Any Data Protection Act Experts in the House?

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Any Data Protection Act Experts in the House?

21 posts & 10 voices | Started 8 months ago by Shibboleth | Latest reply from Shibboleth

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Shibboleth - Member

Long story short, I'm suing a solicitor for negligence and I'd like them to supply me with all the information they have on file about me and my case.

I understand that I'm entitled to this under the DPA 1998, but I can't find much info online other than getting things like records from public bodies.

Can anyone point me in the direction of the right information regarding getting information from a private company?

This is a mischief-making exercise as much as trying to get anything useful, as I suspect a request for certain information might force them into settling out of court.

Any help greatly appreciated!

Thanks!

Posted 8 months ago #
iDave - Member

I think you just write to them and they have 42 days to comply?

Posted 8 months ago #
Tracey - Member

Q: Which Act allows me to get my personal information? And can they charge me?

The Data Protection Act 1998 gives you the right to apply for a copy of your personal information. You will need to put your request in writing, by letter or email, and send it to the person or organisation you believe holds this information. Make sure to put your name and address and keep a copy. It is a good idea to make clear you are asking for the information under the Data Protection Act 1998.

under the Data Protection Act they can ask for a fee of up to £10.00 for each request made.

Posted 8 months ago #
CaptainFlashheart - Member

Known widely as a "Subject Access Request", but overall as per Tracey's email above.

Posted 8 months ago #
wombat - Member

@CF
I thought Subject Access Requests are only applicable to requests for information from public bodies....could be wrong though

Posted 8 months ago #
Shibboleth - Member

Thanks all, Tracey, was that off a .gov website?

Posted 8 months ago #
dawson - Member

some useful stuff here

http://www.ico.gov.uk/for_the_public/personal_information.aspx

Posted 8 months ago #
CaptainFlashheart - Member

Wombat, I've always heard them referred to as that in private sector as well. Maybe it's me that's wrong, though!

Posted 8 months ago #
hels - Member

Hmm I know far too much about DPA however I am not a lawyer.

Under normal circumstances you can request and they are obliged to provide your personal information, if it is kept in a relevant filing system e.g. they have a big fat file with "Shibboleth" written on the front of it, or whatever records they have under your case number.

Search the definition of "personal data" btw, as it will not cover a lot of what is in that file. And just because you are mentioned in a document, that does not make it your personal data.

However, you mention that you are suing them ? That will surely bring other things into play rather than plain ole DPA, I would think handing over the file would substantially predjudice their case. You need a lawyer, and are maybe barking up the wrong legal tree here.

Posted 8 months ago #
Shibboleth - Member

I would think handing over the file would substantially predjudice their case.

This is why I'm asking for it. If they're legally obliged to hand it over - which they are - it kind of backs them into a corner. If they refuse, then I complain to the Law Society.

I already have the complaint being investigated by the Legal Ombudsman but their remit goes no further than "customer service", which part of my complaint (excessive and unnecessary fees) relates to.

But I'm also bringing an action against them for negligence. Basically, I've got them nailed to the floor, but knowing how they work, they'll string it out as long as possible in the hope that I'll get bored or disillusioned and drop it. I'm trying to force them to settle, so any inconvenience or time-wasting I can cause them is to my advantage.

Posted 8 months ago #
wombat - Member

I believe it may be possible to get an order or the discovery of documents from the courts, one of these might help, don't know how to get one or what it does but it sounds as though it might help if you could get one (I'm not a lawyer btw but I guess you probably worked that out for yourself already )

Posted 8 months ago #
Tracey - Member

Came from here

http://www.ico.gov.uk/Global/faqs/data_protection_for_the_public.aspx

Posted 8 months ago #
Shibboleth - Member

Thanks Tracey, I think I have enough information to make a real pain-in-the-arse of myself...

Posted 8 months ago #
hels - Member

Given that they are lawyers I think they will swat you away like a fly with this one, the receptionist could write the letter. Most of what is in that file likely would not be considered personal data.

If they had a client file about you, that is in scope. Case file - not so much.

The DPA is an Act to help and protect us, try and stop misuse of our personal information. What you are trying to do is an abuse of that right, and I doubt you will get very far, as well as demonstrating that you are a bit vexatious, shall we say. You should focus your energies in a more positive direction.

Posted 8 months ago #
Shibboleth - Member

Part of the case revolves around excessive charges. The information I am requesting relates to letters sent or received on my behalf, telephone call logs, emails etc which they've not itemised in their invoices and seem reluctant to do.

I know they have this information, and I would imagine it would be a real ball-ache for them to provide it. If that helps persuade them that it would be easier to settle, so be it. It's not vexatious... More tactical.

Posted 8 months ago #
andrewh - Member

I'm not a lawyer either but I work for an accountants. The information which which you are requesting
relates to letters sent or received on my behalf, telephone call logs, emails etc which they've not itemised in their invoices and seem reluctant to do.
is exactly the kind of info we retain. Copies of all of these documents are kept for at least 7 years (HMRC rules) and are a doddle to find (when the computer is working).
All time spent by all staff is recorded via their (very detailed) timesheets so we get an accurate costing of each job. We can see exactly what each person did on any client's account.
However, the invoice the client receives usually just reads "To professional services rendered in conection with....." usually one line, a couple of paragraphs for an invoice in the thousands. I can't see lawyers being too different.

Posted 8 months ago #
robbo - Member

And the individual time sheet items are unlikely to come under the definition of 'personal data' which the DPA relates to. Its not data about you, its data about them working on your account.

Also the DPA only relates to electronic data I believe so handwritten stuff in a 'file' is out...

I think they only have to disclose what they've registered as well. You can see their registration here... http://www.ico.gov.uk/ESDWebPages/search.asp

Posted 8 months ago #
andrewh - Member

Don't know about your first point Rob, you may be correct.
However, the DPA relates to all data, not just electronic. Everything from a handwritten note to CCTV footage.

Posted 8 months ago #
hels - Member

DPA does cover paper files, if in a relevant filing system, that came in with the 1998 upgrade of the 1984 Act.

"Information" isn't the same as "documents" either which is a pedantic distinction I know but quite important in this context.

Documents may contain information, but are not information in themselves.

The letters etc you are talking about don't sound like personal data to me (the examples usually given are name, address, dob, salary), but I am sure you could find a lawyer somewhere to argue that they are, you can generally find a lawyer somewhere to argue most things.

Let us know how this turns out....

Posted 8 months ago #
konabunny - Member

Interesting question: DPA v lien on case file for unpaid fees v disclosure procedure, which might all pull in different directions.

If you're suing them, wouldn't disclosure (is that what it's called in England?) be the right way to get access to all the files you need anyway?

Posted 8 months ago #
Shibboleth - Member

Andrew, that's very helpful, and you're quite right - their invoices are particularly vague. They gave me a long winded "client care" letter including a fee matrix for different staff dependent on qualifications and length of time qualified - I strongly suspect they've been billing me a lot of "partner" hours at £185/hr for work done by clerks or paralegals.

I've asked for the full journal including legend or key to decipher which staff member carried out what work and for them to cross reference this to my invoices which I've requested to be itemised.

Whilst the items I'm asking for might not necessarily fall under the exact remit of the DPA, a refusal to clarify my bills would not stand them in good stead should this go to court.

Konabunny - the negligence aspect is the most important part of my grievance as it's cost me a helluva lot of money and basically undid 80% of the work they'd carried out - work I'd paid around £12,000 for. Without going into too much detail, their negligence put the negotiations back to square one. At one point I was looking at losing my home, business premises and almost certain bankruptcy. This is after the case had been settled pretty much to my satisfaction prior to that!

It's all good fun!

Posted 8 months ago #

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