Data Protection and SRA
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Do not contact the Information Commissioner direct at this
point. It will be a waste of time.
Please ensure that you write to the Data Controller explaining
Brief description of breach of the Data Protection, ie,
misuse of your data.
Copy of ID – Passport
Cheque for £10 – to cover admin.
Under s 7 of the Data Protection Act 1998 the Data
Controller must release the information within 40 days of a request
being made. It is known as a subject access request.
IMPORTANT: THE 40 DAY PERIOD IN WHICH TO
RESPOND STARTS FROM THE DATE YOU SEND IN YOUR PASSPORT OR SIMILAR
IF YOU ARE A DATA CONTROLLER PLEASE NOTE:-
Record the date you receive the subject access request.
Check to see if you have received similar requests. There
are serial Data protection miners out there.
Carry out a search of all relevant systems and manual
files using the name of the data subject as the search determinant and
print out the results.
Read through the results and blank out any references
which identify another individual. If the other individual can still be
identified despite having blanked out his or her name, you should seek
the other individual’s consent to disclose his or her details to the
data subject. If the other individual refuses to give consent, you will
need to consider whether it is reasonable in all the circumstances to
make the disclosure.
Consider whether any of the exemptions apply to any of the
results of the search.
Supply the remainder of the information to the data
subject. This information must be accompanied by a description of the
purposes for the processing, the recipients to whom the data are (or
are to be disclosed) and the sources of those data. The information
must be provided in permanent form, ie hard copy or electronic format,
unless it would not be practical to send hard copies in which case,
speak to the data subject to see whether he or she will accept an
alternative (such as viewing the information on screen); and
accompanied by an explanation of any code or abbreviations which appear
in the information.
Written by Michael Coyle
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
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Article Published/Sorted/Amended on Scopulus 2014-06-25 12:24:50 in Legal Articles
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