obtain an Order to compel subject access

This is the way.

I had to deal with a high-street bank in this way.

They told me to foxtrot oscar at every level, including customer relations, and told me I was wrong until the court papers arrived in their head office.

From memory, I believe the court order cost is £80. It's worth getting the paperwork correct as well, you can't just say 'I want to see this', you have to refer to the statutes that you are relying upon in the order.

[Jasandjules]

Why do you need the document?

[IanA2]

Thanks for the pointers folks. I really don't know my way around Courts, does one just tip up at the local Crown Court and say hey dare judge dude ma man i'm a wantin ta sqeeze dees rogue sorts....Or what?

The importance of the document is for a merits assessment in an employment dispute. Negative assessment equals no support, but the document should tip -'ve to +'ve. Well that's the plan.

[Jasandjules]

IanA2 said:

Thanks for the pointers folks. I really don't know my way around Courts, does one just tip up at the local Crown Court and say hey dare judge dude ma man i'm a wantin ta sqeeze dees rogue sorts....Or what?

The importance of the document is for a merits assessment in an employment dispute. Negative assessment equals no support, but the document should tip -'ve to +'ve. Well that's the plan.

Ok so the Employment Tribunal can order disclosure of this document. I trust you have a Tribunal claim proceeding, you can make the application there.

[Eclassy]

Jasandjules said:

Ok so the Employment Tribunal can order disclosure of this document. I trust you have a Tribunal claim proceeding, you can make the application there.

Or more appropriately use the section 8 procedure. It may seem a bit daunting at first but the interwebs is a fantastic tool and by searching keywords you can carry out these 'simple' tasks without the need for a solicitor/lawyer

[Jasandjules]

Eclassy said:

Or more appropriately use the section 8 procedure. It may seem a bit daunting at first but the interwebs is a fantastic tool and by searching keywords you can carry out these 'simple' tasks without the need for a solicitor/lawyer

Do you refer to S8 as in criminal proceedings?

Without further clarification from the OP, I'd suggest that with respect the best method of obtaining documentation for use at Tribunal is to ask for an Order of disclosure from the tribunal.

[IanA2]

Jasandjules said:

IanA2 said:

Thanks for the pointers folks. I really don't know my way around Courts, does one just tip up at the local Crown Court and say hey dare judge dude ma man i'm a wantin ta sqeeze dees rogue sorts....Or what?

The importance of the document is for a merits assessment in an employment dispute. Negative assessment equals no support, but the document should tip -'ve to +'ve. Well that's the plan.

Ok so the Employment Tribunal can order disclosure of this document. I trust you have a Tribunal claim proceeding, you can make the application there.

I think perhaps you have misunderstood the catch 22 I have outlined above, perhaps I was not clear enough. Yes an ET can order disclosure, but to get support for the ET a positive merits assessment (PMA) is required. Without a PMA there is no legal support, ergo no disclosure order can be made. However, with the document, it is highly likely that the assessment will be positive and therefore support will be forthcoming. That is why I am seeking an alternative solution.

[Eclassy]

Jasandjules said:

Do you refer to S8 as in criminal proceedings?

Without further clarification from the OP, I'd suggest that with respect the best method of obtaining documentation for use at Tribunal is to ask for an Order of disclosure from the tribunal.

www.justice.gov.uk/courts/procedure-rules/civil/rules/part08

Sorry I meant Part 8 procedure. Easy to mix up as I am currently evicting someone using Section 8 of the HA

Edited by Eclassy on Wednesday 4th June 14:44

Edited by Eclassy on Wednesday 4th June 14:45

[Jasandjules]

IanA2 said:

I think perhaps you have misunderstood the catch 22 I have outlined above, perhaps I was not clear enough. Yes an ET can order disclosure, but to get support for the ET a positive merits assessment (PMA) is required. Without a PMA there is no legal support, ergo no disclosure order can be made. However, with the document, it is highly likely that the assessment will be positive and therefore support will be forthcoming. That is why I am seeking an alternative solution.

Is this for insurance purposes then?

Is that the "legal support" which you are hoping to obtain i.e. the insurer has rejected your claim for cover and you feel that with this document they will agree to cover your claim?!

If so I trust you are aware of the time limits?!

[IanA2]

Jasandjules said:

Is this for insurance purposes then?

Is that the "legal support" which you are hoping to obtain i.e. the insurer has rejected your claim for cover and you feel that with this document they will agree to cover your claim?!

If so I trust you are aware of the time limits?!

Yes, aware of all that, it's an ongoing and complex matter, think many many lever arch files, just need to know how to access this document. Silly me for thinking the ICO would blow the whistle and cry foul. They didn't.

[Jasandjules]

IanA2 said:

Yes, aware of all that, it's an ongoing and complex matter, think many many lever arch files, just need to know how to access this document. Silly me for thinking the ICO would blow the whistle and cry foul. They didn't.

Ok so I will assume I was correct and you are seeking this information to obtain insurance cover.

Has a claim been lodged yet? With many lever arch files, I assume it has. Has disclosure taken place?

If no claim has been lodged yet (because you are looking to obtain insurance cover) then you can make an application to the Court (i.e. not Tribunal) for disclosure of a document at the pre-action stage but there are some criteria which need to be met.

If you can hint a little more, I can assist a little more...

[IanA2]

Jasandjules said:

IanA2 said:

Yes, aware of all that, it's an ongoing and complex matter, think many many lever arch files, just need to know how to access this document. Silly me for thinking the ICO would blow the whistle and cry foul. They didn't.

Ok so I will assume I was correct and you are seeking this information to obtain insurance cover.

Has a claim been lodged yet? With many lever arch files, I assume it has. Has disclosure taken place?

If no claim has been lodged yet (because you are looking to obtain insurance cover) then you can make an application to the Court (i.e. not Tribunal) for disclosure of a document at the pre-action stage but there are some criteria which need to be met.

If you can hint a little more, I can assist a little more...

Thanks, I have enough information now to take the appropriate action.