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How long should I give before contacting Data Prot

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11 years 6 months ago #92739 by mumsgirl
Someone I know requested a SAR in May (after getting a 'fail'). After waiting 40 days he didn't receive it, so he wrote to them in July and August. He sent all letters by registered post which were all signed for but got no reply to any of them. He sent a 4th (by 2nd class post) saying that if he didn't receive a reply this time he would contact the ICO. He got a reply 3 days later (14th Sept) from the Data Protection Officer apologising saying that they didn't receive the first 3!!! And she said she would organise it 'promptly' and send it to him.
My question is - how much is a reasonable time to give her this time? And should he contact her again or the ICO or his MP?

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11 years 6 months ago #92747 by Gordon
mumsgirl wrote:

Someone I know requested a SAR in May (after getting a 'fail'). After waiting 40 days he didn't receive it, so he wrote to them in July and August. He sent all letters by registered post which were all signed for but got no reply to any of them. He sent a 4th (by 2nd class post) saying that if he didn't receive a reply this time he would contact the ICO. He got a reply 3 days later (14th Sept) from the Data Protection Officer apologising saying that they didn't receive the first 3!!! And she said she would organise it 'promptly' and send it to him.
My question is - how much is a reasonable time to give her this time? And should he contact her again or the ICO or his MP?

I don't think there is a correct answer to this, not receiving the request is a legitimate reason for not answering within the normal 40 days, conversely your friend would have had a reasonable expectation of receiving the information requested before now.

If it was me, I would give them a further 20 days (3 weeks), and then make a complaint, however if your friend has decisions pending this information then they could make a complaint now.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
11 years 6 months ago #92748 by bro58
mumsgirl wrote:

Someone I know requested a SAR in May (after getting a 'fail'). After waiting 40 days he didn't receive it, so he wrote to them in July and August. He sent all letters by registered post which were all signed for but got no reply to any of them. He sent a 4th (by 2nd class post) saying that if he didn't receive a reply this time he would contact the ICO. He got a reply 3 days later (14th Sept) from the Data Protection Officer apologising saying that they didn't receive the first 3!!! And she said she would organise it 'promptly' and send it to him.
My question is - how much is a reasonable time to give her this time? And should he contact her again or the ICO or his MP?


Hi MG,

Long time no post !!! :laugh:

Theorectically, once they have exceeded the 40 day limit, you can instigate a complaint.

It is upto you how much extra time you wish to give them, and how much longer you think is reasonable.

bro58

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11 years 6 months ago #92750 by mumsgirl
Thanks Gordon. He does have decisions pending (he applied for an appeal in May and said on the form he would give them more info on what he is appealling when they send him the ESA85 etc) Who should he complain to - the data people or ICO or Mp? Although they say they didn't receive the 1st 3 letters the Royal Mail track and trace for registered post says otherwise and he has printed out the signature 'receipt' thingy that says they did receive them??? thanks in advance

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11 years 6 months ago #92755 by mumsgirl
Hi bro58 (I must have been writing my second message before yours appeared). Yes, long time no post - you disappeared too for a wee while - I know because I missed you!

Anyway thanks for replying -to whom should he complain?

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  • bro58
11 years 6 months ago #92757 by bro58
mumsgirl wrote:

Hi bro58 (I must have been writing my second message before yours appeared). Yes, long time no post - you disappeared too for a wee while - I know because I missed you!

Anyway thanks for replying -to whom should he complain?


Hi MG,

ICO in the first instance : www.ico.gov.uk/complaints.aspx

You could go for the hatrick though !! :laugh:

Complaining to the DWP

Contacting your MP

bro58

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