It is not for us to judge "wilful and malicious" though it is pretty obvious
when a disaffected ex employee issues one every 6 months! I am thinking of
the courts and their term "Vexatious Litigant", really.
A higher authority needs to judge. If and when I suspect wilful and
malicious the route is to refer to TICO and seek advice. While such advice
does not for a full defence in law it provides a modicum of security in any
decisions made.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: davidwyatt [mailto:[log in to unmask]]
Sent: Tuesday, October 05, 2004 11:22 PM
To: Tim Trent
Cc: [log in to unmask]
Subject: Re: [data-protection] [Maybe Spam] Re: [data-protection] Third
party response conse nt. Was - RE: SAR and compliance calendar days
How does one define a 'wilful and malicious' SAR I wonder ??
There is soom room via guidance to resist repetitive access and these should
be able to be evidenced by fact.
However judging a SAR as 'wilful and malicious' is to exercise a judgement
which Im not aware the DP Act or its Human Rights parent grants any
empowerment to judge (apart from possibly the courts themselves exercising
discretion aka Durrant).
I'd observe this as 'Dangerous ground' to enter..
David Wyatt.
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, October 05, 2004 1:55 PM
Subject: Re: [data-protection] [Maybe Spam] Re: [data-protection] Third
party response conse nt. Was - RE: SAR and compliance calendar days
> No-one can disagree with that at all. It is a statutory limit. The
> point I think people are making (I know I am) is that it takes a
> complaint to invoke TICO. Thus, if 40 days is for any reason
> unhittable a decent, open and frank explanation is likely to stop the
> potential complaint from happening.
>
> Unless, of course, it is a "wilful and malicious SAR" in the first place.
>
>
>
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville Place,
> Bracknell, United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
>
>
>
> This message is for the intended addressee's use only. It may contain
> confidential, proprietary or legally privileged information. No
> confidentiality or privilege is waived or lost by any
> mis-transmission. If you receive this message in error, please
> immediately delete it and all copies of it from your system, destroy
> any hard copies of it and notify the sender. You must not, directly or
> indirectly, use, disclose, distribute, print, or copy any part of this
> message if you are not the intended recipient. Any views expressed in
> this message are those of the individual sender, except where the
> message states otherwise and the sender is authorised to state them to
> be the views of any such entity.
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Atkinson, C.
> Sent: Tuesday, October 05, 2004 1:38 PM
> To: [log in to unmask]
> Subject: Re: [data-protection] [Maybe Spam] Re: [data-protection]
> Third party response conse nt. Was - RE: SAR and compliance calendar
> days
>
> You may wish to review your procedures. Whilst the ICO is quite
> understanding of the position, the 40 day limit is unconditional. The
> advice I was given by the ICO was that 'there are no circumstances
> which may be quoted in mitigation for any Subject Access Request to go
> beyond the forty days allowed for satisfaction'.
>
> Colin Atkinson
> Data Protection Officer
> University of Leicester
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Broom, Doreen
> Sent: 05 October 2004 10:26
> To: [log in to unmask]
> Subject: Re: [Maybe Spam] Re: [data-protection] Third party response
> conse nt. Was - RE: SAR and compliance calendar days
>
>
> ***** This email was sent via the INTERNET *****
>
> Exactly what we do Brenda - common-sense. Nobody is going to go
> berserk even the ICO if you have a reasonable explanation. I have one
> at the moment which goes back to an agreement 30 years ago and we are
> having difficulty in locating information but we are keeping the
> individual aware of the situation and they are very understandable.
> Doreen
>
>
> -----Original Message-----
> From: Scourfield, Brenda
> [SMTP:[log in to unmask]]
> Sent: 05 October 2004 09:29
> To: [log in to unmask]
> Subject: Re: [Maybe Spam] Re: [data-protection] Third party
> response conse nt. Was - RE: SAR and compliance calendar days
>
> ***** This email was received from the INTERNET *****
>
> We supply all that we can as soon as we can.If it's a particularly
> contentious case we start the ball rolling before we have the form
> returned
> with the fee. We wait until we have as much data as possible and
> send it all
> out together.
> If it looks like it's going to go over the 40 days for some data -
> 3rd party
> consent to obtain or whatever, we write to the Data Subject
> explaining this
> and the reason why. Once a Data Subject came back and said 'What
> about my
> data in such and such department'. We supplied this with a suitable
> apologetic letter.
>
> Brenda Scourfield
> Team Leader
> I.T. Division
> Pembrokeshire County Council
> County Hall
> Haverfordwest
> SA61 1 TP
>
> Tel 01437 775380
>
> > -----Original Message-----
> > From: Roland Perry [SMTP:[log in to unmask]]
> > Sent: 05 October 2004 09:18
> > To: [log in to unmask]
> > Subject: [Maybe Spam] Re: [data-protection] Third party
> response
> > consent. Was - RE: SAR and compliance calendar days
> >
> > In message <000f01c4aa04$28e8e800$5b3468d5@ntlworld>, at 12:20:25
> on
> > Mon, 4 Oct 2004, Ian Welton <[log in to unmask]> writes
> > >There is also no existing mechanism which would require a data
> controller
> > to
> > >take any action in following up any third party enquiries (The
> 40
> days
> > and
> > >40 nights have passed, the SAR file is closed).
> >
> > Can I follow up this aspect of the discussion?
> >
> > What are you expecting to happen to a SAR when the data
> controller
> is
> > simply too busy or disorganised to reply within 40 days? (I've
> had
> that
> > happen to the one and only SAR I've issued, and the Data
> Controller was
> > the Met Police).
> >
> > Are you saying that all they should do is give up at the 40 days
> and say
> > "so sue me", rather than struggle on and get the data sorted out
> in 45
> > days (which is what happened in my case)?
> > --
> > Roland Perry
> >
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