SUBJECT ACCESSS REQUEST - A YEAR OVERDUE !!!!

[William Blake]

Hi All,

In August 2008 I made a subject access request and the data protection unit wrote back to me saying my request was being dealt with. Because I was having immigration problems I devoted my efforts to rectifying these problems. I did however notice that the data I requested was not forthcoming. On 6 June of this year when things calmed down somewhat I got the chance to write to the data protection unit - via special delivery - accordingly and asked about my request - I have had no reply. Some days ago I called the unit and the lady said that my signature on the letter I originally sent in requesting my data did not match the signature they had on record. She said as a result they had written to me in November 2008 through my solicitors informing me of this and again on 19 June 2009 they wrote to me cancelling my request again through my solicitors but my solicitor says he had not received any such correspondences other than the first acknowledgment letter.

I find this quite infuriating. In effect it has taken over a year to get a subject access request and it seems that unless I chase them I won't get the data. But I would have thought that getting the data would be simple and that it would have been more than sufficient to write a letter enclose the fee and ask for the data. I also never gave anyone any signature and said this was the signature by which you must compare my other signatures. I am still also unclear as to the status of the fee I sent as a cheque. And so the process of requesting the data has become quite time consuming this in particular makes me angry as I keep having to return to what should be a simple matter. I don't believe I should only get the data subject to me constantly monitoring them - they are meant to deal with my request irrespective. I am so annoyed its like everything is difficult with the Home Office and I am mostly upset that it is over a year now. The lady on the phone has also said that I should now send them a copy of my passport and request the data again. I never read anything about signature verifiaction in the information they provide regarding how to go about making a subject access request nor anything about needing my passport. I have some questions if you could please help me:

1) My most important question is this: I want to take the matter to the data protection officer and have the penalty fine imposed on the data protection unit for not providing me with the information within the statutory time frame. I find it hard to accept their explanation and do not accept that my subject access request can only proceed on the basis of them receiving a copy of my passport. Do I have a reasonable basis for doing so ie asking the data officer to look into it ? I don't see the signature verififcation argument as acceptable at all - and just the sheer time I am putting into trying to get the data is deeply upsetting. The information as to how to go about making a subject access request does not mention any such things as signature verification so does the unit have a good argument in their defence? I believe my request met all the requirements and there is no valid excuse for not getting me the data. The signature verifiation argument; I wonder about the signature verification process what is that - is that someone just some looking at the signatures and claiming hey look different. I can't see that as a basis for not giving me the data. I mean I have made so many applications to Home office so the signatures may very well appear different so which is the right one? how can they possibly state this? I see no basis for claiming my signature is invalid.

2) My request was cancelled on the 19th after my letter of the 6th making enquires as to the staus of my subject request. Since my letter preceded
the date of cancellation did they have any right to cancel my request?



Also if you think I should take the matter to the data officer can you provide me with some arguments I can make. Also if I write to them agaian it will be the same signature.