Category: Legal Analysis

The Data Protection Act 2018 (DPA) is a law that sets out rules and regulations regarding the use, storage, and sharing of personal data in the United Kingdom (UK).

The Data Protection Act 2018 was introduced to replace the Data Protection Act 1998, and it incorporates the General Data Protection Regulation (GDPR), which is a European Union (EU) regulation that governs data protection across the EU.

In this article, we explore the key features of the DPA and how it relates to GDPR, the role of the Data Protection Officer (DPO), how to make a Subject Access Report (SAR) and data protection complaint to an organisation.

Key Features of the Data Protection Act 2018

The Data Protection Act is a comprehensive piece of legislation that covers all aspects of data protection in the UK. Some of the key features of the DPA include:

1. Data protection principles: The DPA sets out six data protection principles that organisations must follow when processing personal data. These principles include fairness, lawfulness, transparency, accuracy, storage limitation, and accountability.
2. Lawful basis for processing: The DPA requires organisations to have a lawful basis for processing personal data. These include consent, contract, legal obligation, vital interests, public interest, and legitimate interests.
3. Rights of data subjects: The DPA gives individuals the right to access their personal data, request the erasure of their data, and object to the processing of their data. It also gives individuals the right to data portability, which means they can request their data in a portable format.
4. Data protection officers: The DPA requires certain organisations to appoint a data protection officer (DPO) to oversee their data protection activities.
5. Data breaches: The DPA requires organisations to report certain types of data breaches to the Information Commissioner’s Office (ICO) within 72 hours of becoming aware of the breach.
6. Enforcement: The DPA gives the ICO the power to issue fines of up to £17.5 million or 4% of an organization’s global turnover for serious breaches of data protection law.

How the Data Protection Act relates to the GDPR

The DPA incorporates the GDPR into UK law. This means that organisations in the UK must comply with both the DPA and the GDPR. Some of the key ways in which the DPA relates to the GDPR include:

1. Data protection principles: The data protection principles in the DPA are based on the principles set out in the GDPR. This means that organisations must follow the same principles when processing personal data, regardless of whether they are subject to the DPA or the GDPR.
2. Lawful basis for processing: The lawful bases for processing personal data in the DPA are based on the lawful bases set out in the GDPR. This means that organisations must have a lawful basis for processing personal data under both the DPA and the GDPR.
3. Rights of data subjects: The rights of data subjects in the DPA are based on the rights set out in the GDPR. This means that individuals in the UK have the same rights to access their personal data, request the erasure of their data, and object to the processing of their data as individuals in the EU.
4. Data protection officers: The requirements for appointing a data protection officer in the DPA are based on the requirements set out in the GDPR. This means that organisations in the UK must appoint a DPO if they meet the same criteria as organisations in the EU.
5. Data breaches: The requirements for reporting data breaches in the DPA are based on the requirements set out in the GDPR. This means that organisations in the UK must report certain types of data breaches to the ICO within 72 hours of becoming aware of the breach, just as organisations in the EU must report certain types of data breaches to their supervisory authority.
6. Enforcement: The enforcement provisions in the DPA are based on the enforcement provisions set out in the GDPR. This means that the ICO has the power to issue fines of up to £17.5 million or 4% of an organisation’s global turnover for serious breaches of data protection law, just as supervisory authorities in the EU have the power to issue fines under the GDPR.

The ICO Guide to the UK GDPR is part of their Guide to Data Protection and is a must read to fully understand Data Protection and GDPR. The ICO is the UK’s independent body set up to uphold information rights. 

Data Protection Officer (DPO)

The primary role of the Data Protection Officer (DPO) is to ensure that there organisation processes the personal data of its staff, customers, providers or any other individuals (also referred to as data subjects) in compliance with the applicable data protection rules.

• The UK GDPR introduces a duty for you to appoint a data protection officer (DPO) if you are a public authority or body, or if you carry out certain types of processing activities.
• DPOs assist you to monitor internal compliance, inform and advise on your data protection obligations, provide advice regarding Data Protection Impact Assessments (DPIAs) and act as a contact point for data subjects and the Information Commissioner’s Office (ICO). 
• The DPO must be independent, an expert in data protection, adequately resourced, and report to the highest management level.
• A DPO can be an existing employee or externally appointed.
• In some cases several organisations can appoint a single DPO between them.
• DPOs can help you demonstrate compliance and are part of the enhanced focus on accountability.

Data Protection Officers ICO

Rights of Access – Subject Access Request

One of the key rights that individuals have under the DPA and the GDPR is the right to access their personal data. This means that individuals can request a copy of the personal data that an organisation holds about them.

• Individuals have the right to access and receive a copy of their personal data, and other supplementary information.
• This is commonly referred to as a subject access request or ‘SAR’.
• Individuals can make SARs verbally or in writing, including via social media.
• A third party can also make a SAR on behalf of another person.
• In most circumstances, you cannot charge a fee to deal with a request.
• You should respond without delay and within one month of receipt of the request.
• You may extend the time limit by a further two months if the request is complex or if you receive a number of requests from the individual.
• You should perform a reasonable search for the requested information.
• You should provide the information in an accessible, concise and intelligible format.
• The information should be disclosed securely.
• You can only refuse to provide the information if an exemption or restriction applies, or if the request is manifestly unfounded or excessive.

Rights of Access (SAR) ICO

How to make a Subject Access Report (SAR)

To make a Subject Access Request (SAR), individuals should follow these steps:

1. Identify the organisation: The first step is to identify the organisation that holds your personal data. This could be your employer, your bank, your healthcare provider, or any other organisation that you have interacted with.
2. Make a request: Once you have identified the organisation, you should make a subject access request. You can do this by writing to the organisation or filling in a subject access request form, if they have one.
3. Provide identification: The organisation will need to verify your identity before they can provide you with a copy of your personal data. They may ask for a copy of your passport, driving license, or other form of identification.
4. Wait for a response: The organisation has 30 days to respond to your subject access request. They may ask for more information or clarification if they need it.
5. Receive your personal data: Once the organisation has verified your identity and processed your request, they will provide you with a copy of your personal data. This may be in electronic or paper form, depending on how the organisation stores your data.
6. Review your personal data: Once you have received your personal data, you should review it to ensure that it is accurate and up-to-date. If you find any errors or inaccuracies, you can request that the organisation corrects them.

Make a data protection complaint to an organisation

You can complain to an organisation about how it is handling yours or other people’s information; if it:

• has not properly responded to your request for your personal information;
• is not keeping information secure;
• holds inaccurate information about you;
• has disclosed information about you;
• is keeping information about you for longer than is necessary;
• has collected information for one reason and is using it for something else; or
• has not upheld any of your data protection rights.

How to make a data protection complaint to an organisation ICO

To make a complaint you must follow the steps below:

1. Complain directly to the organisation involved
2. Give the organisation one month to respond to your complaint or request.
3. Ask the organisation involved for clarification if you don’t understand or you’re unhappy with their response.
4. Complain to the ICO

If you have followed these steps or the organisation is refusing to respond to you, you can complain to the ICO.

Before you submit a complaint about an organisation you should read about what to expect from the ICO.

In conclusion, the Data Protection Act 2018 is a crucial piece of legislation that sets out the rules and regulations governing data protection in the UK. The DPA incorporates the GDPR into UK law, which means that organisations in the UK must comply with both the DPA and the GDPR.

One of the key rights that individuals have under the DPA and the GDPR is the right to access their personal data. To make a subject access request, individuals should follow the steps outlined above. By following the rules and regulations set out in the DPA and the GDPR, organisations can ensure that they protect the personal data of their customers, employees, and stakeholders.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

A kangaroo court is a term used to describe a judicial or quasi-judicial proceeding that lacks fairness, impartiality, or due process. It refers to a court that operates outside the boundaries of established legal principles and often serves the interests of those in power rather than providing justice.

Lord Reed observed during the hearing that a judgment which results from an unfair trial is written in water.

Serafin v Malkiewicz and others [2020] UKSC 23

The term kangaroo court implies a mockery of justice, where the outcome of the trial or hearing is predetermined, and the rights of the accused are disregarded.

These types of courts are typically characterized by biased judges or decision-makers, a lack of proper legal representation, limited access to evidence or witnesses, and a general absence of procedural fairness.

The name kangaroo court originates from the concept of a kangaroo’s pouch, which symbolizes a place where things are hidden or secret. The term suggests that these courts are secretive and operate without transparency, potentially manipulating proceedings to achieve a desired outcome.

Kangaroo courts can be found in various settings, including authoritarian regimes, corrupt organisations, or even informal gatherings where individuals take it upon themselves to administer a form of justice without proper legal authority or expertise.

It’s important to note that a kangaroo court should not be confused with a legitimate court that may make controversial or unpopular decisions.

A true court of law, although subject to scrutiny, operates within established legal frameworks and respects the principles of fairness and due process.

Is the House of Commons Committee of Privileges a Kangaroo Court ?

Sue Gray published an interim report INVESTIGATION INTO ALLEGED GATHERINGS ON GOVERNMENT PREMISES DURING COVID RESTRICTIONS – UPDATE on the 31st January 2022.

A Privilege Motion Parliamentary Debate on Partygate was held on the 21st April 2022.

This final Sue Gray Report FINDINGS OF SECOND PERMANENT SECRETARYS INVESTIGATION INTO ALLEGED GATHERINGS ON GOVERNMENT PREMISES DURING COVID RESTRICTIONS was published on the 25th May 2022.

On the 15th June 2023 the House of Commons Committee of Privileges published the Final Report Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson) in relation to the behaviour of the former Prime Minister Boris Johnson and Partygate.

Boris Johnson has stated that he believed the House of Commons Committee of Privileges to be a “witch hunt” or “kangaroo” court.

At the end of the session, Sir Charles and Mr Costa asked me a series of questions regarding comments that have been made about the Committee’s work being a “witch hunt” or a “kangaroo court”. Having reviewed the transcript, I am concerned that, at the end of what had been a long hearing, I was not emphatic enough in the answers that I provided. As I hope I made clear in those answers, I have the utmost respect for the integrity of the Committee and all its Members and the work that it is doing.

Their purpose from the beginning has been to find me guilty, regardless of the facts. This is the very definition of a kangaroo court.

Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report

The House of Commons Committee of Privileges report summary concluded :-

In light of Mr Johnson’s conduct in committing a further contempt on 9 June 2023, the Committee 7 Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report now considers that if Mr Johnson were still a Member he should be suspended from the service of the House for 90 days for repeated contempts and for seeking to undermine the parliamentary process, by:

a) Deliberately misleading the House

b) Deliberately misleading the Committee

c) Breaching confidence

d) Impugning the Committee and thereby undermining the democratic process of the House

e) Being complicit in the campaign of abuse and attempted intimidation of the Committee.

We recommend that he should not be entitled to a former Member’s pass.

Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report

Boris Johnson was found by the Sue Gray report to have broken his own rules during the global Covid pandemic by holding and attending “parties”.

It is now many months since people started to warn me about the intentions of the Privileges Committee. They told me that it was a kangaroo court. 

The police investigated my role at all of those events. In no case did they find that what I had done was unlawful.

Why would we have had an official photographer if we believed we were breaking the law?

Boris Johnson’s Response to the Privileges Committee Report 15th June 2023

The Prime Minister sets the standard for all other Ministers of the Crown in how they account to the House of Commons.

Boris may well have been right when he said it was a witch hunt and kangaroo court, because there were people gunning for him over the proroguing of parliament and him removing the whip from 21 MPs that voted against the government before the 2019 general election.

There were scores being settled – but it is his own fault because of the way he constantly broke rules and lied. Then there is his honours list fiasco – knighting his Dad and all his other cronies. One rule for him and all his mates and another for everyone else.

The Rule of Law applies to everyone and especially public servants.

Open justice is a fundamental principle of the United Kingdom’s legal system which means that Justice should not only be done, but should manifestly and undoubtedly be seen to be done.

Should Boris Johnson be prosecuted for Misconduct in Public Office in a proper court?

This offence carries a maximum sentence of life imprisonment and is considered to be one of the most serious offences that a public official can commit.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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The United Kingdom’s Ministry of Justice is responsible for the country’s justice system, ensuring that it is fair, transparent, and accessible to all.

The Lord Chancellor, The Right Honourable Shabana Mahmood KC MP, heads the Ministry of Justice as the Secretary of State for Justice.

The Ministry of Justice role encompasses a wide range of responsibilities, including the provision of legal services, the management of the court system, and the oversight of the country’s prisons and probation services.

The Ministry of Justice is not responsible for the regulation of the legal profession in England and Wales. This function is carried out by the independent regulatory bodies, such as the Solicitors Regulation Authority and the Bar Standards Board

The history of the Ministry of Justice can be traced back to the Magna Carta

The Magna Carta, also known as the Great Charter, is one of the most important legal documents in history. It was originally issued by King John of England in 1215, in response to the demands of rebellious barons who sought to limit the power of the monarch.

The Magna Carta established the principle that everyone, including the king, is subject to the law, and it protected basic rights such as the right to a fair trial and the right to due process.

Over time, the Magna Carta was revised and reissued by various kings, and it became a symbol of individual liberty and the rule of law. The version of the Magna Carta that is most commonly referenced today is the one issued by King Edward I in 1297.

Of the original 63 clauses in the Magna Carta, only four have survived into modern law. These are clauses 1, 13, 39, and 40.

Clause 1 establishes the principle that the English Church is free from interference by the king. It states that “the Church of England shall be free, and shall have its rights undiminished, and its liberties unimpaired.”

Clause 13 provides for the seizure of property by the king only if it is done in accordance with the law. It states that “No man shall be taken or imprisoned, or disseised of his freehold, or liberties, or free customs, or outlawed, or exiled, or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”

Clause 39 establishes the principle of due process, stating that “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.”

Finally, Clause 40 establishes the right to a fair trial, stating that “To no one will we sell, to no one will we deny or delay, right or justice.”

Together, these surviving clauses represent the enduring legacy of the Magna Carta, and they continue to influence modern legal systems around the world.

In the Crime, Justice and Law section of the gov.uk website, the government regularly publish justice information and statistics as part of the Justice System Transparency

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

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Stalking and harassment is when someone repeatedly behaves in a way that makes you feel scared, distressed or threatened. Stalking and harassment is a criminal offence.

There are different types of stalking and harassment and anyone can be a victim. Stalking and harassment are offences under the Protection from Harassment Act 1997.

You may be interested in our article What is Harassment and R v O’Neill [2016] EWCA Crim 92, [2016] from the Court of Appeal.

There is no legal definition of cyberstalking but it is recognised as being different from harassment as it involves fixated and obsessive behaviour. This maybe to gather information, monitor or discredit the victim.

Social Media and other Electronic Communications – Crown Prosecution Service

Harassment

Someone you know could be harassing you, like a neighbour, or people from your local area or it could be a stranger.

Harassment may include:

• bullying at school or in the workplace
• cyber stalking (using the internet to harass someone)
• antisocial behaviour
• sending abusive text messages
• sending unwanted gifts
• unwanted phone calls, letters, emails or visits

It’s harassment if the unwanted behaviour has happened more than once.

What is stalking and harassment? Police UK

Sexual harassment

Sexual harassment is unlawful, as a form of discrimination, under the Equality Act 2010.

Some of these are also forms of sexual or indecent assault.

The Act says it’s sexual harassment if the unwanted behaviour:

• violates your dignity
• creates an intimidating, hostile, degrading, humiliating or offensive environment (this includes the digital environment, online)

Some examples of sexual harassment would include:

• sexual comments, jokes or gestures
• staring or leering at your body
• using names like ’slut’ or ‘whore’
• unwanted sexual communications, like emails, texts, DMs
• sharing sexual photos or videos
• groping and touching
• someone exposing themselves
• pressuring you to do sexual things or offering you something in exchange for sex

What is stalking and harassment ? – Police UK

Stalking

Stalking is like harassment, but it’s more aggressive. The stalker will have an obsession with the person they’re targeting.

Stalking may include:

• regularly following someone
• repeatedly going uninvited to their home
• checking someone’s internet use, email or other electronic communication
• hanging around somewhere they know the person often visits
• interfering with their property
• watching or spying on someone
• identity theft (signing-up to services, buying things in someone’s name)

It’s stalking if the unwanted behaviour has happened more than once.

What is stalking and harassment ? – Police UK

Online stalking and harassment

Social networking sites, chat rooms, gaming sites and other forums are often used to stalk and harass someone, for example:-

• to get personal information
• to communicate (calls, texts, emails, social media, creating fake accounts)  
• damaging the reputation
• spamming and sending viruses 
• tricking other internet users into harassing or threatening
• identity theft 
• threats to share private information, photographs, copies of messages

What is stalking and harassment ? – Police UK

Stalking or Harassment Crown Prosecution Service (CPS)

The CPS publish prosecution guidance to assist prosecutors with the general principles to be applied when making decisions about prosecutions involving stalking or harassment. It provides guidance on:-

• the importance of focusing on whether conduct experienced by the victim in its entirety amounts to stalking or harassment, whether the police have investigated those or other individual offences
• selecting appropriate charges, in order to apply the Code for Crown Prosecutors where there is an overlap between stalking, harassment and/or controlling or coercive behaviour
• acceptance of pleas
• the prosecutor’s role in supporting the victim

Stalking or harassment offences can be found in sections 2, 2A, 4 and 4A of the Protection from Harassment Act 1997 (PHA 1997) and section 42A (1) Criminal Justice and Police Act 2001. There are racially and religiously aggravated forms of the PHA offences: see sections 28 and 32 Crime and Disorder Act 1998 and the Racist and Religious Hate Crime prosecution guidance.

Stalking or Harassment – Crown Prosecution Service (CPS)

Report Stalking and Harassment

You should contact the police if you’re being stalked or suffering harassment. Call 999 if you or someone else is in immediate danger of stalking and harassment.

What is the maximum sentence for harassment or stalking ?

Parliament sets the maximum (and sometimes minimum) penalty for any offence. When deciding the appropriate sentence, the court must follow any relevant sentencing guidelines, unless it is not in the interests of justice to do so.

If the offence is harassment or stalking:

• the maximum sentence is six months’ custody
• if racially or religiously aggravated, the maximum sentence is two years’ custody

If the offence is harassment (putting people in fear of violence) or stalking (involving fear of violence or serious alarm or distress):

• the maximum sentence is 10 years’ custody
• if racially or religiously aggravated, the maximum sentence is 14 years’ custody

Harassment and stalking – Sentencing Council

False Allegations of Stalking and Harassment

If false allegations of stalking and harassment are made to the Police, then this can also classed be as a criminal offence.

The offence of wasting police time is committed when a person causes any wasteful employment of the police. Wasting Police Time – section 5(2) of the Criminal Law Act 1967.

If you are caught wasting police time you could be jailed for up to six months and/or fined. Instead of taking you to court, the police might issue you with a fixed penalty notice under the Criminal Justice and Police Act 2001 (CJPA 2001).

Check out our articles on National Stalking Awareness, Policing by Consent, Police Impartiality, Two Tiered Policing, What is a Police and Crime Commissioner ?, Sussex Police, Policing, Police News, Thought Police, Wasting Police Time, Police Community Support Officers (PCSO), Met Police, Chief Constable Jo Shiner, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

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