19 May 2004

Mr John Squire Compliance Officer
The Information Commissioner Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Your ref: 04/46450/09

Dear Sir

Re: Data Protection Act

Since my letter to you of the 5 May '04 I have received a letter from the OSS's Manager, Quality and Service Standards, Aman Virk, which is in reply to a complaint I made regarding the Chair of the Compliance Board, Richard Hegarty. I am aware you are not part of the Complaints Procedure but as the rules state; "ensure that you have made every effort to resolve this direct with the individual or organisation concerned" this is part of my effort to resolve my dissatisfaction in the way my information has been processed as stated by the Law Society's rule book.

I have enclosed a copy of the letter I received from Miss Aman Virk dated 7 May also a copy of my reply dated 15 May and from my reply I believe it can be seen Miss Virk is clearly not applying the correct interpretations to the Law Society rule book on the 'collection' and the 'supplying' of data;
1. The collection of data, she assumes anyone who states over the 'phone that they are a member of the Law Society can be given whatever information they ask for, whether personal, unrelated or otherwise and they don't have to state the purpose the data is required for.
2. She believes data from Complainants' files can be legally given to any member of the Law Society to be used for unrelated purposes to the Complainants' complaints provided it does not pass outside of Law Society members.
3. You will see from the information I have supplied that Miss Virk clearly cannot distinguish between what are personal reasons that Richard Hegarty rang me at home during the evening and 'Law Society business' which means that even if she did comply with the Law Society's rule book she still wouldn't know when or when not to allow data to be collected.

You will notice Miss Virk has stated her office did not pass information to Richard Hegarty, although she states she would have been entitled to give him my personal information without my permission and she does not mention anything about the rules concerning the collection of data or the purpose for the use of that data that must be given.

Yours faithfully

X X Xxxx

enc.