SAR personal data/insulting!

[jen_br]

Re: SAR personal data/insulting!

yeah surely there is some sort of discrimination against your son like racial remarks but obviously not "racial" per say if you know what I mean..

[garlok]

Re: SAR personal data/insulting!

Its disgraceful Di. I would be looking to take it much further even if the legal side does not look good I'm sure one of the daily nationals would love to hear it all. It cannot be libellous the proof exists in the paperwork.

It is yet another example of why this site should exist and expose these appalling exuses for human beings for what they really are. It also tells you the sort of people that the faniancial sector look to employ ------ Human detritus!

regards
Garlok

[CleverClogs (RIP)]

Re: SAR personal data/insulting!

This came to mind when a friend made a complaint to a business over the last week, I told her to fight for more because they offered her £500, they are now considering this, it seems unsulting/personal comments were found on her SAR, so folks go through yours with a tooth-comb as well, I just wanted your opinions on some of the comments made on mine, yet there is more,

The spurious and personal comments are certainly libellous; that they were intended only to be seen by people within the company is no excuse though that could be used by the defendant to limit the level of damages payable.

When did you receive the data from your SAR?

[garlok]

Re: SAR personal data/insulting!

Sorry Jen must have been typing together---- discrimination against those with a disability is illegal and carries similar penalties to the racial issues.

regards
Garlok

[jen_br]

Re: SAR personal data/insulting!

Thanks garlock I couldn't think of the right term ya know?

[di30]

Re: SAR personal data/insulting!

Thank you.

I agree with all your comments.

Had the SAR about 3 years ago, but with not knowing then if it were something I could complain about and dealing with urgent family health issues, hospitals and this and that I pushed it to the one side, I suppose its like any other complaint though, you can raise it within the 6 years as such??

[pompeyfaith]

Re: SAR personal data/insulting!

Di,

Have found this:

limitation period

1.

Limitation periods in England are fixed by the Limitations Act. Expiration of a limitation period makes a complete defence available to a defendant to the claim made by the claimant. The limitations periods in English law apply as it is contrary to public policy for persons to be perpetually exposed to litigation for wrongful acts. Limited exceptions to the general rule however do apply. When significant time has passed after the events giving rise to the cause of action, witnesses’ memories fade, documentary evidence available to properly judge the case is less likely to be available, and indeed may have ceased to exist. These factors prevent justice being served. Therefore it is in the public interest that a claims become statute barred after an appropriate period of t
The Limitations Act 1980 sets up limitation periods for different categories of claim, and other statutes do for more specialised types of claims. Where a type of claim does not fall within the strict meaning of one of the classifications, the court may still be persuaded that the limitation applies by way of analogy in a like manner.
The defence that a limitation period applies must be raised by the defendant, and will not apply unless it has been pleaded by the defendant. In circumstances where the claim is commenced one day after the limitation period has expired is likely to be fatal to the claim where the defence is raised.
Commencement of Limitation Periods
Limitation periods commence at the time the cause of action accrues to the claimant. Time runs from the earliest time that legal proceedings could have been brought. So, every fact required to commence an action must be in existence before the limitation period commences to run.
To assess the matter another way, one assumes that the claim form is filed on a particular date. The last fact giving rise to the claim must fall within the limitation period prior to the supposed date for filing the claim form. For instance, in the case of a contract between to parties, it may be the case that the contract was entered into 8 years ago; proceedings for a breach of contract must be commenced within 6 years of the breach of contract alleged by the claimant. See below for further information.
In the event that the defendant conceals information from the claimant such that the claimant does not know of relevant facts giving rise to the cause of action, time will not commence to run on a limitation period until the claimant learns of the relevant fact or should have come to know of the relevant fact, if it could have been discovered by reasonable diligence.
Limitation Periods
The main categories of limitation period are set out below.
Type of Claim
Limitation Period; Section under Limitations Act 1980
Contract
6 years; s 5
Awards in Arbitration
6 years; s 7
Specialty debt (debts arising under seal)
12 years; s 8
Debt arising under statute
6 years; s 9
Claims for contribution under the Civil Liability (Contribution) Act 1978
2 years; s 10
Personal Injury
3 years; s 11(4)
Negligence
In most instances 6 years, otherwise 3 years; s 14A
Recovery of Land
12 years; s 15
Claims to recovery money secured by mortgage or proceeds of sale of land
12 years; s 20
Fraudulent breach of trust
No limit; s 21
Breach of trust
6 years; s 21
Claims for an account of profits
Relies upon the legal basis relied upon to assert the entitlement to an account
Enforcing a judgment debt or other order
6 years; s 24
Tort
General rule: 6 years; s 2
Defamation and Malicious Falsehood
1 year; s 4A
Judicial Review
3 months; CPR
Breach of fiduciary duty
6 years, in certain circumstances, no limit

http://www.gillhams.com/dictionary/604.cfm

And this:

http://www.thenewsmanual.net/Manuals...3_70.htm#civil

[di30]

Re: SAR personal data/insulting!

Thank you Pompey, that is very interesting, will take me some time to go through it and take it all in, but worth it though cheers hun x

[pompeyfaith]

Re: SAR personal data/insulting!

Your Welcome, sorry about the formatting so maybe better to read from the link.

[CleverClogs (RIP)]

Re: SAR personal data/insulting!

Had the SAR about 3 years ago, but with not knowing then if it were something I could complain about and dealing with urgent family health issues, hospitals and this and that I pushed it to the one side, I suppose its like any other complaint though, you can raise it within the 6 years as such??

Alas, no.

Under section 5 of the Defamation Act 1996 - link - the time limit is only one year from the date of publication, or from the date the claimant could be expected to have been aware of the defamatory statements. One could make an application for the case to be heard out of time, but it wouldn't be likely to succeed and, as you'd be using the services of a solicitor and barrister on conditional fees - libel cases being so tricky and so very expensive - I doubt that you'd be able to find one sufficiently interested.

However, it may be possible to use the Disability Discrimination Act or the Equality Act to seek damages, as those statutes do not have such a short limitation for claims. Another possible route might be the Human Rights Act, as the comments could be an interference with your rights of privacy and to have a family life and, again, such a claim would not yet be statute barred.

Finally, there is the Data Protection Act, which requires that data should be accurate and relevant - which those data certainly are not!

[di30]

Re: SAR personal data/insulting!

Cheers guys

Shame I did not act on this when I picked up on this really, if only I had known then that this matter could have been raised.

Yes some good points there CleverClogs.

Don't worry Pompey that's fine.

I will have to ask my mate about her's, I think it may be of a recent SAR in her case, will check.

[pompeyfaith]

Re: SAR personal data/insulting!

Di,

There is nothing stopping you making a complaint to the company in question, they may write back and say sorry time barred however its still worth a go me thinks and if nothing else you have put it on record how disgusting the employee in question was.

Regards

[di30]

Re: SAR personal data/insulting!

Di,

There is nothing stopping you making a complaint to the company in question, they may write back and say sorry time barred however its still worth a go me thinks and if nothing else you have put it on record how disgusting the employee in question was.

Regards

Thank you Pompey, I will defo give it a go, and also make them aware that copies have been sent to the ICO as well, cheers.

[CleverClogs (RIP)]

Re: SAR personal data/insulting!

I will ... make them aware that copies have been sent to the ICO as well

How many femtoseconds of sleep do you suppose they'll lose as a result?

[di30]

Re: SAR personal data/insulting!

How many femtoseconds of sleep do you suppose they'll lose as a result?

LOL, I had to check to see what that meant lol