First Choice Selection Services Limited – Complaint Upheld (United Kingdom, 2021)

Complaint Upheld
Information Commissioner's Office2 March 2021United Kingdom
final
Complaint Upheld

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

The UK's Information Commissioner's Office found that First Choice Selection Services Limited wrongly denied a person's request to access their personal data. The company claimed they couldn't provide the data due to an ongoing tribunal case. This ruling reinforces individuals' rights to access their data under GDPR.

What happened

First Choice Selection Services Limited refused to fulfill a data access request, citing an ongoing tribunal case.

Who was affected

An individual who requested access to their personal data held by First Choice Selection Services Limited was affected.

What the authority found

The ICO determined that First Choice unlawfully denied the data access request, violating GDPR's access rights.

Why this matters

This case highlights the importance of respecting individuals' rights to access their personal data, even during legal proceedings. Businesses should ensure they comply with GDPR requirements regardless of other legal contexts.

GDPR Articles Cited

Art. 15 GDPR
Full Legal Summary
Detailed

The controller is First Choice Selection Services Limited, a recruitment consultancy ('FC'). In May 2020, the data subject made an access per Article 15 GDPR to the company, requesting: # "All documents sent by [redacted] to First Choice staff; # Any document sent by FC to any third party, including a list of third party agencies to whom FC have disclosed their personal data and a copy of the information FC have disclosed; # Any document sent by a third party to FC; # Any telephone audio file and any audio file or telephone transcription between First Choice and a third party; # All meeting notes whether [they were] present or not. # [Their] complete Personnel Dossier; # Where there has been any event in [their] history over this period from September 2017 to May 2020 which has required manual intervention by any person, [the] disclosure of any indication or notes which have caused or resulted in that manual intervention. # A Genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998. # Copies of all relevant First Choice company procedures and processes. # Total number of shifts worked by [them] at F choice, ## Total amount paid to [them] for those shifts (before and after back pay). ## Please provide the total amount paid to [them] in holiday pay ## Please provide total hours of holiday pay paid to [them]. ## Please provide the calculations used to calculate that holiday pay ## including rates of pay per hour and total. ## Please refer to the exact excerpt relevant text from Ts and Cs." The data controller refused to comply with this access request, on the basis that they had been instructed by the Employment Tribunal "to release no information at this stage and as part of the ongoing case we will be instructed to release appropriate documents to [the Data Subject] as required for the case." The data subject complained to the ICO. The ICO held that First Choices unlawfully failed to comply with the data subject's acces

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for First Choice Selection Services Limited in UK

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

2 March 2021

Authority

Information Commissioner's Office

GDPRhub ID

gdprhub-4440

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. First Choice Selection Services Limited - United Kingdom (2021). Retrieved from cookiefines.eu

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