[Closed] Claim allegedly no properly pleaded
The events concerning my claim took place at the time when the Data Protection Act 1998 was in force. Hence, I would be grateful to you if you tell which part of this Act concerns the passing of personal data to a a third party
Part II covers "rights of data subjects and others".
"In the Data Protection Act 1998 there are I think 8 principles and to pass confidential information to third parties should be included in one of them so there are not, like you say, 200 possibilities that this Act was breached concerning my claim"
Sorry, but there are at least that many.
Data Protection is not about confidential information. Confidential information is a concept with a distinct legal status and protection of its own which existed long before DP.
Data Protection is about information about identifiable individuals. There is a category within that of specially sensitive information about such individuals. Neither need be confidential.
Disclosure of such (DP) information is very common, and indeed the world would fall off a cliff if it was not so disclosed, and is perfectly proper in the right circumstances. Under GDPR all you eventually need is a properly written policy.
I am sorry, but are still waving about generalities, and using phrases which suggest that you still do not understand it, or, if you do, that you are not describing adequately what you do understand.
I do wish you well, but, as with all litigation, you either take the considerable trouble needed to acquire the necessary knowledge understanding and skills and do it yourself, or you pay someone who has taken that trouble already to do it for you. Falling between the two will always be painful.
So my claim was struck out only because I do not make reference in my particulars of claim to Part II "rights of data subjects and others" of the DPA 1998!!!
However it does not seem to be very diffiicult to find out that it was Part II which matters.
And, even if I would have made referene to it in my claim would have it be of any help to the Defendant which at this stage needed to know that I complain in my claim because he passed my personal data to a third party without any legal basis and it was up to him to prove that he had a good reason to have done this?
You say either I have to know the law in detail or to instruct a lawyer However, you have not taken into account the purpose of the small track which is to allow simple people to settle their dispute at low cost without the need to instruct lawyers and as a consequence without the need to make reference to a particular part of an Act making reference to the Act itself shoudl be enough(usually no costs are awared in this track)
No doubt you will make those points in your appeal. You may wish to specify the exact sections within Part II of the act that you say the defendant failed to comply with, and to give details of the breaches that you allege occurred.
NB I can only assume that you have fully and accurately explained what has happened in your case, and the reasons for the judge's ruling. If that assumption is not well founded, then that undermines everything.
"without the need to make reference to a particular part of an Act "
They are called the 'particulars of claim'
Can you tell me which section of Part II "rights of data subjects and others" concerns the passing of personal data about the data subject to a third party without any good reason?
Anyone reading this would be forgiven for thinking that you have brought a claim for damages for breach of the Data Protection Act 1998 without being able to identify the section that you consider was breached.
Even people with limited capacities have to right to issue a claim and it is why there is a small claim track
However, I can certainly find it but if someone from this forum who already has this inforrmation provides it to me it will be quicker and there will be less risk of error
You make reference to the Part II "rights of data subjects and others". However, this Part has 12 sections which are the following
7. Right of access to personal data.
8. Provisions supplementary to section 7.
9. Application of section 7 where data controller is credit reference agency.
9A. Unstructured personal data held by public authorities.
10. Right to prevent processing likely to cause damage or distress.
11. Right to prevent processing for purposes of direct marketing.
12. Rights in relation to automated decision-taking.
12A. Rights of data subjects in relation to exempt manual data.
13. Compensation for failure to comply with certain requirements.
14. Rectification, blocking, erasure and destruction.
15. Jurisdiction and procedure.
And, none seems to deal with the passing of personal data to a third party without any good reasons. Are you sure that it is Part II "rights of data subjects and others" which matters?
It seems that you also have some difficulties to find what this 'part of the Act ' is. Hence, we can imagine how unfair it is on a poor litigant to strike out its claim only because he would not have put forward this 'part of the Act' denying to him the benefit of the small track for which litiganta are not supposed to need to be represented
good luck with your appeal.