The letter below was authored and sent (email and post) last Saturday 11th November 2017 by Paul Davies.
Paul Davies was until the CLP’s suspension the democratically elected co-Vice Chair of Wallasey Constituency Labour Party. He has also been personally suspended from the Labour Party for the last eight months.
The letter is a response to Labour’s failure to act correctly upon and respond lawfully to a Subject Access Request for specific Personal Data. This was placed with them by Paul Davies in February 2017 under the terms of the Data Protection Act 1998.
Every UK citizen – as a “data subject” – has a statutory right under the Data Protection Act to request the personal data that an organisation holds on them. The Labour Party, as a data controller under the Act, has a statutory duty to provide all the relevant, requested information under these terms. It is an offence to withhold requested information without quoting an ‘exemption’ or without lawful justification.
In the Paul Davies case, there appears to be grave cause for concern. Despite the data controller’s prominence in the areas of national and local politics, its assumed competence and its access to high-level legal and professional advice, there appear (initially) to be EIGHT serious and substantial omissions;
i.e. information specified and requested, but not being supplied in any form – and not being supplied in accordance with the requirement of a “timely disclosure”, within a period of 40 days.
The data controller’s response seems to have breached the law, not only through multiple omissions but for taking 9 months to fulfil.
The letter is addressed to Iain McNicol, the incumbent General Secretary.
Link to the Paul Davies letter
Mr Iain McNicol
General Secretary
Labour Party Head Office
Southside
105 Victoria Street
London
SW1E 6QT
11.11.2017
Dear Mr McNicol
Application for information under section 7 Data Protection Act
Thank you for the unsigned letter dated 01/11/17 from the Governance and Legal Team which is in response to my Subject Access Request following the instruction to you from the ICO. You had failed to respond to my original Application dated 10.2.2017
Unfortunately the data you have provided is incomplete. I reserve the right to raise further omissions I am aware of with you in the future but of immediate concern are the following omissions:
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There is a copy of an undated e mail (or possibly letter) Subject Wallasey Investigation which I presume was sent by [redacted] of Wallasey CLP although [the] name has been redacted. This alludes to an e mail I allegedly circulated to the whole Wallasey Membership. Do you have a copy of this alleged email as I have no knowledge of ever sending such an e mail?
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There is no data dated prior to 11th July 2016 provided even though there was a complaint about me (by a person or persons unknown) prior to this which is referred to in the documentation by e mails dated 19/07/16 subject FYI. On 23/2/16 (LP ref A414096) I was sent a letter by John Stolliday which he sent in response to a completely spurious complaint about me allegedly misusing Labour Party data. The correspondence between me and Mr Stolliday is not included in the bundle you sent me nor is there any documentation showing that he followed up my response nor is there a copy the letter he was sent by my Labour Party Branch officers refuting the allegation about my alleged misuse. This false allegation is referred to in the bundle email 19/7/16 but with no mention as to my disproving the allegation.
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There is a record of a second complaint (by a person or persons unnamed but known to me as they copied in the CLP Officers and various media reporters) dated 01/08/16 subject Wallasey Membership Usage and a copy of a redacted letter from the complainants and a letter to me from Katherine Buckingham dated 02/08/16. There is no documentation included regarding my full response to this allegation which was made to Katherine Buckingham by e mail on 05/08/16 along with evidence that I was in London at the time I was alleged to have been in Wallasey. There is no documentation in note, report or e mail form to indicate that she acted on my evidence in any way whatsoever .
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There is a record of the fact that I had a telephone interview 11/10/16 with Katherine Buckingham but there is no documentation in the bundle regarding the notes she took of that interview or any report or e mail that was circulated by her within the LP regarding that interview.
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On 25/1/17 I was interviewed at length by Sam Mathews. I also handed him a 19 page Statement. The Statement I submitted is not included in the bundle nor is his notes of the meeting nor any e mail or report he made internally regarding my interview and Statement.
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The bundle includes a letter sent by me to Iain McNichol on 24/10/16 but there is no documentation showing how he processed that letter within the Labour Party.
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In the bundle is a copy of the 100 page CLP Response to the Labour Party Investigation (co-authored by me) into Wallasey CLP but there is no documentation showing how this was dealt with once received either in note or e mail form.
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On 07/3/17 I was informed by e mail sent by Sam Mathews that I am suspended from Labour Party membership. A copy of this e mail is not included and, more importantly, there is no record by way of note, report or e mail to indicate how or why that decision to suspend was reached or who was notified of that decision within the Labour Party.
Utterly disgusting behaviour. How are these people allowed to break the law of the land I’d like to know. Well you have my support for what it’s worth. I do know that using Data Protection my hubs & I obtained a kind of justice after 20yrs of injustice. More people now know about DP. now. We didn’t at the time. These bullies live and have their being by expecting people NOT to know how to use DP. It’s time to educate folk to combat these NEC bullies.
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Well former Councillor Jim Crabtree convicted of threatening behaviour did refer to data protection in general as
“tosh”
But then he is a convicted bully.
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