Clarification on data protection law concerning victims 'right to know'.

Supervisor Europeo de Protección de Datos ha contestado y dice que tienes que remitir tu solicitud a otra institución.

Dear European Data Protection Supervisor,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Information from the UK FCO relating to whether or not it has assisted 'offenders' (as the Swiss Federal Police describe them) in my whistleblowing case in Switzerland, as well as any personal data held on the files of other British citizens regarding crimes committed against me - regardless of whether these British citizens have faced proportionate consequences for their actions and decisions or not.

I have also requested that the UK FCO informs me whether it holds data relating to 32 questions I have raised - in compliance with data protection law.

I feel that it is 'reasonable' to have access to my personal data held on the dossiers of other British citizens that might enable me to achieve fair remedy in a case which has involved at least thirty-five infractions against my family, including numerous crimes and a defamation by the husband of a senior Swiss politician in false defence of a 'prominent' British citizen who Swiss lawyers contend has flouted at least article 254 of the Swiss Criminal Code.

The UK FCO now also contends that it has 'destroyed' all my data and I would appreciate clarification on whether or not the UK FCO has the legal right to destroy my personal data, especially if this might be obstructing my justice.

Yours faithfully,

Susan Britton

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

4 Adjuntos

Dear Ms Britton,

 

We acknowledge the receipt of your request which was registered on 20
February 2019. In accordance with Article 7(1) of Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and
Commission documents, you will receive a reply within 15 working days (by
13 March 2019).

 

Your case has been registered with case number 2019-0199.

 

Please note that your personal data will only be processed for the
purposes of replying to your request and in accordance with the data
protection statement set out below. You can find the full version of our
data protection notice on access to documents requests on our [1]website.

 

You have lodged your application via the AskEU.org website. Please note
that this is a private website, which has no link with any institution of
the European Union. The European Data Protection Supervisor is not
accountable for any technical issues or problems linked to the use of this
system.

 

Yours sincerely,

 

[2]cid:image001.png@01D08819.F93340B0 EDPS Secretariat

Tel.
+32
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283
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Fax
+32
2
283
19
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[3]Description: Description:
Email[4][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 Brussels

[5]Description: [7]Description: Description:
Description: Website[8]www.edps.europa.eu
Twitter[6]@EU_EDPS

 

This email
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Personal Data Protection Statement

According to Articles 15 and 16 of Regulation (EU) 2018/1725 on the
protection of natural persons with regard to the processing of personal
data by the Union institutions, bodies, offices and agencies and on the
free movement of such data, please be aware that your personal data will
be processed by the EDPS, where proportionate and necessary, for the
purpose of answering your request. The legal base for this processing
operation is Regulation (EC) 1049/2001 and Recital 5 of Decision
1247/2002/EC of the European Parliament, of the Council and of the
Commission. Subject to applicable rules under EU legislation, the personal
data relating to you, as provided in your request, are used solely for the
purpose of replying to your request. EDPS staff members dealing with the
request will have access to the case file containing your personal data on
a need-to-know basis. Your personal data are not disclosed outside the
EDPS. Your personal data will be stored electronically for a maximum of
ten years after the closure of the case, or as long as the EDPS is under a
legal obligation to do so. You have the right to access your personal data
held by the EDPS and to obtain the rectification thereof, if necessary.
Any such request should be addressed to the EDPS at
[9][EDPS request email]. You may contact the data protection officer of the
EDPS ([10][email address]), if you have any remarks or complaints
regarding the way we process your personal data.

 

References

Visible links
1. https://edps.europa.eu/sites/edp/files/p...
4. mailto:[EDPS request email]
6. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
8. http://www.edps.europa.eu/
http://www.edps.europa.eu/
9. mailto:[EDPS request email]
10. mailto:[email address]

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

5 Adjuntos

Dear Madam,

                                                                                                      

Please find here attached a scanned version of a letter sent to you only
by e-mail.

 

Best regards,

 

[1]cid:image001.png@01D08819.F93340B0 EDPS Secretariat

Tel.
+32
2
283
19
00
|
Fax
+32
2
283
19
50

 

[2]Description: Description:
Email[3][EDPS request email]

European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1040 Brussels

[4]Description: [6]Description: Description:
Description: Website[7]www.edps.europa.eu
Twitter[5]@EU_EDPS

 

This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

References

Visible links
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/

Dear European Data Protection Supervisor,

Thank you for your response.

I wonder if you could advise about how I escalate my complaints about the UK ICO to the European Data Protection Supervisor?

Even though I am the victim of numerous crimes, including by British perpetrators, the UK ICO is not responding to my questions about whether or not it is 'reasonable' for the FCO to provide me with my personal data held in the files of other British citizens - even if it might help me achieve fair remedy.

The ICO has confirmed that the FCO is in breach of statutory timelines for providing data, but is apparently not insisting that the FCO clarifies whether it holds data on 32 questions I have asked to help frame my SAR.

The FCO has now written to say that it has unilaterally destroyed all my data, and I am wondering if this is even legal? The FCO and ICO have failed to clarify this point.

I would like to complain to the EU Data protection supervisor about the UK ICO as I feel that it is not insisting on compliance by the FCO with EU data protection law. I also feel that this may be obstructing my justice as the British victim of numerous crimes abroad.

Please don't hesitate to let me know if your require my evidence, which is thorough, abundant and meticulously organised.

Yours sincerely,

SUSAN BRITTON

European Data Protection Supervisor, Supervisor Europeo de Protección de Datos

3 Adjuntos

Dear Ms Britton,

 

We are writing in response to your request submitted to the European Data
Protection Supervisor (EDPS) on 16 March 2019 through the AskEU.org
website.

 

Please be advised that the EDPS is the independent authority of the
European Union (EU) that deals with the supervision of the processing of
personal data done by EU institutions and bodies^1. In this sense, our
tasks are similar to the tasks of national data protection authorities in
the EU Member States, but apply only to the level of the European Union
and its institutions^2.

 

We have analysed the matter raised in your message, and it appears that
your request does not relate to a processing of personal data done by EU
institutions or bodies. Our competence, therefore, does not directly
relate to the substance of your request.

 

Additionally, please note that the EDPS is not competent to supervise the
work of national Data Protection Authorities or the National Regulatory
Authorities of Member States. Please let us also mention that we are not
able to act as "lead" DPA in the context of activities that are within the
competence of national authorities.

 

Should you feel that the UK has failed to comply with the EU Data
Protection legislation, you can complain to the European Commission. In
fact, it is the European Commission that ensures that EU legislation is
applied correctly by the EU Member States. Any person or business may
lodge a complaint to the European Commission about an alleged violation of
European law by an EU Member State. Please find more information here:

[1]http://ec.europa.eu/atwork/applying-eu-l....

 

We hope this information is useful.

 

Yours sincerely,

 

 

  EDPS Secretariat

[2]| Tel. (+32) 228 31900  |
Fax +32(0)22831950  | ›  
Email  [3][EDPS request email]
European Data Protection Supervisor
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000
Brussels
[4]Twitter [5]@EU_EDPS  
[6]Website [7]www.edps.europa.eu

This email
(and any
attachment)
may contain
information
that is
internal or
confidential.
Unauthorised
access, use or
other
processing is
not permitted.
If you are not
the intended
recipient
please inform
the sender by
reply and then
delete all
copies. Emails
are not secure
as they can be
intercepted,
amended, and
infected with
viruses. The
EDPS therefore
cannot
guarantee the
security of
correspondence
by email.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

^1 According to Regulation (EU) 2018/1725 (see
[8]https://eur-lex.europa.eu/legal-content/...)
‘...The European Data Protection Supervisor shall monitor the application
of the provisions of this Regulation to all processing operations carried
out by a Union institution or body.’ (see Article 1(3), and
[9]http://europa.eu/about-eu/institutions-b... for a full
list of the Union institutions and bodies).

^2 For example, like national data protection authorities we also provide
advice to the legislator on new legislative proposals and on initiatives
having an impact on data protection and privacy.

 

Please consult our [10]data protection notice.

 

 

 

 

 

 

References

Visible links
1. http://ec.europa.eu/atwork/applying-eu-l...
2. file:///tmp/tel:+3222831900
3. mailto:[EDPS request email]
5. http://twitter.com/EU_EDPS
http://twitter.com/EU_EDPS
7. http://www.edps.europa.eu/
http://www.edps.europa.eu/
8. https://eur-lex.europa.eu/legal-content/...
9. blocked::http://europa.eu/about-eu/institutions-b...
http://europa.eu/about-eu/institutions-b...
10. https://edps.europa.eu/sites/edp/files/p...