Data Protection Act 1998 c. 29 Part II

Angela Richards made this Freedom of Information request to Rhondda Cynon Taf County Borough Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Rhondda Cynon Taff Council,

RE: Data Protection Act 1998 c. 29 Part II

I refer to the following:

Compensation for failure to comply with certain requirements.

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.

(End)

1. Please could you provide details of the number of complaints that have come under the above. Preferably for the past 10 yrs or more (or to be fair here - as far back as possible).

2. Please could you provide details ( ditto time scale above) of the amounts of compensatory payments made by the Council - in particular to members of the Public .

3. Does the Council have any specific written guidance or code of practice or similar in place once a complaint of this nature has been :

a) Received

b) investigated and upheld?

Please provide details.

4. Are there any specific individuals who take responsibility for handling such matters to their conclusion? Or is it handled under your general complaints system?

5. What kinds of positive action would/could the Council take in putting a victim back to as best as possible situation had the breach not been suffered? ( compensation aside) Do you have any written guidelines or any written policies in place for this please?

Yours faithfully,

Angela Richards

Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Ms Richards,

Thank you for your request for information.

Your request will be processed in accordance with the Freedom of
Information Act 2000 (or Environmental Information Regulations 2004, if it
relates to environmental information).

You should ordinarily expect to receive a response to your request no
later than 20 working days following the date of submission to the
Council. We will contact you should this not be the case.

Yours sincerely

Corporate Governance Team
for Director of Legal & Democratic Services

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Dear Freedomofinformation,

Thank you for your response.

Please let me know if you require any clarification on this request if you need it . I shall be happy to amend if needs be.

Yours sincerely,

Angela Richards

Angela Richards

Dear Freedomofinformation,

This request is due to expire on the 21st instant.

I look forward to receiving a response to my Request in due course and within the specified time limit.

If you require any assistance by way of further information or clarity in order to comply please let me know at your very earliest opportunity.

Yours sincerely,

Angela Richards

Angela Richards

FAO -Corporate Governance Team
for Director of Legal & Democratic Services RCTCBC,

I have been notified that you have not replied to my FOI request Data Protection Act 1998 c. 29 Part II promptly, as normally required by law.

In order to comply fully with the law I now require a prompt response of some kind from yourselves.

Yours sincerely,

Angela Richards

Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Ms Richards,

We refer to your Freedom of Information Request in respect of the Data
Protection Act 1998 c. 29 Part II - Compensation for failure to comply
with certain requirements.

The Authority is not aware of any instances and no such claims have been
made with regard to the points outlined below. Any claims for compensation
would be a civil matter.

Further guidance on the Data Protection Act 1998 can be obtained via the
Information Commissioner's Office website by clicking on the URL link
below:-

[1]https://ico.org.uk/for-organisations/gui...

If you are unhappy with the way your request for information has been
handled, you can request a review of the Council’s response. If you wish
to exercise this right, please set out in writing your grounds and send
your appeal to Mrs Julie Llewellyn. She may be reached at
[2][email address] or at RCT CBC, Pavilions, Clydach Vale,
Tonypandy, CF40 2XX.

Additionally you may, if you wish, find out more about the Freedom of
Information Act & Environmental Information Regulations from the
Information Commissioner at
[3]http://www.ico.org.uk/

We trust this answers your queries.

Yours Sincerely

Marc Jones
Swyddog Gwasanaethau Democrataidd / Democratic Services Officer
Gwasanaethau Cyfreithiol a Democrataidd / Legal and Democratic Services

The Pavilions
Clydach Vale
CF40 2XX
Ffon: 01443 424102 / Tel No: 01443 424102

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Angela Richards

Dear Marc Jones,
Democratic Services Officer

Thank you for your prompt response which answers in part my Request. However I wish to raise and explore these matters further as there are still questions unanswered that require clarification from yourselves.

1. That if someone such as myself ( a rate paying member of the public and stakeholder) were to wish to both raise and report harmful breaches under said Act then to whom exactly within the Council and using what process via the Council should be used? This would be as an alternative to the ICO and legal route.

2. I note you state about there not being any known breaches and would ask you to please clarify How far back have you checked please? What sources of data have you checked for this? How do you record such events? Also how do you deal with them if raised other than the usual fob off down the legal route?

3. Do I take from your response that you mean to say that there are no guidelines, codes, responsible persons etc for this in place? If so why not? Does the Council believe there is no possibility of any events involving this or simply do not feel the need for any such provisions to be made? Please clarify further.

4. I further note you state -quote - Any claims for compensation would be a civil matter thus pushing people down the costly and protracted legal route which is seldom available these days for many reasons. If a complaint is cut and dried i.e proven and admitted then why cant it be resolved without recourse to Law? Thus saving further wholly unnecessary costs both to the victim as well as the Public Purse of course.

5.Finally and for the entire purpose of clarification on my part to assist I do have evidence in regard to responses to very harmful and serious breaches of the said Act some with written apologies and promises to do all the Council can to assist and to settle a claim via the Councils Insurers ( nobody did this and I have recently tried this to no avail ) from some years back which the Council has consistently failed to Honour.

I took these written apologies and offers in Good Faith yet they ( and I) remain 'ignored', neglected and the harm,costs, losses, suffering and distress is very much ongoing. They are 'proven and admitted claims' with promises that were broken and remain so.On this basis therefore I feel strongly that some kind of system needs to be in place for such serious negative events as it appears from your response the Council doesn't provide in any way for such matters if so this would answer a lot - so is this correct please? Are the Council intending to make any provisions for such serious matters as they arise? If not, why not?

I would be most grateful for more clarification on the points raised please. I am more than happy to discuss or clarify these matters further if it helps.

I look forward to hearing from you further.

Yours sincerely,

Angela Richards

Angela Richards

Dear Marc Jones
Democratic Services Officer
RCTCBC Legal and Democratic Services ,

The Data Protection Bill has been passed by Parliament. Subject to Royal Assent (on Wednesday) it comes into force on Friday.

Here is a summary - source Act Now Training Ltd.

https://actnowtraining.wordpress.com/201...

Yours sincerely,

Angela Richards

Angela Richards

Dear Freedomofinformation,

I shall now be referring this matter in its entirity further to the ICO for their attention.

Yours sincerely,

Angela Richards

Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Ms Richards,

Thank you for your request for information.

Your request will be processed in accordance with the Freedom of
Information Act 2000 (or Environmental Information Regulations 2004, if it
relates to environmental information).

You should ordinarily expect to receive a response to your request no
later than 20 working days following the date of submission to the
Council. We will contact you should this not be the case.

Yours sincerely

Carfan Llywodraethu Corfforaethol / Corporate Governance Team
ar ran Cyfarwyddwr Gwasanaethau Cyfreithiol a Llywodraethol / for Director
of Legal & Democratic Services

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Freedomofinformation, Rhondda Cynon Taf County Borough Council

Dear Ms Richards,

We refer to your Freedom of Information Request in respect of the
questions below with regard to the Data Protection Act 1998 c. 29 Part II.

The Authority’s response is as follows:

1. That if someone such as myself ( a rate paying member of the public and
stakeholder) were to wish to both raise and report harmful breaches under
said Act then to whom exactly within the Council and using what process
via the Council should be used? This would be as an alternative to the ICO
and legal route.

· Any concerns or complaints regarding the Councils use of an individual’s
personal data should be reported in line with the Councils Complaints and
Concerns Policy.

· Concerns or complaints may be reported on-line via the Councils website.
Please click on the URL link below to access the form:-
[1]https://www.rctcbc.gov.uk/EN/Council/Dat...

· Alternatively, individuals may raise their concern or complaint directly
with the Councils Data Protection Officer. Please see contact details
below:-

Ms L Evans, Principal Info Management & Data Protection Officer -
[2][email address]

RCTCBC
Information Management Team
Bronwydd House
Porth
RCT
CF39 9DL

2. I note you state about there not being any known breaches and would ask
you to please clarify How far back have you checked please? What sources
of data have you checked for this? How do you record such events? Also how
do you deal with them if raised other than the usual fob off down the
legal route?

Apologies if your original questions were misinterpreted. We responded
specifically to your request for information relating to data breaches
that had resulted in compensation.

To clarify:

· The Council has no record of a claim for compensation relating to a
personal data breach being made to the Council.

· The Council has the following procedures in place to deal with breaches
of personal data:

o Procedures for reporting information security incidents and events
o Procedures for investigating information security incidents and events

· The responsible person for investigating breaches of personal data is
the Data Protection Officer.

· The Council has investigated the following number of information
security incidents:

¾ 12/13 12
¾ 13/14 23
¾ 14/15 32
¾ 15/16 43
¾ 16/17 51
¾ 17/18 50

4. I further note you state -quote - Any claims for compensation would be
a civil matter thus pushing people down the costly and protracted legal
route which is seldom available these days for many reasons. If a
complaint is cut and dried i.e proven and admitted then why cant it be
resolved without recourse to Law? Thus saving further wholly unnecessary
costs both to the victim as well as the Public Purse of course.

Should a person wish to make a claim for compensation in relation to a
personal data breach they may do so by submitting an Insurance claim.

Should you wish to submit a claim please telephone 01443 425005 to request
a claim form.

5.Finally and for the entire purpose of clarification on my part to assist
I do have evidence in regard to responses to very harmful and serious
breaches of the said Act some with written apologies and promises to do
all the Council can to assist and to settle a claim via the Councils
Insurers ( nobody did this and I have recently tried this to no avail )
from some years back which the Council has consistently failed to Honour.

I took these written apologies and offers in Good Faith yet they ( and I)
remain 'ignored', neglected and the harm, costs, losses, suffering and
distress is very much ongoing. They are 'proven and admitted claims' with
promises that were broken and remain so.On this basis therefore I feel
strongly that some kind of system needs to be in place for such serious
negative events as it appears from your response the Council doesn't
provide in any way for such matters if so this would answer a lot - so is
this correct please? Are the Council intending to make any provisions for
such serious matters as they arise? If not, why not.

Should you have any specific concerns regarding the Council use of your
personal data I would encourage you to raise the matter formally with the
Councils Data Protection Officer.

The Data Protection Officer can be contacted via email at
[3][email address]

Should you have any concerns relating to a claim for compensation that you
have made, the Authority would encourage you to contact the Insurance
Section via the contact details below:-

By email: [4][email address]

In writing : RCTCBC, The Pavilions, Cambrian Park, Clydach Vale, CF40 2XX

If you are unhappy with the way your request for information has been
handled, you can request a review of the Council’s response. If you wish
to exercise this right, please set out in writing your grounds and send
your appeal to Mrs Julie Llewellyn. She may be reached at
[5][email address] or at RCT CBC, Pavilions, Clydach Vale,
Tonypandy, CF40 2XX.

Additionally you may, if you wish, find out more about the Freedom of
Information Act & Environmental Information Regulations from the
Information Commissioner at [6]http://www.ico.org.uk/

We trust this answers your queries.

Yours Sincerely

Carfan Llywodraethu Corfforaethol / Corporate Governance Team ar ran
Cyfarwyddwr Gwasanaethau Cyfreithiol a Llywodraethol / for Director of
Legal & Democratic Services

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Angela Richards

Dear Freedomofinformation,

Thank you for your detailed response and I confirm this request is now completed and closed.

Thank you for the contact telephone number and I have now requested an Insurance Claim form to complete and submit In Good Faith in relation to these matters.

Yours sincerely,

Angela Richards