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How to submit a Subject Access Request

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How to submit a Subject Access Request

Postby Anthony Treacher » Wed Sep 01, 2010 9:15 am

Your athletics club, association, or federation is a Data Controller. As an athlete you are its Data Subject. The data recorded about you is your personal data. These matters are regulated by the Data Protection Act 1998 (DPA). (Subject Access Requests and Information Requests to public authorities - some sports bodies are public authorities - are otherwise subject to the Freedom of Information Act 2000).

You are entitled to request your personal data held by your athletics club. Your personal data may include decisions, rulings, disciplinary proceedings concerning you of which you might otherwise be unaware. Such personal data may be contained in the formal minutes of athletics club committee meetings that have not been communicated to you.

To request such personal data you must submit a Subject Access Request to your athletics club. A Subject Access Request is a free format document that should contain the following:

Subject Access Request pursuant to Section 7, Data Protection Act 1998.

Data Controller: your athletics club, address, telephone number, e-mail etc.

Data subject: your name, with address, telephone number, e-mail etc

Purpose: supply this to show that your request is not vexatious.

Personal data requested: this may be personal data in records that you know to exist, or any personal data relating to you, preferably within a give time span.

Proof of identity: for instance copy of passport data.

Fee: minimum £10 for each item requested. As athletics clubs are volunteer-staffed organisations provide a generous payment.

Requested time for response: 40 calendar days.

Submit the Subject Access Request to your athletics club secretary by registered mail.

If your athletics club does not respond within 40 calendar days, or does not respond satisfactorily, then report the matter to the Information Commissioner’s Office (ICO).
Anthony Treacher
 
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Re: How to submit a Subject Access Request

Postby d pickup » Thu Dec 23, 2010 11:26 am

The Arctic Winter
Anthony wherefore art thou, man of the court
me thinks the battle's still on, still being fought
please don't say your efforts have come to nought
though all know such scenes can get very fraught
but Christmas now approaches, so aside
such convoluted things, and simply glide
into the snowy Swedish slip and slide
of white delight, hill-time taboggan ride
then when the New Year comes you fresh and strong
to deal again with all skullduggery, the wrong
and that's the case, you've said, so sound the gong
bring out the reindeer, sledge, the journey long
you're well prepared, it's time now to kick butt,
that time, soon here, the Spring, time for the rutt.
dp 23dec10
d pickup
 
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Re: How to submit a Subject Access Request

Postby Anthony Treacher » Fri Mar 11, 2011 10:26 am

David. "Wherefore Anthony?" Well I submitted a Subject Access Request to XXXX concerning the minutes of the XXXX November 2006 and March 2007 meetings. The minutes came as quite a surprise (a shock) to me. So I referred them to another organisation: were the minutes "sound" or were they "unsound?"

In the interim, wandering (slumming?) but the lower slopes of Parnassus I found this relevant piece in Midnight Fugue “A Dalziel & Pascoe Novel” by Reginald Hill page 234:

Great truths may burn eternally but great lies too retain a heat in their embers that stubbornly refuses to be quenched.

That is particularly true of the heat from great lies embedded in the official minutes of an outwardly respectable sports body.
Anthony Treacher
 
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Location: Stockholm, Sweden

Re: How to submit a Subject Access Request

Postby d pickup » Sat Mar 12, 2011 9:20 am

'If you do not wish to be lied to, do not ask questions. If there
were no questions, there would be no lies.' B. Traven

'Every violation of truth is not only a sort of suicide in the liar,
but is a stab at the health of human society.' Ralph Waldo Emerson

'Oh what a tangled web we weave, When first we practise to
deceive!' Sir Walter Scott

'A liar should have a good memory.' Quintilian

'That's not a lie, it's a terminological inexactitude. Also, a tactical
misrepresentation.' Alexander Haig

'What is laid down, ordered, factual is never enough to embrace
the whole truth: life always spills over the rim of every cup.' Boris Pasternak

'A committee is a cul-de-sac down which ideas are lured and then
quietly strangled.' Barnett Cocks, attributed

'A committee is an animal with four back legs.' John le Carré, Tinker Tailor Soldier Spy
d pickup
 
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Re: How to submit a Subject Access Request

Postby d pickup » Wed Mar 16, 2011 11:59 am

COME TO ORDER

'If you live in a country run by committee, be on the committee.' Author Unknown

to AT

Back, back, back, the minutes of long past times
so many years, that hold the record firm
of what was said, reported, of a Meet,
that meeting of respectability.

'Let's start, on time, apologies received?
none, good, so next the minutes, we approve?
all 'ay', it passed, so to matters arise
you are keeping up, Uraiah*, I hope.'

'Yes Sir, each word I've captured here exact
the Meet's words, this meeting's words: all writ down.
By 8am you'll have them on your desk
to full peruse; I'll work all night for that.'

And so he did, concocting all the words
and they are there for all who wish to view.
* an umble clerk of cloying humility, obsequiousness & insincerity in Dickens' 'David Copperfield'

dp 16mar11
d pickup
 
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Re: How to submit a Subject Access Request

Postby Anthony Treacher » Wed May 04, 2011 7:48 pm

If you submit a Subject Access Request, do not be fobbed off by the likes of the following (highlighted in my bold) I received in the 25 November 2010 response from British Masters Athletics Federation (BMAF) Secretary Bridget Cushen:

“Dear Mr Treacher,

I refer to your request for copies of Minutes of BMAF Meetings at which your disagreement with the BMAF Team Manager on the selection and running order of the BMAF M65 4 x 200m relay team during the World Masters Athletics Indoor Championships was discussed.

We hold only two Meetings per year, normally in March and November, plus the AGM and as you did not lodge a complaint against our Team Manager until June 2006, your complaint was raised at our November 2006 meeting.

Although the information you have requested is outside the scope of the Data Protection Act, we are a voluntary Organisation run entirely by enthusiasts and our work on behalf of our members is therefore open and Meetings are conducted in a friendly manner. We have nothing to hide and hereunder are the extracts from our November 2006 and March 2007 Meetings. Incidentally, the only information that we hold on our members on our central database is members’ name, address, DoB, sex and Club registration number.

I am returning your cheque for £30 herewith.

Yours faithfully,

Bridget Cushen
Honorary Secretary

Thank you Bridget Cushen for the “friendly” BMAF minutes, which were highly informative and thank you for refunding my £30. But the information I requested was not outside the scope of the British Data Protection Act (DPA). Ref:
http://www.yourrights.org.uk/yourrights/privacy/data-protection/definition-of-personal-data.shtml

Personal data is anything which identifies you as an individual, either on its own or by reference to other information. It can include expressions of opinion about you.

Personal data is defined in the DPA (at section 1(1)), as “data which relate to a living individual who can be identified from those data; or from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.”

BMAF Secretary Bridget Cushen, and certain posters on this forum, should carefully note the above.

As to the other points in Bridget Cushen’s covering letter above:

1. “….your disagreement with the BMAF Team Manager on the selection and running order of the GBR M65 200m relay team...” That is typical BMAF disingenuousness. I had absolutely no disagreement with BMAF Team Manager Maurice Doogan who of course selected and decided on the running order of the team long before the team entered the Call Room. Any athlete knows that is the way it works.

My complaint was that BMAF Team Manager Maurice Doogan later bypassed the Call Room and actually entered the track with the runner who was formally disqualified because he arrived too late at the Call Room. That runner was not on the Final Call Room List and by insisting that he run the GBR Team Manager thus risked disqualification of his own GBR relay team.

2. My complaint was not “discussed” at all at the meeting. Instead it was arbitrarily dismissed – apparently without any discussion at all by the delegates - with: “Treacher said MD (Maurice Doogan) had broken an IAAF rule. WT (Winston Thomas) ) had checked it out, this is not so.”

But it is so. IAAF 170.18 is currently the applicable rule. And every single BMAF delegate at the meeting should have known that - provided of course that they were accurately presented with the actual details of my complaint. Which I doubt.

3. “….as you did not lodge a complaint against our Team Manager until June 2006….” Bridget Cushen knows perfectly well that in a conciliatory attempt to arrive at an offline settlement, I filed an equivalent complaint about Maurice Doogan’s conduct at Linz to BMAF President Paul Dickenson immediately the Linz incident happened in March 2006. Paul Dickenson botched it but he insists he notified his BMAF Executive immediately.

4. “…We have nothing to hide…” Really? A little self-knowledge and humility would do certain BMAF officers a world of good. The minutes came as a revelation to me. My case, from my complaint against the BMAF Team Manager to suspension of myself instead, is one long catalogue of proven BMAF procrastination, lies and disingenuousness. A true scandal. The trouble is that having succeeded in entering their own BMAF Team Manager’s and BMAF Chairman’s version into the formal BMAF minutes without informing me and thus completely unchallenged, all BMAF officers now believe their own official BMAF story.

But any psychologist will tell you that this is how organisation mentality works in these situations.

Even Arthur Kimber, my SCVAC club Chairman and a fellow relay team-mate at Linz who did support me back in 2006, now as new BMAF Chairman finds it more opportune to parrot the official BMAF excuse that “The BMAF Team Manager was entitled to field the team members he selected” – that familiar BMAF-established and thoroughly inane non-sequitor response to my valid complaint that GBR Team Manager Maurice Doogan bypassed the Call Room contrary to the IAAF rules and thus risked the disqualification of the GBR team.

Sorry - my original point in this particular harangue was that you should not be fobbed off when applying for your personal data to which you are entitled under a DPA Subject Access Request. Personal data is a much wider concept than simple name, date of birth, etc. held on the computer of your data controller.
Anthony Treacher
 
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Re: How to submit a Subject Access Request

Postby Anthony Treacher » Tue Jun 07, 2011 2:18 pm

A Subject Access Request can reveal some unexpected skullduggery.

I submitted my Subject Access Request to BMAF because the BMAF cited:

'Following a recommendation (my underlining) by a Council meeting of the Second Defendant (BMAF) held on 5 November 2006 and a letter dated 3 January 2007……….. the Executive Committee (in fact BMAF Chairman Winston Thomas unilaterally) of the Second Defendant disciplined the Claimant (me) …'

OK, so what was this recommendation?

Disregarding for a moment the false and self-serving, information their BMAF colleagues allowed BMAF Track & Field Manager Maurice Doogan and BMAF Chairman Winston Thomas to present unopposed, all I see in the minutes as a concrete recommendation regarding me is that 'the Chairman would be writing to Treacher after this meeting '(my underlining).

But strangely, the meeting minutes item 8 vi already state: 'The Chairman (Thomas) said he had also offered to meet Treacher with Kimber and MD (Doogan) on Treacher’s visit to London. Treacher did not avail of this offer.' (My underlining.) This appears to be an afterthought, or add-on, in the middle of the minutes. (For the purpose of my disqualification from competition this consequently in true BMAF fashion became 'Treacher refused to meet the BMAF Chairman'.)

It was very convenient for the BMAF to state 'Treacher refused to meet the BMAF Chairman.' Treacher was obviously defying (unknown to Treacher of course) the recommendation of the BMAF meeting that Chairman Thomas should meet Treacher. It was in BMAF’s interests to get that on record.

The problems with that are:

1. I did not ever and will not ever refuse to meet any BMAF Chairman, or BMAF officer. It is they who refuse to meet me
2. It was I who first offered to meet with BMAF, not the other way around.
3. That was in a 13 November 2006 e-mail to BMAF President Paul Dickenson. It was first then that I mentioned to BMAF that I would be making my December 2007 London visit.
4. 5 November 2006 is eight days before 13 November 2006 and long before December 2007. So how could the minutes of the 5 November 2006 BMAF meeting refer to 'Treacher’s visit to London' when BMAF could not have known about it?

Blinded by her indignation about criticism of volunteer BMAF officers and the BMAF imperative to document that I had refused to meet the BMAF Chairman, the BMAF Secretary had falsified the official BMAF minutes.
Anthony Treacher
 
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Re: How to submit a Subject Access Request

Postby flashcoach » Wed Jun 08, 2011 11:47 am

the BMAF Secretary had falsified the official BMAF minutes.

This is a most serious point Anthony and one that needs addressing, it goes to show what lengths they will go to in order to
protect their false air of innocence. Are these cronies really worhty of your most valuable time I have to ask my self?
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Re: How to submit a Subject Access Request

Postby LiamRiley » Sun Jun 12, 2011 4:57 pm

To a complete outsider, this seems like an entirely over-cooked situation stemming from a minor dispute. If people have gone to the lengths of falsifying documents, then this says something rather sad about them. Given that the BMAF is voluntary on many levels and not a public body, you'll likely have little recourse beyond the steps that you have already taken.

I am reminded of a story about an acquaintance who, in his sixties, proclaimed that a fellow member of his golf club had "ruined his life". Sure, the guy had it in for him (for some unknown reason) and the acquaintance was obviously in the right, but I felt he himself could have dealt with the situation much better.

Maybe it would be best to be content in the knowledge that you have been wronged, but move on and apply your efforts elsewhere. It might just be a happier outcome for you.
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Re: How to submit a Subject Access Request

Postby Anthony Treacher » Mon Jun 13, 2011 11:54 am

Liam, who told you this stems from ‘a minor dispute’? This stems from the BMAF British Team Manager bypassing the Call Room at a WMA Masters Indoor World Championships. The British Team Manager had escorted a runner, who was disqualified because he arrived too late at the Call Room, past the Call Room and onto the track. That can never be a ‘minor dispute. Great Britain is not an athletics banana republic. Or are we?
Anthony Treacher
 
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Re: How to submit a Subject Access Request

Postby Anthony Treacher » Sat Sep 03, 2011 8:51 am

Liam, one could also say that this all stems from my complaint about BMAF Team Manager Maurice Doogan’s rules infringements and verbal abuse at 2006 WMA Linz.

Prior to my complaint, nobody had any objection to me. How could they? If I had not complained, BMAF would not have banned me.

But more to the topic of this thread. It looks like I must submit another Subject Access Request because BMAF are dragging their heels again. Back in July I reminded my SCVAC Chairman Arthur Kimber that BMAF did not send me the requested names of the BMAF club attendees to the 4 March 2007 BMAF Delegates Meeting to whom BMAF communicated my personal data (i.e. rulings and opinions about me according to the Data Protection Act). Kimber assured me he would follow it up. But as usual nothing happens.

I will also request the name of the keeper of those minutes. This is the person who informed the BMAF clubs that the ban was subject to any appeal Treacher may make to UKA, but did not inform Treacher.
Anthony Treacher
 
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