As always, the information provided is the result of the experiences of defendants who have been in dispute. It is NOT intended to replace professional legal advice and you should always see a solicitor about any claim against you. Remember to take the skeleton argument (in the Court Bundle section) with you.
You should receive a response to your Subject Access Request within 40 days. If you do not get a response then use the Data Protection Act – No Response to Initial Letter notes.
You should receive copies of all letters between you – both those to you and from you. Your Agent might argue that you already have copies of letters you sent to your Agent both they must still send you copies. You should receive copies of all forms you signed, information about your business such as where it was advertised, recordings of all telephone calls (but these are usually only held for 6 months), etc.
If you have received a bundle of paperwork, you should now write back to your Agent to confirm what you have received and what you have not. The letter below is a sample using RTA (Business Consultants) Limited – use this as a starting point and list which documents you have received and which you haven’t. This letter refers to ‘what is personal data’ because RTA’s usual initial responses are usually to note that you are only entitled to information with your name and date-of-birth on. Send this letter via a Signed For method.
Mr Paul O’Reilly
Data Protection Officer
RTA (Business Consultants) Limited
Discovery House
Crossley Road
Stockport
SK4 5BH
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Confirmation of Receipt
Section 7 – Data Protection Act 1998
Dear Sir
Account: <>
With reference to the above account and my previous Subject Access Request under the Data Protection Act.
Firstly, it is important for you to understand the requirements of the Data Protection Act. You must supply me with copies of documents which are personal data. This is not just information which has my name, address, date of birth, etc but it relates to any data from which I could be identified. I refer you to the ICO guidance on the definition of ‘personal data’, specifically the notes on ‘relates to’ and ‘linked to’:-
“It will often be clear where data ‘relates to’ a particular individual. However, sometimes this is not so clear and it may be helpful to consider in more detail what is meant by ‘relates to’. Data which identifies an individual, even without a name associated with it, may be personal data where it is processed to learn or record something about that individual, or where the processing of that information has an impact upon that individual”
“There are many other examples of data which ‘relate to’ a particular individual because it is linked to that individual and informs or influences actions or decisions which affect an individual.”
Obviously, I, as an individual, can be linked the company name because I am an authority of that company. You are also using that data to make decisions that affect me as an individual.
These points have been clarified with the ICO and so, I would assume them to know more about what ‘is’ personal data than you do.
I would also point out that you must also send me copies of any letters or other documentation that I sent to you if you are holding it.
I have, to date, received the following documentation following my Section 7 request:
1. Letter from RTA to << you or your company name>> dated <>
2. Letter from << you or your company name >> date <>
3. Copy of Agreement dated << date of agreement >>
4. Transcript of telephone recording of << date >>
5. Copy of ‘Diary’
6. Copy of List of prospective purchasers who received information about my business
I did not receive any of the following information. This is not an exhaustive list. If you later rely on any of the following information or any other information not provided to me as part of this Section 7 request, this letter will be presented as evidence of your breach of the Data Protection Act:-
1. Transcripts of telephone recordings
2. List of prospective clients to whom information about my business was sent
3. Copy of a ‘Diary’ which relates to any contact made with me, my business, or any member of my staff. You may refer to this as a ‘Property History’
4. Any letters other than those listed above regardless of whether or not I was the sender
5. Any other notes made about me or my business which have not been provided above.
6. Any copies of documentation you hold about me or my business, regardless of whether I gave you the documents.
If, through genuine mistake, you have inadvertently missed any documents from the bundle already provided to me, please rectify this within 7 days.
Yours sincerely
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