HELP! How to apply for summary judgment on DPA breach case?

[veryannoyed]

Hello all!

 

To cut a long story very short, I have been in battle for almost 2 years to get a data controller to comply with my Subject Access Request. They refused to send me anything for around 18 months, have now sent a little, but still not everything. I know some of what they refuse to send is incriminating, which is obviously why they don't want to send it.

 

They have had numerous reminders that they are in breach of the DPA, and the ICO have been involved for the last 6 months or so. The ICO state that the Data Controller is in their opinion in breach of the DPA (this is as defininte a thing as you will ever get from the ICO - as only a court can actually rule that they have broken the law obviously)

 

Anyway, by their letters, the data controller has admitted to failing to comply with the DPA. The evidence itself in the case obviously confirms this, in as much as there are letters to and fro myself, ICO and the data controller which clearly state the facts which no-one denies. Also the ICO say a breach is most likely to have occured.

 

Therefore, I made an application in the county court for enforcement of the DPA - IE to force the data controller to give up the information they are still withholding.

 

Now, the judge has seen the papers, seen the ICO letter etc. but has decided that 'mediation' might be appropriate, which is complete twaddle! - they have refused all attempts including numerous letters from myself, an internal review procedure, and the involvement of the ICO to comply with the law, and now I want a court order forcing them to do so, as they will then be in breach of court if they continue to refuse.

 

A court date has been set for a hearing, but not until near the end of february. I am suffering considerably as a result of this data not being provided (which I won't go into here)

 

So, what I want to do - and need some help with - is applying for a summary judgment on the case, which I think will be quicker than waiting for the hearing. The court is sending me the relevant forms to do this N244 general form apparently.

 

Is there anyone out there who can help? - has this been done before? - any other successful court cases that have enforced subject access requests?

I gather a summary judgment application needs to be worded in proper legal speak, and quite simply I cannot afford a lawyer to do it.

 

Any help much appreciated.

[noomill060]

This will be sorted out at the hearing, Im afraid.

 

Could you post up your particulars of claim?

 

Ive gone down this road with several companies, so may be able to make a sugestion.

 

Have you claimed money in damages?

[veryannoyed]

Yes, have made a small claim for damages in the amount of all the extra letters I've had to write etc. and for my time (all at very low rates)

 

Looks like I'll have to wait for hearing date then... seems to be a waste of everyones time, as they have no possible chance of defending the case as far as I can see?

[noomill060]

The Information Commissioners Office have made their decision. Have you gone back to Information Commissioners Office and told them that this organisation remainss in default of your S.A.R - (Subject Access Request)?

 

When this has happened to me, I went back to inform them. When told, they passed my complaint to the Regulatory Action Division which has power to enforce, their decision through the courts if necessary.

 

This has always worked for me.

 

Phone the ICO, let them know and ask for the help of their Regulatory Action Division- that is what I would be doing.

[noomill060]

"I am suffering considerably as a result of this data not being provided (which I won't go into here)"

 

 

In which case you should be claiming for all this as damages, not just a few quid for letters etc.