DATA PROTECTION ACT 1998
SUPERVISORY POWERS OF THE INFORMATION COMMISSIONER
To: SCL Elections Limited
Of: 55 New Oxford Street
1. SCL Elections Limited is a data controller as. defined in section 1(1) of the Data Protection Act. 1998 (“DPA”).
2. Section 4(4) of the DPA provides that, subject to. section 27(1), it is the duty of a data controller to comply with the data protection principles in. relation to all personal data with. respect. to. which he is the data controller.
3. The Information Commissioner (“Commissioner”) has considered a request for assessment made. under section 42 of the DPA
by .................. (“the complainant”).
4. The request for assessment concerned the failure by SCL Elections Limited (“the data controller”) to supply personal data requested by way of a subject access request in compliance with the
requirements of section 7 of the DPA.
5. The complainant made a subject access request. to the data controller on ../../...., by completing. and submitting a data subject access request via. ........ to ...........
6. The complainant received a response from the email address email@example.com. informing him to submit a £10 fee and proof of. ID. to SCL Elections Ltd, which was said to be .... (add county) Analytica’s agent for the purposes. of subject access requests under the DPA.
7. Having provided the required information and fee,
the complainant received a substantive response. to the request on ../../.... under cover of a letter. from the SCL Group, marked for and behalf
of ........... ( add county) Analytica.
8. Under cover of this letter the complainant was. provided with a spreadsheet which was said to. contain all of the personal data to which he was. entitled to under the DPA. The spreadsheet. contained information under three separate. categories:
(i) “Core data”, which included the. complainant’s name, address, date of. birth, and voter ID.
(ii) “Election returns”, which included the. complainant’s election returns for both. primary and general elections from 2000.
to 2014, and in some cases it is. understood an indication of the political. party to which the complainant was. registered at the time.
(iii) “Models”, which included a profile. purporting to show the complainant’s. views on ten issues including gun rights,
education, healthcare, immigration and. the environment ranking the apparent. importance of these issues to the
complainant between 1 and 10. It also. included his likely partisanship. categorised by both his registered and
unregistered political preference and. likely propensity to vote in the 2016. general election.
9. In addition the data controller informed the. complainant that it processed this data for the. purposes of “audience opinion / behaviour. research and polling; statistical analysis and. predictive algorithm development; and. communications / outreach support services”. It. explained that the data was sourced “.. through
reputable data vendors” and “.. large scale. research through research partners”. It also. provided a very generic list of the classes of. recipients of the data, including “political. campaigns, non-profit organisations and. commercial entities”.
10. The complainant was not satisfied with the. response to his subject access request and. complained to the Commissioner. Amongst other
things, the complainant did not consider that he
had been provided with all of the personal data. held about him by the data controller, nor an. adequate explanation of where the data had. been obtained from or how it would be used.
11. The Commissioner wrote to the data controller. about this matter on ../../..... The data controller. was asked a number of questions in relation to the data it held about the complainant, for. example whether it had provided the
complainant with all of the personal data it held;
what purposes it processed that data for; whether it had relied on any exemption to the. right of subject access; and further details as to.
where the data had been obtained from and to. whom it had been disclosed.
12. The data controller responded to the. Commissioner on ../../.... asserting that as the. complainant was not a UK citizen, nor based in. the UK, he was not entitled to make a subject. access request or make a request for. assessment to the Commissioner under the DPA. The data controller stated that the complainant
was no more entitled to make a subject access. request under the DPA “.. than a member of the. Taliban sitting in a cave in the remotest corner of
Afghanistan”. The data controller did not respond
to the specific questions raised by the
Commissioner in her correspondence about the. data it held about the complainant.
13. The Commissioner responded to the data. controller on ../../.... providing a detailed. explanation as to why the complainant was
entitled to make a subject access request under
the DPA and why her office had jurisdiction to. consider his complaint. The Commissioner. therefore asked for a response to the questions
she had previously asked the data controller. about the data it processed about the
14. The data controller replied to the Commissioner. on ../../.... . It again refused to accept that the. complainant was entitled to make a subject. access request or a request for assessment
under the DPA, asserting that the Commissioner
had no vires to consider the complaint. The data
controller informed the Commissioner that it did
“....not expect to be further harassed with this sort of correspondence”.
15. The Commissioner has considered the data. controller’s compliance with the provisions of. the DPA in light of these matters. The relevant
provisions of the DPA are the Sixth Data. Protection Principle and section 7.
16. The Sixth Data Protection Principle provides at. Part I of Schedule 1 to the DPA that:
“Personal data shall be processed in accordance with the rights of data subjects under this Act.”
17.Paragraph 8(a) of Part II of Schedule 1 to the DPA
further provides that:
“A person is to be regarded as contravening the sixth principle if, but only if, he contravenes section 7 by failing to supply information in accordance. with that section.”
18.In relevant part, section 7 of the DPA provides as
(1) Subject to the following provisions of this section
and to sections 8, 9 and 9A, an individual is. entitled –
(a) to be informed by any data controller. whether personal data of which that. individual is the data subject are being
processed by or on behalf of that data. controller,
(b) if that is the case, to be given by the data. controller a description of –
(i) the personal data of which that individual is the subject,
(ii) the purposes for which they are being or are to be processed, and
(iii) the recipients or classes of recipients to whom they are or may be disclosed,
(c) to have communicated to him in an intelligible
(i) the information constituting any personal
data of which that individual is the data
(ii) any information available to the data
controller as to the source of those data,
(d) where the processing by automatic means of
personal data of which that individual is the
data subject for the purpose of evaluating
matters relating to him such as, for example,
his performance at work, his
creditworthiness, his reliability or his conduct,
has constituted or is likely to constitute the
sole basis for any decision significantly
affecting him, to be informed by the data
controller of the logic involved in that
(2) A data controller is not obliged to supply any
information under subsection (1) unless he has
(a) a request in writing, and
(b) except in prescribed cases, such fee (not
exceeding the prescribed maximum) as he
(3) Where a data controller—
(a) reasonably requires further information in
order to satisfy himself as to the identity of
the person making a request under this
section and to locate the information which
that person seeks, and
(b) has informed him of that requirement, the
data controller is not obliged to comply with
the request unless he is supplied with that
(4) Where a data controller cannot comply with the
request without disclosing information relating
to another individual who can be identified from
that information, he is not obliged to comply
with the request unless—
(a) the other individual has consented to the
disclosure of the information to the person
making the request, or
(b) it is reasonable in all the circumstances to
comply with the request without the
consent of the other individual.
(5) In subsection (4) the reference to information
relating to another individual includes a reference
to information identifying that individual as the
source of the information sought by the request;
and that subsection is not to be construed as
excusing a data controller from communicating
so much of the information sought by the
request as can be communicated without
disclosing the identity of the other individual
concerned, whether by the omission of names or
other identifying particulars or otherwise.
(6) In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances
to comply with the request without the consent
of the other individual concerned, regard shall be
had, in particular, to—
(a) any duty of confidentiality owed to the other
(b) any steps taken by the data controller with a
view to seeking the consent of the other
(c) whether the other individual is capable of
giving consent, and
(d) any express refusal of consent by the other
(7) An individual making a request under this section
may, in such cases as may be prescribed, specify
that his request is limited to personal data of any
(8) Subject to subsection (4), a data controller shall
comply with a request under this section
promptly and in any event before the end of the
prescribed period beginning with the relevant
19.The data controller has not cooperated with the
Commissioner’s investigation of this matter, nor
responded to the specific enquiries made by her
in relation to data processed about
the complainant. In the circumstances, and on the
basis of the evidence before her and in the public
domain, the Commissioner considers that on the
balance of probabilities the data controller has
not fully complied with the complainant’s subject
20.In particular, the Commissioner considers that
further personal data about the complainant
must be held in order for the data controller to
have generated the profile of the complainant
that is set out in the “Models” category of the
spreadsheet as referred to in paragraph 8 (iii)
above. Furthermore, the Commissioner
considers that the description of the sources of
personal data provided by the data controller
were wholly inadequate.
21.The Commissioner is therefore of the view that
the data controller has contravened the Sixth
Data Protection Principle.
22.The Commissioner has considered, as she is
required to do under section 40(2) of the DPA
when deciding whether to serve an Enforcement
Notice, whether any contravention has caused or
is likely to cause any person damage or distress.
The Commissioner takes the view that damage
or distress to the complainant is likely as a result
of him being denied the opportunity of correcting
inaccurate personal data, which may be
processed by the data controller, because they
are unable to establish what personal data are
being processed within the statutory timescale.
23.In view of the matters referred to above the
Commissioner hereby gives notice that, in
exercise of her powers under section 40 of the
DPA, she requires that the data controller shall
within 30 days of the data of this notice take the
Provide the complainant with:
(i) a description of the personal data
processed by the data controller about the
(ii) a description of the purposes for which
that data are being processed;
(iii) a description of the recipients or classes of
recipients to whom the data are or may be
(iv) copies of the information constituting
personal data about the complainant in an
intelligible form in accordance with
the requirements of section 7 of the DPA
and the Sixth Data Protection Principle,
subject only to the proper consideration
and application of any exemption from, or
modification to, section 7 of the DPA provided for in or by virtue of Part IV of
the DPA which may apply;
(v) a description as to the source of that
24.Failure to comply with this notice is a criminal
25.There is a right of appeal against this Notice to
the First-tier Tribunal (Information Rights).
Information about appeals is set out in the
attached Annex 1.
Dated the 4th day of May 2018
Information Commissioner’s Office
RIGHTS OF APPEAL AGAINST DECISIONS OF THE
1. Section 48 of the Data Protection Act 1998 gives any person upon whom an Enforcement Notice has been served a right of appeal to the First-tier Tribunal (Information Rights) (the “Tribunal”) against the notice.
2. If you decide to appeal and if the Tribunal considers:-
a) that the notice against which the appeal is brought is not in accordance with the law; or
b) to the extent that the notice involved an exercise of discretion by the Commissioner, that she ought to have exercised her discretion differently,
the Tribunal will allow the appeal or substitute such other decision as could have been made by the Commissioner. In any other case the Tribunal will dismiss the appeal.
3. You may bring an appeal by serving a notice of appeal on the Tribunal at the following address:
GRC & GRP Tribunals
PO Box 9300
Tel: 0300 1234504
Fax: 0870 739 5836
The notice of appeal should be served on the Tribunal within 28 days of the date on which the Enforcement Notice was sent.
4. The statutory provisions concerning appeals to the First-tier Tribunal (Information Rights) are contained in sections 48 and
49 of, and Schedule 6 to, the Data Protection Act 1998, and Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (Statutory Instrument 2009 No. 1976 (L.20)).
Your local M.P...
Please refer to the full list of all Local M.P'S in all areas.
Remember even your goodbye contact doesn't always have to be the end.
Things can still be undone even then. So never give up hope or fighting for your children. Even if you can't afford to appeal to the high court of justice please dont lose faith. Get writing to your local M.P !!! No more than 2sides of A4 size paper anything longer than that and chances are they wont even bother to read it. Keep it informative, short and sweet then they will take more time to read it all properly and to take it all in seriously. Ask them for their help. Detail as many points and as much as you can possibly fit in. If they truely feel you have been served misjustice and they feel that you truely have a genuine case then they will call you in for a meeting to discuss things further in more detail. Remember your local M.P can and does have the power to refer you to the bar pro-bono family law barristers in London they don't ask for a single penny to represent you they are a charity only thing you have to pay is for expenses like petrol and parking ect... they are probably the best in the land to represent you because there hearts are in it and not there wallets !!!!
Bar Pro-Bono ...
Pro-Bono latin term "pro bono publico" meaning free for the public good.
They are solicitors and barristers that work for free!!! they run on charity and donations all you have to pay is there expenses (reprographics, travel, parking ect ect)
Office number- 01509 734289
Mobile number- 07493523727
Hours are 8.30a.m - 8.30p.m
(Plus there's an out of hours emergency services)
Please folks always check and double check again that your social worker dealing with your case is infact a registered social worker on the hcpc register if they are not you must report them to the hcpc and raise a concern.
complaints procedures about a professional...
If professionals have breached your rights then you have every right to raise concerns to the hcpc you can do this through there website which can be found on the links tab to the left and is also at the bottom of this post. This isn't just for social care its for all professionals working for the goverment as a representing body.
If they are not registered they should not be making such important decisions like weather our children live with us or not if there not on the register chances are they aren't fully qualified or they haven't renewed there registration either way it's highly illegal the hcpc will suspend them for a period of usually a year or strike them off completely also remember u can report a registered social worker to hcpc aswell if they falsify documents, overlap on timescales or fail to protect a child. this is what the hcpc are there for never be scared to report wrong doings even social workers are answerable to someone higher it wont make your case any worse for u as they will act quickly if they feel your social worker has broken the law and acted with misconduct and they will suspend them from duties until there hearing which means they cant be actively working as anyone's social worker until the charges against them go to a final hearing u will be allocated a new social worker.
What is the Health Care Professionals Council better known as the H.C.P.C ...
Always check and double check again that the Social Worker dealing with your case is infact a registered social worker and on the hcpc register. If they are not you must report them to the hcpc by raising a concern either this can be done by following the raise a concern tab on the HCP website or by following the link below.
complaints procedures about a professional...
If professionals have breached your rights then you have every right to raise the concerns with the Health Care Professional Council you. The HCPC isn't just for Social Worker's it is also for all the following professionals ...
• Art Therapist.
• Biomedical Scientist.
• Clinical Scientist.
• Hearing Aid Dispenser.
• Occupational Therapist.
• Operating Department Practitioner.
• Practitioner Psychologist.
• Social Worker.
• Speech and Language Therapist.
If they are not registered then they should not be practising as a professional in there particular field or making any important decisions like whether your children should be live with you or not. If they are not on the HCPC register the chances are they aren't fully qualified and still only just a trainee or they haven't renewed there HCPC registration, either way it's highly illegal and the HCPC will put them up infront of the disaplinary board which can lead to them being subspended for a period of time or result in them being struck of the register completely and indefinitely. Remember you can also raise the concern and report a registered social worker to HCPC aswell if they falsify documents, overlap on timescales or fail to protect a child anything from incompetence to malpractice. this is what the Health Care Professionals Council are there for, never be scared to report any wrong doings, even social workers are answerable to a higher authority it wont effect your case or make your case any worse for you as they will act quickly if they feel your social worker has broken the law or acted incompetently or if any misconduct has taken place, they will also suspend them from there duties until the hearing, which means they cant be actively working as anyone's social worker until the charges against them go to the final hearing infront of the disaplinary board. You will be allocated a new social worker.
To check the HCP register ...
Here is a link to the forms for raising a concern ...
if you are in Northern Ireland then you need to follow the link below to check there register.
if you are in Scotland then you need to follow the link below to check there register.
if you are in wales then you need to follow the link below to check there register.
If your child/ren are getting
abused or harmed In foster
If your child gets abused, assaulted or hurt in foster care you need to address this before another child gets handed over into the care of these so called foster carers. I think in my personal opinion, if you have all the evidence to prove this in black and white then you have every right to report these foster careers and the social worker to the police it's a criminal offence to assault a child. 1st step in the process would be to file a report with the police weather they uphold it or not it won't matter it will then be logged onto there system and they have a legal duty to follow it up which means it will then be filed with social care once it's filed officially via police to social care. if police don't follow your complaint up write a letter of complaint to the local police commissioners asking them to look into your case and concerns. which then leaves you covered as you have a duty of care to report it. once this is done then you can lodge a complaint with the director of children's services and request a call of action with the director to your email. don't be to down hearted if u don't get e-mail address is. if no one does anything at these 2 stages I wouldn't expect any different from them but what you are doing is laying the step in stones so to speak. Next raise a serious concern with the hcpc about your social worker also do a registration check to see if your social worker is even registered lots of social workers aren't even registered if they arent then there not fit to practice as a social worker report this also with the health care professional council that they arent registered aswell your social worker who must have ignored the injuries to your children ask them to investigate misconduct and failure to her duty of care to your children they may well agree and put them up In front of a disaplinary hearing, but if not don't worry like I said stepping stones. Next lodge a complaint same as the one you will lodge with hcpc to the independent commissioners office stage one tier complaint if you don't hear back from them within 2-4weeks then jump straight in and lodge a stage two tier complaint keep on at them to acknowledge your complaint if they accept your complaint at stage two then you have grounds to raise a complaint/concern with the local ombudsman which is also independent to investigate into your case.
Writing an e.mail to the director of children's service's...
Please refer to our full list of Professional's tab for the full list of all the Director's in all areas throughout the U.K.
To write an email out to the director of children's services you must explain that you feel you haven't been given a fair chance but that you are willing to work with them for the best interested of your child you need to ask for a new parenting assessment to be carried out asap and for your child to be returned to your care in order to achieve this you also need to ask for a contract of expectations to be drawn up from both sides as to what you and your social worker expect from each other if they allow your child to be returned in to your care.
Next once you have sent the email leave it no more than 12 hours to ring the directors main office not social care department! remember to ring them during there open hours you will get through to his personal assistant so be polite at all costs you need these people on board get her at first name basis as this is the person who you will have the most contact through you need this person on your side you need to ask her if the director has received your email that you sent earlier now pa's are ever so sweet so she will tell you the director has your email and is looking into it. This is now where you play hard ball ok so listen up and listen well using these exact words "I'm requesting a call of action regarding my email could you kindly pass this on to the director for me" she won't be silly she will know what your game is and she will know you have just playing her right Into your hands what you are doing is leading this pa into fail sense of security gaining her trust a little to allow her to reassure you the director has your email and is looking Into it then you are going in for the kill by requesting a call of action on your email. she is like lamb to slaughter I'm afraid because she has at this stage admitted to you that the director has read your e.mail and is looking into your case. so now she can't take that statement back then you hit her with a double wammy home run after making it bingo game set and match. Now what you are doing is making your social worker double check everything and you have now got her looking over her shoulder all the time because she will then know that every action, every statement she is doing is being watched by higher authority you are not only jumping above her or her boss you are taking it to her bosses boss and by requesting a call of action on it you are squeezing the rope around her neck tighter so she can't breath without it being questioned and scrutinised.
How to make a Complaint about children services...
Local authorities must have procedures to deal with complaints from children and young people, or from people complaining on their behalf, such as parents and guardians. This is a legal requirement according to the Children Act (1989).
Complaints about children services normally need to be made within 12 months, but the local authority can consider complaints made later than this. If they decide not to deal with the complaint, the local authority should tell you why. If you're not happy with the local authority’s decision regarding your complaint, you can get help from the Local Government Ombudsman.
The complaints process should take into account the concerns of the child or young person involved, and should be appropriate for their age and level of understanding.
If the child or young person wants to make a complaint themselves, the local authority should provide information about advocacy services and help them to access these.
The complaint process consists of three stages, but some LA now have only two.
Stage one: local resolution
The first step is to speak to someone who works for the service you want to complain about. They should discuss the complaint with you and address it as quickly as possible. Ideally, you will both be able to agree a resolution.
You should be given a copy of the complaints process, including details of how to contact the complaints manager, who will record and monitor the complaint.
Stage one should be completed within 10 working days. If the local authority can’t provide a complete response in this time, they can ask for an extension of another 10 working days. Stage one can also be extended to allow time for a child or young person to get support from an advocacy service, or if you agree to or request an extension yourself.
After 20 working days, if the complaint is resolved, the local authority must write to you with the agreed resolution. The complaints manager must be told of the outcome.
Most complaints should be considered and resolved at this stage.
If the complaint is not resolved after 20 working days, you have the right to ask for it to be investigated.
Stage two: investigation
At this stage, the complaint is investigated by an investigating officer and an independent person. The investigating officer may be a local authority employee, but they shouldn’t be working for the service or member of staff under complaint. The independent person shouldn’t be a local authority employee, but they might be a former employee.
The investigation should be carried out within 25 working days, but this can be extended to a maximum of 65 working days. This must be agreed by the complaints manager, and you should be kept informed.
When the investigation is complete, the investigating officer will produce a written report, including:
each point of complaint and whether it is upheld or not upheld
recommendations about actions that should be taken to address any upheld complaints
The independent person should write a report for the local authority. This states whether they think the investigation was carried out fairly, and if the investigating officer’s report gives an accurate picture of the investigation.
When the investigation is complete, the local authority will look at the evidence and decide what their response will be. This is called adjudication. A senior manager will consider the complaint and the results of the investigation, and decide:
how the local authority will respond
its decision on each point of complaint
any action to be taken and when it should be completed
The local authority will write to you with their response and will include the reports from the investigation and the results of their adjudication. They must also make sure that any recommendations mentioned in their response are carried out.
If you’re not satisfied with the outcome of the investigation, you have the right to have your complaint submitted to a review panel. You have 20 working days to request this.
Stage three: review panel
A review panel
solicitor or legal representative...
if theres issues over a solicitor....
then you can report them in a letter of complaint to solicitors regulations authority.
Ministry of state for vunerable children and families
This is the guy you all need to write to about any wrong doings and to complain to over your cases
Local goverment ombudsman
Local government ombudsman
Independant investigators of complaints on your local authority
Helpline 0300 0610614
Solicitors regulations authority
Solicitors regulations authority
To find or to report a solicitor
Judical Conduct Investigations Office ....
Who can I complain about?
You can complain to the Judical Conduct Investigations Office about the personal conduct of courts judiciary and coroners in England & Wales.
Complaints about tribunal judges must be made to the relevant chamber president. Complaints about magistrates must be made to the local advisory committee. The JCIO does not respond to, or redirect, such complaints.
They can investigate...
Deputy District Judge
Coroner / Assistant CoronerCircuit Judge
High Court Judge
They cannot investigate .....
Magistrate - contact the Local Advisory Committee.
Tribunal Judge - contact the relevant Tribunal President.
Member of Court Staff - contact the local Court Manager.
Solicitor - contact the Solicitors Regulation Authority / Legal Ombudsman.
Barrister - contact the Bar Standards. Board / Legal Ombudsman.
Solicitors Regulations Authorities.....
The SRA solicitors regulations authorities are there to complain to if you feel that your solicitor hasn't represented you to there best abilities or they haven't represented you correctly you can file a complaint with the SRA who will look into your claim if they feel you have a case they will take that solicitor to a disaplinary hearing you can also ask for a full refund if you are paying privately for a solicitor who doesn't represent you correctly.