Information Commissioner or Court

[Seminole]

OK I am going to pose the question: in cases of non-compliance is it better to complain to the IC or bring proceedings for specific performance?

 

As I have found the IC can be useful in absolutely clear cut cases but he seems to lack teeth and doesn't seem to do anything other than the minimum to achieve compliance. Do we have any reason to believe that he would, for example, properly investigate and have the courage to take on Abbey?

 

The IC's leaflet "Taking a Case to Court" suggests that a data subject can seek compensation through the courts for non or improper compliance. They can also seek specific performance as a Part 8 or Part 7 claim but there's a bit of confusion about the implications of this. I may be bringing an action for specific performance against Nat West next week. This will be a straightforward action with a good chance of success. Taking on some issues where is there real scope for debate may be more difficult.

[BankFodder]

I think that the IC's use of the word "specific performance" is not correct and it doesn't apply in this kind of case.

What is being sought is a mandatory injunction. However, in a way it is merely semantics.

 

As you are allowed to do bot at the same time, I would do both. The IC has no targets for action and so is likely to take some time as the bank fudge's the issue.

How long did it take for you to get your last decision from the IC?

 

The court will concentrate their minds and will produce compliance in short order.

 

I would simply bring a normal claim on an N1 and merely ask for an "order" that they do compy with the SAR dated XXXX etc and if you can think of any losses you have suffered y virtue of their non-compliance then include a claim for that and if you have suffered distress as a result - then that too. - Come to think of it you were looking pretty distressed last time I saw you and I am sure that it was caused by the non-compliance - that's what i'll tell the jury anyway. You can leave the folding stuff under the chair by the exit from the court. Thanks.

[Seminole]

IHow long did it take for you to get your last decision from the IC? About six weeks in total.

 

The court will concentrate their minds and will produce compliance in short order.

 

I would simply bring a normal claim on an N1 and merely ask for an "order" that they do compy with the SAR dated XXXX etc and if you can think of any losses you have suffered y virtue of their non-compliance then include a claim for that and if you have suffered distress as a result - then that too. - Come to think of it you were looking pretty distressed last time I saw you and I am sure that it was caused by the non-compliance - that's what i'll tell the jury anyway. You can leave the folding stuff under the chair by the exit from the court. Thanks.

Actually that's how I always look

 

 

So we need to edit the FAQs to say what peeople should do if they don't get a DPA response?

[Seminole]

This topic was closed on 09 March 2019.

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