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request for informatio under freedom of informatio

  • 22-07-2018 08:38AM
    #1
    Registered Users, Registered Users 2 Posts: 446 ✭✭


    Does anyone know what is the position when a legitimate request for information is not acknowledged by a previous employer? The request was made correctly and with good grounds. Would appreciate any advice.


Comments

  • Registered Users, Registered Users 2 Posts: 414 ✭✭IsaacWunder


    Freedom of information only applies to government and public bodies.

    You need to make a data access request if you’re looking for personal data from your employer.


  • Registered Users, Registered Users 2 Posts: 446 ✭✭Garibaldi?


    Sorry. I used the wrong term. Data access on the official form was requested.


  • Registered Users, Registered Users 2 Posts: 964 ✭✭✭Triangle


    Garibaldi? wrote: »
    Sorry. I used the wrong term. Data access on the official form was requested.

    If you followed the procedure on the data protection commissioners website, the next step is to contact them (data protection office) they will follow it up for you.

    The whole process is on their website. (dataprotection.ie)

    They have one month to reply to your request (two in some situations)
    This is taken from the website.

    What if an organisation fails to respond to my access request?
    If an organisation does not comply with a valid access request that you have made, it is open to you to make a complaint to the DPC. Before doing so it is recommended that you contact the organisation in question to establish the circumstances and to indicate your intention to complain to this Office. The organisation may be in a position to correct the problem there and then. Our experience is that contacting the organisation again directly in relation to your access request can often result in the matter being resolved.

    If, having contacted the organisation directly, you are not satisfied with its response, or if you do not receive a response, at that point you may wish to raise a concern with this Office. The webform for contacting us to raise a concern is here

    For more information about your rights to information and access under the GDPR, please see the following link: http://gdprandyou.ie/gdpr-for-individuals


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Garibaldi? wrote: »
    Does anyone know what is the position when a legitimate request for information is not acknowledged by a previous employer? The request was made correctly and with good grounds. Would appreciate any advice.

    Has the 20 working day limit for responding expired yet?


  • Registered Users, Registered Users 2 Posts: 446 ✭✭Garibaldi?


    Seven months have elapsed. No reply was received. My union sent an email to the employer asking for details of what information was held about me. I received a copy of this email also, in order that I could consent to it being sent to the employer. It was clear and unambiguous in its content I was informed that it had been sent. I consented. The email which I received has a lengthy privacy and confidentiality clause appended to it so I did not refer to it when I made my own request. I heard nothing whatsoever about it since. The union involvement was based on solid facts and documentation but I am proceeding carefully because of that privacy clause.


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  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    I see, I had thought you had submitted since the GDPR came into effect. I didn’t realise that this had been submitted prior to the GDPR. Data Protection Commission next I think.


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