GDPR & DPA 2018 Data Controller & Data Processors - Data sharing arrangement/contract Legal Service

Ed Boyce made this Rhyddid Gwybodaeth request to Maidstone Borough Council

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Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Maidstone Borough Council fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Maidstone Borough Council,

GDPR & DPA 2018 Data Controller & Data Processors - Data sharing arrangement/contract Legal Services

Thank you for confirming on 10.3.2021 that Maidstone Borough Council a Data Controller does not know who is responsible for confirming who instructs agents/solicitors/counsel in civil legal matters who are processing private data of individuals shared to them, either directly by MBC data controller or indirectly through data processor Mid Kent Services ( MKS shared services partnership).

What legal right please provide the precise sections of GDPR and DPA 2018 and/or DPA 1998 if data was shared earlier, MBC as a data controller claim to share private individuals data with your data processors MKS that you state you do not have any relationship with and to share this private data with other processors (and other legal entities) and without any data protection arrangements in place (who are not your customers in that they have no arrangement or contract with MBC).

Please provide all the information MBC and/or MKS hold.

1. What date did MBC a Data Controller instruct directly and share data with J E Baring Ltd.

2. Or did MKS shared services partnership instruct J E Baring Ltd to act on behalf of MBC.

3. Please provide a copies of all MKS data sharing arrangements with the individual partners at the solicitors firm trading as ‘‘J E Baring & Co” and also the data sharing arrangement with the company J E Baring Ltd (trading name J E Baring & Co).

The latter company J E Baring Ltd, who are instructed by MBC chosen insolvency practitioners, practitioners who were put forward via a partner at J E Baring & Co instructed by MBC and also chosen by the practitioners to act on their behalf via a partner at J E Baring & Co.

MBC have also instructed more than one partner to act on the councils behalf on different occasions for court hearings via MKS (who are another partnership providing shared services) did MKS also choose the insolvency practitioner as well as the solicitors firm?

4. Please confirm the dates each separate legal entity each partner at J E Baring & Co were instructed on behalf of MBC and to act on your behalf at court hearings and whether this instruction was directly given by the council or indirectly through your data processor MKS.

5. Please list each partner of this law firm separately for each of the dates instructed and the purpose the data was shared, such as Allan Hooper statutory demand or Bradley Bloom bankruptcy petition etc. And all hearings dates for either a partner of the partnership or their company being instructed on each of the dates and for what purpose.

a. Please confirm whether either the solicitor who is a partner or the company MBC instructs are qualified to act and are listed on The Law Society for Debt and Bankruptcy - personal (individuals) or are listed for Insolvency and restructuring - business (companies ).

Please provide the information held regarding MBC instigating bankruptcy proceedings as a Petitioning Creditor against individuals using an external City of London solicitors firm either a partner or more than one partner and/ or a company and who are only listed for the latter. Insolvency and restricting - business.

b. Please confirm which legal entity MBC has instructed (provide their full legal name) and their status within the firm and confirm their area of practice.

c. Please also confirm what other legal entity(s) MBC authorised this firm to pass data onto, to represent MBC as a petitioning Creditor at court hearings in their stead and provide the legal name of the individual and legal entity, instructed by your legal firm of solicitors either a partner or company.

6. If MBC has a data sharing arrangement with any of the above legal entities including MKS partners, please provide a copy of all data protection sharing arrangements even where you claim not to have a contract in place with your external solicitor firm(s) beng individual partners of their partnership that you have confirmed have been instructed to act on behalf of MBC and also their separate company J E Baring Ltd if this legal entity has also been instructed and has received data and information that MBC as Data Controller has processed and shared with them as processors, it appears this is via your processors MKS who had a separate data protection officer email address until 28 June 2021 on the back of council tax statements.

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Mr Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

Ref: FOI/6007

 

Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.

 

After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...

 

If you have any queries about this letter, please contact us. Please
remember to quote the reference above in any future communications.

 

Yours sincerely

 

Complaints & FOI Team

Information Governance

Corporate Insight, Communities and Governance

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [2][email address] w [3]www.maidstone.gov.uk

 

 

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Complaints & FOI (MBC), Maidstone Borough Council

Date:   14/12/2021
Ref: FOI/6007
 
Dear Ed Boyce
 
FREEDOM OF INFORMATION ACT REQUEST
 
Our response to your request is follows:
 
Thank you for confirming on 10.3.2021 that Maidstone Borough Council a
Data Controller does not know who is responsible for confirming who
instructs agents/solicitors/counsel in civil legal matters who are
processing private data of individuals shared to them, either directly by
MBC data controller or indirectly through data processor Mid Kent Services
( MKS shared services partnership).
 
What legal right please provide the precise sections of GDPR and DPA 2018
and/or DPA 1998 if data was shared earlier, MBC as a data controller claim
to share private individuals data with your data processors MKS that you
state you do not have any relationship with and to share this private data
with other processors (and other legal entities) and without any data
protection arrangements in place (who are not your customers in that they
have no arrangement or contract with MBC).
 
This information is not held.
 
Please provide all the information MBC and/or MKS hold.
 
1. What date did MBC a Data Controller instruct directly and share data
with J E Baring Ltd.
 
This information is not held.
 
2. Or did MKS shared services partnership instruct J E Baring Ltd to act
on behalf of MBC.
 
This information is not held.
 
3. Please provide a copies of all MKS data sharing arrangements with the
individual partners at the solicitors firm trading as ‘‘J E Baring & Co”
and also the data sharing arrangement with the company J E Baring Ltd
(trading name J E Baring & Co).
 
This information is not held.
 
The latter company J E Baring Ltd, who are instructed by MBC chosen
insolvency practitioners, practitioners who were put forward via a partner
at J E Baring & Co instructed by MBC and also chosen by the practitioners
to act on their behalf via a partner at J E Baring & Co.
 
MBC have also instructed more than one partner to act on the councils
behalf on different occasions for court hearings via MKS (who are another
partnership providing shared services) did MKS also choose the insolvency
practitioner as well as the solicitors firm?
 
This information is not held.
 
4. Please confirm the dates each separate legal entity each partner at J E
Baring & Co were instructed on behalf of MBC and to act on your behalf at
court hearings and whether this instruction was directly given by the
council or indirectly through your data processor MKS.
 
This information is not held.
 
5. Please list each partner of this law firm separately for each of the
dates instructed and the purpose the data was shared, such as Allan Hooper
statutory demand or Bradley Bloom bankruptcy petition etc. And all
hearings dates for either a partner of the partnership or their company
being instructed on each of the dates and for what purpose.
 
This information is not held.
 
a. Please confirm whether either the solicitor who is a partner or the
company MBC instructs are qualified to act and are listed on The Law
Society  for Debt and Bankruptcy - personal  (individuals) or are listed
for Insolvency and restructuring - business (companies ).
 
This information is not held.
 
Please provide the information held regarding MBC instigating bankruptcy
proceedings as a Petitioning Creditor against individuals using  an
external  City of London solicitors firm either a partner or more than one
partner and/ or a company and who are only listed for the latter.
Insolvency and restricting - business.
 
b. Please confirm which legal entity MBC has instructed (provide their
full legal name) and their status within the firm and confirm their area
of practice.
 
J E Baring and Co.
 
c. Please also confirm what other legal entity(s)  MBC authorised this
firm to pass data onto, to represent MBC as a petitioning Creditor at
court hearings in their stead and provide the legal name of the individual
and legal entity, instructed by your legal firm of solicitors either a
partner or company.
 
This information is not held.
 
6. If MBC has a data sharing arrangement with any of the above legal
entities including MKS partners, please provide a copy of all data
protection sharing arrangements even where you claim not to have a
contract in place with your external solicitor firm(s) beng individual
partners of their partnership that you have confirmed have been instructed
to act on behalf of MBC and also their separate company J E Baring Ltd if
this legal entity has also been instructed and has received data and
information that MBC as Data Controller has processed and shared with them
as processors, it appears this is via your processors MKS who had a
separate data protection officer email address until 28 June 2021 on the
back of council tax statements.
 
This information is not held.
 
If you have any queries about this response, please contact us. Please
remember to quote the reference above in any future communications.
 
If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and we will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have exhausted
the complaints procedure provided by the Council. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
 
Yours sincerely,
 
Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [1][email address] w [2]www.maidstone.gov.uk
 
 
 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Please clarify prior to an internal review being requested.

How Maidstone Borough Council have managed to process and share personal data and information with a non-legal entity. Are Maidstone Borough Council claiming that J E Baring and Co exists as a legal entity if so please confirm where this non-legal name appears, as this name does not appear on either the SRA or The Law Society registers or on Companies House.

Did as Data Controller Maidstone Borough Council share data and information with the non-legal entity name ‘J E Baring and Co’

Did Maidstone Borough Council’s shared partnership Mid Kent Services share data with the non-legal entity name ‘J E Baring and Co’

As a data controller Maidstone Borough Council have confirmed that you have no data sharing arrangement or contract in place with any legal entity solicitors firm or company, if you do please provide their proper full legal name(s) because you have stated you hold no information.

Are you stating that as a Data Controller you are entitled to share personal data and information with a non-legal entity name (J E Baring and Co) and to instruct this non-legal entity name to carry out legal work on your behalf, because this is what you appear to be stating to a reasonable onlooker, and this appears to be highly illegal and dubious behaviour if carried out by either a Data Controller or Data Processor.

Please clarify whether you have provided inaccurate information or if the Council have been in fact ignoring the data protection laws and sharing data unlawfully by not having a data sharing policy (arrangement or contract) in place with a legal entity and provide what part of the data protection legislation you rely upon as an exemption to not have a data sharing arrangement/contract in place prior to sharing data and to enable the Council as a data controller to bypass both the GDPR and Data Protection laws in this respect.

Are the Council aware as a Data Controller that they cannot authorise any data and information to be processed and shared with non-legal entities. When did your Data Protection Officer authorise data and information to be shared with a non-legal entity.

Does your shared partnership agent Mid Kent Services have its own Data Protection Officer ( as they have previously had their own data protection officer email address until 28 June 2021) and when did they authorise data and information to be shared with a non-legal entity or did Data Controller Maidstone Borough Council’s Data Protection Officer authorise Mid Kent Services to share data and information with a non-legal entity.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

 

The Council’s response is as follows:

 

How Maidstone Borough Council have managed to process and share personal
data and information with a non-legal entity. Are Maidstone Borough
Council claiming that J E Baring and Co exists as a legal entity if  so 
please confirm where this non-legal name appears, as this name does not
appear on either the SRA or The Law Society registers or on Companies
House.

 

[1]J E Baring & Co’s website provides the following information:

 

AUTHORISED AND REGULATED BY THE SOLICITORS REGULATION AUTHORITY (ID:
6666552)

Company Registration (Number 12146662)

CQS (Number 03309)

 

Did as Data Controller Maidstone Borough Council share data and
information with the non-legal entity name ‘J E Baring and Co’

 

No, we have not shared data and information with a non-legal entity.

 

Did Maidstone Borough Council’s shared partnership Mid Kent Services share
data with the non-legal entity name ‘J E Baring and Co’

 

No, Mid Kent Services has not shared data with a non-legal entity.

 

As a data controller Maidstone Borough Council have confirmed that you
have no data sharing arrangement or contract in place with any legal
entity solicitors firm or company, if you do please provide their proper
full legal name(s)  because you have stated you hold no information.

 

There is no data sharing agreement or contract in place.

 

Are you stating that as a Data Controller you are entitled to share
personal data and information with a non-legal entity name (J E Baring and
Co)  and to instruct this non-legal entity name to carry out legal work on
your behalf, because this is what you appear to be stating to a reasonable
onlooker, and this appears to be highly illegal and dubious behaviour if
carried out by either a Data Controller or Data Processor.

 

We have not shared data and information with a non-legal entity.

 

Please clarify whether you have provided inaccurate information or if the
Council have been in fact ignoring the data protection laws and sharing
data unlawfully by not having a data sharing policy (arrangement or
contract) in place with a legal entity and provide what part of the data
protection legislation you rely upon as an exemption to not have a data
sharing arrangement/contract in place prior to sharing data and to enable
the Council as a data controller to  bypass both the GDPR and Data
Protection laws in this respect.

 

No data protection laws have been breached.

 

Are the Council aware as a Data Controller that they cannot authorise any
data and information to be processed and shared with non-legal entities.
When did your Data Protection Officer authorise data and information to be
shared with a non-legal entity.

 

The Council has not authorised any data and information to be shared with
a non-legal entity.

 

Does your shared partnership agent Mid Kent Services have its own Data
Protection Officer ( as they have previously had their own data protection
officer email address until 28 June 2021) and when did they authorise data
and information to be shared with a non-legal entity or did Data
Controller Maidstone Borough Council’s Data Protection Officer authorise
Mid Kent Services  to share data and information with a non-legal entity.

 

The Data Protection Officer for the Maidstone Borough Council part of Mid
Kent Services is the Maidstone Borough Council Data Protection Officer. No
data and information has been shared with a non-legal entity.

 

If you are unhappy with our responses, please let us know and Mid Kent
Legal Services will conduct an internal review.

 

Yours sincerely

 

Complaints & FOI Team

Information Governance

Corporate Insight, Communities and Governance

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [2][email address] w [3]www.maidstone.gov.uk

 

 

 

 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Thank you for confirming on 21 Dec 2021 that Maidstone Borough Council’s Data Protection Officer and Maidstone Borough Council are both part of Mid Kent Services or do you mean that Mid Kent Services is a partnership service provider created in part by the Maidstone Borough Council’s CEO and Leader and other CEO’s and Leaders of the local authorities within the partnership. In what name does MBC bring any claims if MBC is part of MKS. because you have failed to clarify if it is MBC Data Protection Officer who authorises MKS to share data and information of individuals.

What was the purpose of MKS having their own separate data protection officer email address until 28 June 2021 if there is only a single Data Protection Officer for MBC (who has a different email address) and who appears not to be a part of MKS. Who within MKS was in control of and has accessed this previous MKS email, please provide their status and who authorised two separate data protection officer email addresses and for what purpose.

MBC and your agent MKS claim to not have shared any data without a legal right to do so, yet continue to fail to provide the full legal name of the entity you claim to be able to share data and information with. MBC also confirms you have neither a data sharing contract or agreement in place with any legal entity yet continue to affirm that no data protection laws have been breached. This appears wholly without foundation.

MBC have not provided any legal name. Where does J E Baring and Co or J E Baring & Co which you now claim is the entity that is instructed for legal services appear on any legal register.

What has Conveyancing Quality Scheme (a number you have provided) got to do with who Maidstone Borough Council instructs for legal work regarding Debt and bankruptcy - personal (individuals) and has also failed to state any named solicitor that is qualified and listed on The Law Society and/ or for Insolvency and restricting - business (companies). Why has MBC and MKS claimed not to hold this information when MKLS would be required at the very least to check those instructed are legally qualified to carry out this work if they are not qualified themselves for this legal work.

Please provide the proof that MBC relies on as a Data Controller that evidences that who you claim to have shared personal data and information with, and without a data protection arrangement in place is lawfully authorised to receive this personal data and information because what you have provided does not confirm any facts as to who, either MBC or your agent MKS actually instructed and your answers remain elusive.

On 14 Dec 2021 MBC claim to have instructed J E Baring and Co are you claiming this is a legal entity, as well as, J E Baring & Co please provide a yes or no answer for each name and for each name state if you are referring to a partnership or a company because you have said that no Data Protection Contract or Agreement is needed for either.

Maidstone Borough Council were asked to provide all the information you hold yet continue to give out confusing and misleading information that appears elusive because MBC also states on 14 Dec 2021 that neither MBC or your agent MKS have instructed or shared data and information with J E Baring Ltd and that your agent MKS does not and never has had a data sharing arrangement with either any partner (solicitor) or a company and that MBC do not hold any information at all regarding either the partners or company. If this is incorrect please provide clarification.

MBC were again asked to provide clarification 16 Dec 2021 under the FOIA regarding your agent MKS part in any instructions carried out on your behalf, or whether any instruction is carried out through your agent MKS or only through MBC directly, as you also appear to be avoiding this issue.

Please provide the precise section of GDPR and data protection legislation (DPA 1998/DPA 2018) MBC rely on and have continued to fail to produce, including why you do not have any Data Sharing Arrangements in place and prior to processing and sharing personal data and information with others including MKS.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

You have expressed dissatisfaction with the Council's responses, therefore please can you confirm if you would like Mid Kent Legal Services to conduct an internal review?

Yours sincerely

Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Are MBC saying they can not provide clarification without requesting an internal review (time delaying tactic) as to why you have not provided the full name(s) of the proven legal entity(s) that have received personal data and information from either MBC and/or MKS or from both etc?

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

In our previous responses we have provided you with the information that is held by the Council, and we have told you what information is not held.

If you are dissatisfied with our responses, the next step is to request an internal review.

Yours sincerely

Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Dear Maidstone Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Maidstone Borough Council's handling of my FOI request 'GDPR & DPA 2018 Data Controller & Data Processors - Data sharing arrangement/contract Legal Service'.

It is believed until MBC or their partnership service provider MID KENT SERVICES (MKS) that has multiple sections/departments carrying out services on behalf of MBC and others, that the Council claim they are part of and who their CEO and Leader took part in creating with others. Although, they have also failed to provide clarification as to this point. Must be able to identify on legal registers the legal entity(s) they claim to have instructed legally and paid for legal services.

Maidstone Borough Council (MBC) claim to have provided all the information that is held by the Council, which can only mean that they must have acted unlawfully by passing personal data and information of natural persons onto partnership agents (MKS) who shared data with further agents (un-named external solicitors) who further share the data with other multiple agents, without providing any proof from MBC as to their actual authority. Whose partnership agents instruct further agents (external un-named solicitors) to bring civil claims (creditor’s bankruptcy petitions /charging orders etc) apparently on behalf MBC and those agents are not listed on a legal register as a legal entity so have no right to issue any civil claim or petition; yet MBC refuse to provide any proof that they are a legal entity or have the right to conceal any data and information they have received from MBC and/ or their partnership agents etc.

Maidstone Borough Council has not provided the information confirming that they have instructed a legal entity and have no right to share data of a natural person with a non-legal entity and a request for clarification and to evidence who they have instructed and paid for legal services are listed on a legal register and qualified to carry out specialist legal work and to lawfully share personal data and information of natural persons within civil matters etc continues to be ignored. They must be able to provide the legal name(s) of those instructed to provide legal services when both the names they have provided DO NOT appear on the registers because neither appears to be a legal entity.

They have also failed to confirm in which name a claim is issued in and if those agents bringing it have any actual authority from MBC or from any of their MKS agents.

Please review your answers prior to this FOIR being passed to the ICO.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Date: 24/12/2021
Ref: FOI/6007

Dear Ed Boyce

Thank you for your request for an internal review. I have passed this on to Mid Kent Legal Services to review your request and the response. You will receive a response within 20 working days.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. https://ico.org.uk/.

Yours sincerely,

Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Gary Rowland,

Dear Ed Boyce

 

Review of FOI Request #6007 – Maidstone Borough Council

 

I have considered your request for review, dated 23 December 2021, of your
original request dated 22 November 2021.

 

Your request for review stated:

 

Please pass this on to the person who conducts Freedom of Information
reviews.

 

I am writing to request an internal review of Maidstone Borough Council's
handling of my FOI request 'GDPR & DPA 2018 Data Controller & Data
Processors - Data sharing arrangement/contract Legal Service'.

 

It is believed until MBC or their partnership service provider MID KENT
SERVICES (MKS) that has multiple sections/departments carrying out
services on behalf of MBC and others, that the Council claim they are part
of and who their CEO and Leader took part in creating with others.
Although, they have also failed to provide clarification as to this point.
Must be able to identify on legal registers the legal entity(s)  they
claim to have instructed legally and paid for legal services.

 

Maidstone Borough Council (MBC) claim to have provided all the
information  that is held by the Council, which can only mean that they
must have acted unlawfully by passing personal data and information of
natural persons onto partnership agents (MKS) who shared data  with
further agents (un-named external solicitors) who further  share the data
with other multiple agents, without providing any proof from MBC as to
their actual authority.  Whose partnership agents instruct further agents
(external un-named solicitors)  to bring civil claims (creditor’s
bankruptcy petitions /charging orders  etc)  apparently on behalf MBC and
those agents are not listed on a legal register as a legal entity so have
no right to issue any civil claim or petition; yet  MBC refuse to provide
any proof that they are a legal entity or have the right  to conceal any
data and information they have received from MBC and/ or their partnership
agents etc.

 

Maidstone Borough Council has not provided the information confirming that
they have instructed a legal entity and have no right to share data of a
natural person with a non-legal entity and a request for clarification and
to evidence who they have instructed and paid for legal services are 
listed on a legal register and qualified to carry out specialist legal
work and to lawfully share personal data and information of natural
persons within civil matters etc continues to be ignored. They must be
able to provide the legal name(s) of those instructed to provide legal
services when both the names they have provided DO NOT appear on the
registers because neither appears to be a legal entity.

 

They have also failed to confirm in which name a claim is issued in and if
those agents  bringing it have any actual authority from MBC or from any
of their MKS agents.

 

Please review your answers prior to this FOIR being passed to the ICO.

 

Your initial request asked for the following information (with the
Council’s responses in bold):

 

Thank you for confirming on 10.3.2021 that Maidstone Borough Council a
Data Controller does not know who is responsible for confirming who
instructs agents/solicitors/counsel in civil legal matters who are
processing private data of individuals shared to them, either directly by
MBC data controller or indirectly through data processor Mid Kent Services
( MKS shared services partnership).

 

What legal right please provide the precise sections of GDPR and DPA 2018
and/or DPA 1998 if data was shared earlier, MBC as a data controller claim
to share private individuals data with your data processors MKS that you
state you do not have any relationship with and to share this private data
with other processors (and other legal entities) and without any data
protection arrangements in place (who are not your customers in that they
have no arrangement or contract with MBC).

 

This information is not held.

 

Please provide all the information MBC and/or MKS hold.

 

1. What date did MBC a Data Controller instruct directly and share data
with J E Baring Ltd.

 

This information is not held.

 

2. Or did MKS shared services partnership instruct J E Baring Ltd to act
on behalf of MBC.

 

This information is not held.

 

3. Please provide a copies of all MKS data sharing arrangements with the
individual partners at the solicitors firm trading as ‘‘J E Baring & Co”
and also the data sharing arrangement with the company J E Baring Ltd
(trading name J E Baring & Co).

 

This information is not held.

 

The latter company J E Baring Ltd, who are instructed by MBC chosen
insolvency practitioners, practitioners who were put forward via a partner
at J E Baring & Co instructed by MBC and also chosen by the practitioners
to act on their behalf via a partner at J E Baring & Co.

 

MBC have also instructed more than one partner to act on the councils
behalf on different occasions for court hearings via MKS (who are another
partnership providing shared services) did MKS also choose the insolvency
practitioner as well as the solicitors firm?

 

This information is not held.

 

4. Please confirm the dates each separate legal entity each partner at J E
Baring & Co were instructed on behalf of MBC and to act on your behalf at
court hearings and whether this instruction was directly given by the
council or indirectly through your data processor MKS.

 

This information is not held.

 

5. Please list each partner of this law firm separately for each of the
dates instructed and the purpose the data was shared, such as Allan Hooper
statutory demand or Bradley Bloom bankruptcy petition etc. And all
hearings dates for either a partner of the partnership or their company
being instructed on each of the dates and for what purpose.

 

This information is not held.

 

a. Please confirm whether either the solicitor who is a partner or the
company MBC instructs are qualified to act and are listed on The Law
Society  for Debt and Bankruptcy - personal  (individuals) or are listed
for Insolvency and restructuring - business (companies ).

 

This information is not held.

 

Please provide the information held regarding MBC instigating bankruptcy
proceedings as a Petitioning Creditor against individuals using  an
external  City of London solicitors firm either a partner or more than one
partner and/ or a company and who are only listed for the latter.
Insolvency and restricting - business.

 

b. Please confirm which legal entity MBC has instructed (provide their
full legal name) and their status within the firm and confirm their area
of practice.

 

J E Baring and Co.

 

c. Please also confirm what other legal entity(s)  MBC authorised this
firm to pass data onto, to represent MBC as a petitioning Creditor at
court hearings in their stead and provide the legal name of the individual
and legal entity, instructed by your legal firm of solicitors either a
partner or company.

 

This information is not held.

 

6. If MBC has a data sharing arrangement with any of the above legal
entities including MKS partners, please provide a copy of all data
protection sharing arrangements even where you claim not to have a
contract in place with your external solicitor firm(s) beng individual
partners of their partnership that you have confirmed have been instructed
to act on behalf of MBC and also their separate company J E Baring Ltd if
this legal entity has also been instructed and has received data and
information that MBC as Data Controller has processed and shared with them
as processors, it appears this is via your processors MKS who had a
separate data protection officer email address until 28 June 2021 on the
back of council tax statements.

 

This information is not held.

 

Response

 

Having reviewed your requests and the Council’s response, I uphold the
response that was issued by the Council. The information you have
requested is not held by the Council and as such, I am satisfied that the
Council has dealt with your request appropriately.

 

I would like to highlight the following information which was issued to
you by the Council in September 2019:

 

We pay J E Baring & Co. We refer to them as J E Baring & Co because this
is how the refer to themselves, which can be seen on their website:
[1]https://jebaring.co.uk/. Their website also provides their SRA ID:
46559. J E Baring & Co are registered under the name J E Baring LTD.

 

We have already explained that we use J E Baring & Co for bankruptcy
proceedings. We pay J E Baring & Co (registered as J E Baring LTD).

 

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Kind regards

 

 

Gary Rowland

Senior Legal Advisor (GCILEx) - Corporate Governance

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10
3HT

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells,
TN1 1RS

Tel: (01622) 602276   Email: [2][email address]

[3]www.swale.gov.uk     
[4]www.maidstone.gov.uk       [5]www.tunbridgewells.gov.uk

 

The contents of this e-mail, together with any attachments, may be
confidential or subject to legal professional privilege.  It should not be
shared with anyone without first consulting Mid Kent Legal Services. 

If you are not the intended recipient, please do not forward this email or
the attachments to anybody.  Please notify the sender and delete all
copies of this email from your system.

 

 

References

Visible links
1. https://jebaring.co.uk/
2. mailto:[email address]
3. http://www.swale.gov.uk/
4. http://www.maidstone.gov.uk/
5. http://www.tunbridgewells.gov.uk/

Dear Gary Rowland,

Thank you for confirming that Maidstone Borough Council a Data Controller does not check whether those they instruct are legally qualified before processing and sending private data and information. This could be classed as unlawful data sharing if they are not authorised.

Could it be because MBC as partners of MKS are fully aware that those they instruct are not listed as qualified to carry on this work or why pretend you have never instructed any partners?

Are MBC and MKS claiming never to have instructed any partners from the partnership J E Baring & Co such as Allan Hooper and Bradley Bloom and that you have never shared private data and information related to individuals you have applied to make bankrupt with them or paid either of them.

MBC a Data Controller claim not to hold any information relating to sharing data and who cannot instruct or pay a trading name to act in any legal proceeding.

MBC a Data Controller must also know if a bankruptcy petition is completed in your name and on your behalf by your agents that you instruct for debt recovery.

J E Baring LTD does not appear on Companies House records do you hold the company number.

Have MBC been instructing and paying J E BARING LTD a company or not, it is a simple Yes or No answer because you also claim MBC or MKS have shared no data and information with this company so how is that possible.

Yours sincerely,

Ed Boyce

Gadawodd Ed Boyce anodiad ()

If Mid Kent Services a partnership (a third party data processor) created between several local authorities Data Controllers to provide them with services and who are not authorised to share personal data outside of the remit of the partnership.

Local Authorities can not delegate all their powers and can only delegate certain powers under specific circumstances.

Where are Mid Kent Services employees claiming to grant themselves authority, they do not hold ?

Dear Gary Rowland,

When can a reply be expected MBC has not provided any further clarification after this requested on 25.1.2022.

Yours sincerely,

Ed Boyce

Gary Rowland,

Dear Mr Boyce

Having carried out a review of your original request, I am afraid there is nothing further I can add.

Further requests for information should be directed to the Complaints and FOI team at [Maidstone Borough Council request email]

Kind regards

dangos adrannau a ddyfynnir

Gadawodd Ed Boyce anodiad ()

Why would the CEO’s who are not elected members of a Council (Maidstone Borough Council Constitution) create partnership arrangements with other councils, with just the elected Council Leaders and who are the only elected councillors involved.

These councils become partners of their partnership called Mid Kent Improvement Partnership (MKIP) who then create Mid Kent Services (MKS) and who later appear to drop the name MKIP in favour of just using MKS and appointing a Mid Kent Services Director.

Are MBC also claiming to have instructed a partner or more than one partner of their external City of London solicitors firm but who appear to be saying that they waited until this partnership firm had created a company on 8 August 2019, to pay them through this different legal entity that was not recognised by the SRA until 14 January 2020?

What lawful right do MKS who are service providers to these councils and others have to access and process the data and financial information of individuals in different councils, and without a data sharing arrangement in place, for council tax and debt recovery or to share this information with external solicitors.

Debt Recovery is a civil matter and no GDPR exemptions apply.

Why are these City of London solicitors not listed on the FCA register or as EPF and not listed on the law society register or SRA for debt recovery work, yet are being given data by MKS departments for debt recovery ?