Friday, 23 June 2017

POLICE SCOTLAND BREACHES OF DATA PROTECTION LAW IN SCOTTISH ENTERPRISE FRAUD CASE


Mr Eddie Cairns

72 Hillhouse Street

GLASGOW G21 4HP

23 June 2017

 

Mr Alan Speirs

Chief Superintendent

Professional Standards Department

Police Scotland

 

CO/00008/10

CO00318/10

MI/00476/16

 

Dear Mr Speirs,

 

DATA PROTECTION ACT 1998

 

SUBJECT ACCESS REQUEST

 

 

I formally request subject access disclosures under the terms of the Data Protection Act 1998.

 

The following extracts from your letter to me dated 1 June 2017, reproduced here in italics and numbered for convenience, indicate the information about me that is of particular concern as detailed in my accompanying comments provided in normal type:

 

 

1.       COMPLAINTS ABOUT THE POLICE

          UNACCEPTABLE, PERSISTENT AND UNREASONABLE ACTIONS

 

What complaints about the police? And what unacceptable, persistent and unreasonable actions?

 

I formally request disclosure of the information about me allegedly recording Police Scotland’s handling of my complaints about the police and my unacceptable, persistent and unreasonable actions.

 

 

2.       I understand that you were written to by several senior officers of both Strathclyde Police, and subsequently Police Scotland, who made repeated attempts to answer your questions by providing explanations to you.

 

I formally request disclosure of these repeated attempts by several senior officers of Strathclyde Police and Police Scotland to answer my questions by providing explanations to me.

 

 

3.       I am aware that you were classed as a ‘vexatious litigant’ by the Strathclyde Police Legal Services department which, although not influencing my perspective in relation to complaints, may be seen to demonstrate unreasonably persistent behaviour to another policing department.

I formally request disclosure of the information about me that may be seen to demonstrate unreasonably persistent behaviour to the Strathclyde Police Legal Services department.

 

4.       It is clear that you continue to repetitively rehearse issues which have previously been addressed by Strathclyde Police and Police Scotland.

 

I formally request disclosure of the information about me supporting your statement that I continue repetitively to rehearse issues which have previously been addressed by Strathclyde Police and Police Scotland.

 

 

5.       You refuse to accept many of the explanations or determinations provided ......

 

I formally request disclosure of the information about me supporting your statement that many explanations or determinations were provided ......

 

 

6.       I find your refusal to accept such explanations manifestly unreasonable.

 

What explanations or determinations?

 

I formally request disclosure of the information about me supporting your statement that I refuse to accept many explanations or determinations provided ......

 

 

7.       In addition, your continued correspondence is placing an unacceptable demand on the officers and staff of Police Scotland, detracting from the service provided to others.

 

I formally request disclosure of the information about me supporting your statement that my correspondence is placing an unacceptable demand on the officers and staff of Police Scotland, detracting from the service provided to others.

 

In fact my correspondence has been proportionate and lawfully grounded in my rights under the terms of the Data Protection Act 1998.

 

In reality it is the continuing persistence of the police in processing and communicating damaging falsehoods about me that is detracting from the service provided to others and indeed primarily to me.

 

 

8.       Your conduct is in continuance to that exhibited prior to 2010, following which Professor John McNeill (then Police Complaints Commissioner for Scotland) provided a recommendation to Strathclyde Police that no further consideration needed to be made in relation to the matters reported ....... 

 

I formally request disclosure of the information about me supporting your statement that Professor John McNeil’s recommendation is still valid in the light of important relevant new evidence arising in 2016 and 2017.

 

Available evidence now proves that, contrary to Professor McNeill’s report, the police carried out no investigation at all in 1993 but unfairly accepted as valid the report produced by Scottish Enterprise which, although seriously defective in many respects since material evidence had been concealed, at least concluded that the cash in question had indeed been omitted from the company’s balance sheet for the time that I alleged. However, no plausible explanation for this significant financial irregularity was provided.

 

Available evidence now also proves that in 2016 the police again failed to carry out an adequate investigation into my allegations, unfairly accepted as valid the manifestly defective report that had been produced by Scottish Enterprise in 1993 and conspired with Scottish Enterprise to pervert the course of justice by concealing material evidence.

 

You know that the PIRC confirmed to me in a letter dated 8 February 2017 that there were only 8 letters of complaint against the police, not 82 as had been falsely stated and erroneously acted upon by Professor McNeill to try to justify his recommendation for the police to ignore me.     

 

And you know that Strathclyde Police already wrote to me years ago admitting that I did not actually submit 82 letters of complaint to the police and that Strathclyde Police suggested that I take the matter up with the Commissioner. 

 

Professor McNeill’s report is directly contradicted in several respects by the evidence now available.

 

Your reliance upon the now fully exposed egregious errors and falsehoods of Professor McNeill is unlawful, being breaches of my right to information about me held and processed by the police being accurate and of my right to any adverse opinion of me recorded by the police being based upon a true statement of the facts.

 

 

9.       I have made the relevant staff aware of this decision, including the Force Executive.

              

I formally request disclosure of the information about me communicated to the relevant staff, including the Force Executive.

 

 

Yours sincerely,

                                Eddie Cairns.

 

 

No comments: