Data Protection Act

[topfield]

Hi

Have currently started an investigation to discover if one can obtain full information and ones file regarding visa applications from the Embassy visa section.

Under the Data Protection Act (DPA) all private information has to be handed over by public bodies on request including files, notes taken by the ECO and memos between the staff etc etc

Some public bodies are however exempted.

Anyone , Scouser in particular, know where the Embassy stands with regard to the DPA

[the scouser]

I'm not 100% sure, but I see no reason in principle why individuals can't request their records under the DPA. Certainly, the staff are advised to not write any injudicious comments on files, as they are liable to disclosure in court.

Perhaps write to UK Visas policy section seeking clarification, and then write directly to the post concerned to actually obtain the details.

Scouse.

[topfield]

I'm not 100% sure, but I see no reason in principle why individuals can't request their records under the DPA. Certainly, the staff are advised to not write any injudicious comments on files, as they are liable to disclosure in court.

Perhaps write to UK Visas policy section seeking clarification, and then write directly to the post concerned to actually obtain the details.

Scouse.

Thanks for that.

If no exemption from the DPA for the FCO, then the Embassy will have to provide an applicant with ALL files , communications , private memos and correspondence in relation to the visa application.

Could be very embarrasing for the Embassy as unlikely they have ever been asked to hand over their private files before. In cases where the private documentation handed over shows there has been an unjustified refusal, the Embassy will have a lot to answer for .

The Data Commisdsioner has already been approached and will keep this thread open to provide updates as others might wish to exercise similar rights if they feel a refusal was wholly unreasonable.

[the scouser]

Here you go, Toppers - Foreign Office and the Data Protection Act.

Scouse.

[topfield]

Hi

Have currently started an investigation to discover if one can obtain full information and ones file regarding visa applications from the Embassy visa section.

Under the Data Protection Act (DPA) all private information has to be handed over by public bodies on request including files, notes taken by the ECO and memos between the staff etc etc

Some public bodies are however exempted.

Anyone , Scouser in particular, know where the Embassy stands with regard to the DPA

Many thanks for that, Scouse

Seems the Embassy will have no more secrets as they have to disclose every single scrap of information they have on their files concerning the Applicant including even emails and confidential notes passing between the ECO'S and the ECM.

[A colleague recently obtained emails from the Open University in which the Chancellor wrote to a Senior Course Administrator to say that the colleague in question was a trouble maker but that if he sued he would win as the OU case was extremely weak ! ]

Will keep readers informed of progress. The Embassy (through the FCO) will have 40 days to produce copies of EVERYTHING related to the application and its refusal .

This MIGHT in future be the way forward for many genuinely aggrieved applicants unreasonably refused a visa and be quicker than an Appeal to the Adjudicator

[thaihome]

Correct me if I'm wrong, but wouldn't everything in the file be what you sent them? Do you realy think they waste time sending e-mails on if they should grant a visa?

Please let us know what you find.

tH

[topfield]

Correct me if I'm wrong, but wouldn't everything in the file be what you sent them? Do you realy think they waste time sending e-mails on if they should grant a visa?

Please let us know what you find.

tH

Hi THAIHOME,...let me answer your question which is quite understandable.

The Embassy has 40 days to reply and produce everything in connection with the case.

This case concerns a totally unjustiable refusal of a EU Family Permit.

The ECO gave no reason for refusing this ...the only new Family Permit application refused at the Embassy in 5 years ( these should be given automatically under European law.). Reasons for a refusal are ALWAYS given on a refusal notice but not in this case. The ECO refused point blank to give her reasons for the refusal when the husband who was not even interviewed , asked !

Then it was discovered by accident (as this ECO had completely changed her signature on the refusal notice in the second case) that the VERY same ECO three years previously had refused to reissue a Family Permit in a different case where a husband wanting to rid himself of his wife, had torn up the wife's Family Permit.. The wife appealed and the Court ruled that the ECO had acted wrongfully and not in accordance with the law.

We have strong grounds to believe this ECO refused the Family Permit in this subsequent case out of pique and revenge for the severe bollocking given to her three years earlier by the Adjudicator.

The production of the documentation should clear up this matter one way or other if the complaint to the European Commission does not find against this ECO first.

[the scouser]

Thread tidied up.

Please keep the topic on the straight and narrow, folks.

Scouse.

[Mossfinn]

have to disclose every single scrap of information they have on their files

Forgive me for being a cynic, but if someone has written injudicious notes, against advice I admit, what is stopping them or a colleague from either doctoring or accidentally mislaying, the afore said injudicious comment/s.

Are they sealed after each use?

Just a thought

Good Luck

Moss

[the scouser]

Essentially nothing, but if it were to be subsequently established that a part of the official record had been destroyed, the individual concerned would be up the creek without a paddle, where losing their job is the least of their worries.

Scouse.

[topfield]

Dear Scouse,

Herewith the follow up of the Cyprus couple’s Family Permit refusal previously mentioned some months back., The FCO has now produced documentation requested under the Data Protection Act..

If you remember no explanation was given as to why the couple’s marriage was considered to be one of convenience with only vague remarks weeks later that ‘the only evidence of the marriage was the marriage certificate’ and that ‘no independent evidence of cohabitation was provided ‘( nor indeed was any requested at the interview or on the pending notice )

The bundle received was a real shocker ! Only copies of documents already submitted by the couple and to and from the Embassy. !

The couple have therefore requested a transcript of the interview that astonishingly was never sent and all faxes emails memos notes and other correspondence concerning the couple which passed between the Embassy and UK Visas , the British Embassy Bangkok and the British High Commission in Cyprus that issued the Permit and UK Solvit.

Also everything that passed between the ECO and her ECM. None of the above mentioned was provided despite the earlier request..

In the meanwhile the EU Commission in Brussels have taken up the case and if satisfied there was a breach of EU law will be taking action against the UK government.

Will be posting the results.

[Ollie]

Dear Scouse,

Herewith the follow up of the Cyprus couple’s Family Permit refusal previously mentioned some months back., The FCO has now produced documentation requested under the Data Protection Act..

If you remember no explanation was given as to why the couple’s marriage was considered to be one of convenience with only vague remarks weeks later that ‘the only evidence of the marriage was the marriage certificate’ and that ‘no independent evidence of cohabitation was provided ‘( nor indeed was any requested at the interview or on the pending notice )

The bundle received was a real shocker ! Only copies of documents already submitted by the couple and to and from the Embassy. !

The couple have therefore requested a transcript of the interview that astonishingly was never sent and all faxes emails memos notes and other correspondence concerning the couple which passed between the Embassy and UK Visas , the British Embassy Bangkok and the British High Commission in Cyprus that issued the Permit and UK Solvit.

Also everything that passed between the ECO and her ECM. None of the above mentioned was provided despite the earlier request..

In the meanwhile the EU Commission in Brussels have taken up the case and if satisfied there was a breach of EU law will be taking action against the UK government.

Will be posting the results.

Topfield,

This is a genuine question and I have no desire to get into a slanging match about this, but have you asked for all the information you require via the DP Act?

What exemptions do the various bodies you mention have? Has the whole process been completed? Would releasing the data now have an impact on decicions if the case is still ongoing?

In my line of work, there are several exemptions and I have had a few run in's with the information commissioners and usually they have backed down.

Edited as I had to put the thinking cap on. not easy when life is getting blurry after a few beers and a bottle of wine!!

Edited March 10, 2007 by Ollie

[topfield]

Dear Scouse,

Herewith the follow up of the Cyprus couple’s Family Permit refusal previously mentioned some months back., The FCO has now produced documentation requested under the Data Protection Act..

If you remember no explanation was given as to why the couple’s marriage was considered to be one of convenience with only vague remarks weeks later that ‘the only evidence of the marriage was the marriage certificate’ and that ‘no independent evidence of cohabitation was provided ‘( nor indeed was any requested at the interview or on the pending notice )

The bundle received was a real shocker ! Only copies of documents already submitted by the couple and to and from the Embassy. !

The couple have therefore requested a transcript of the interview that astonishingly was never sent and all faxes emails memos notes and other correspondence concerning the couple which passed between the Embassy and UK Visas , the British Embassy Bangkok and the British High Commission in Cyprus that issued the Permit and UK Solvit.

Also everything that passed between the ECO and her ECM. None of the above mentioned was provided despite the earlier request..

In the meanwhile the EU Commission in Brussels have taken up the case and if satisfied there was a breach of EU law will be taking action against the UK government.

Will be posting the results.

Topfield,

This is a genuine question and I have no desire to get into a slanging match about this, but have you asked for all the information you require via the DP Act?

What exemptions do the various bodies you mention have? Has the whole process been completed? Would releasing the data now have an impact on decicions if the case is still ongoing?

In my line of work, there are several exemptions and I have had a few run in's with the information commissioners and usually they have backed down.

Edited as I had to put the thinking cap on. not easy when life is getting blurry after a few beers and a bottle of wine!!

Thanks for your interest in the case.

Was just providing an update and hopefully will get some answers in the next 40 days re exemptions to the obligation on the Embassy to provide the info requested.

In fact not a single document was received which we did not already have , which in my view makes a mockery of the whole system.

Not yet reached the stage of complaining to the Information Commissioners as first one has to raise the issue with the FCO and only if not satisfied can the matter be taken higher. Will keep you all posted.