Failed Data Request DSAR


In August, I reminded NMC that I am waiting for my Subject Access Request, I also reminded NMC of this in September and October.
I was even told by a manager on one occasion that I would receive my request later that day.  In a response to a complaint, a Data Protection Officer / Manager responded. The response is below as is my reply to their response.
My reply back to NMC is provided in the same text as Bold.


Dear <redacted>

I was today contacted by <name redacted>, Contact Centre Manager, who advised that you had raised concerns about a data breach connected to a Subject Access Request which you submitted to the NMC. I was also copied into an email from our Legal Department in which you formally raised the same concerns.

It appears that the confusion here has stemmed from a complaint response which you received which advised that we had responded to a Subject Access Request from you on 12 September 2020. As you did not receive anything from us on 12 September 2020 this led you to believe that we must have sent our response to someone else. I can confirm that the date quoted in your complaint response was a typo, it should have read 12 September 2019. 

A typo as you say would tend to signify one error. Given the fact that your response listed to me four dates and each of these four dates were incorrect, it can hardly be considered to be a typo. This is incompetence and maladministration.

Please accept our apologies for this and the confusion this has caused you. I understand that when you spoke to <name redacted, Manager> earlier today you advised that there was a response which you received in September 2019.

Incorrect. <name redacted, Manager>  informed me that you had confirmed the data was sent to me in September 2020.  This is the result of your investigation after my repeated endeavours to try and get answers from yourselves in regards to missing data. The result of your investigation was clearly wrong. 


I hope the above allays your concerns that we may have sent your personal information to someone else, we did not respond to any Subject Access Requests from you in September 2020.

Neither did you respond to my requests in July 2020, nor August 2020, nor any other reminders I conveyed to yourselves via telephone messages in August 2020, nor September 2020 and October 2020 – despite constant reminders to yourselves.

I was told by Emma that you would send me the SAR. You have failed to do so, all you have done is tell me NMC received my data request, have failed to provide me with said data request and then inform me that I should send information to yourselves if I have another SAR i wish you to consider. 


I further understand that you believe that there is an outstanding Subject Access Request with the NMC that has not been responded to. I have checked our records and can confirm that my team have not received any further Subject Access Requests from you since the request advised of above. I have noted that as part of the information collated during the investigation of your complaint our Quality Decision Making team advised that you did make a further request in August 2020 that was not forwarded to my team as you had advised them that you would be submitting another request therefore, there was no need to forward this to us. It is further advised that you later told the Quality Decision Making Team that you had decided to take us to County Court and would send an N1 County Court form to us. We have no record of receiving such a form.

I consider this response to be nothing other than lies. Clearly, and if you check your records, I have contacted the FOI phone number provided on a multitude of occasions in reference to my failed SAR. 


If you do have another Subject Access Request that you wish us to consider, please give me the details and I’ll ensure this is logged and processed.

Despite me stating it is my intention to issue an N1 claim form for you to provide me with SAR, despite my constant chasing this failed request up, despite you stating above that I made a request but it was not processed, you now ignore all of these things and ask me to provide details so it can be logged and processed.
Duuuuh !!!!!!!!!!!!!!!!


Many thanks

<<Name redacted>>

Information & Data Requests Manager

People and Organisational Effectiveness


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