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Legal Help

Legal help and advice

Faso are NOT lawyers. We only give advice on what you can or can’t do. However we can point you in the right direction.

Following are some basic links for you research regarding your False Allegation, and your rights.

European Convention of Human Rights ECHR  Article 6 (iii)

Subject Access Requests ( Right to know the information held about you)

Right to Rectification  (The right to correct wrong information held about you)

Getting Information/Your Rights.

Please read first.  Every person is at a different part of the process.  You may just have been accused or summoned or may already be involved in the Court process.

European Convention of Human Rights ECHR  Article 6 (iii)

Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

 

(b) to have adequate time and the facilities for the preparation of his defence;

(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Legal help by Faso

Subject Access Requests.

You have the right to

  • Individuals have the right to access and receive a copy of their personal data, and other supplementary information.
  • This is commonly referred to as a subject access request or ‘SAR’.
  • Individuals can make SARs verbally or in writing, including via social media.
  • A third party can also make a SAR on behalf of another person.
  • In most circumstances, you cannot charge a fee to deal with a request.
  • You should respond without delay and within one month of receipt of the request.
  • You may extend the time limit by a further two months if the request is complex or if you receive a number of requests from the individual.
  • You should perform a reasonable search for the requested information.
  • You should provide the information in an accessible, concise and intelligible format.
  • The information should be disclosed securely.
  • You can only refuse to provide the information if an exemption or restriction applies, or if the request is manifestly unfounded or excessive.

For Full Details see

Right of access | ICO

PRACTICAL ADVICE:

The Police and other Agencies (CAFCASS) may hold information about you which may be correct or incorrect.  This includes Custody Records, Interviews, Information held by Police on you including their databases.

The Police often have incorrect information on people including false criminal records.

You have the right to see that information (subject to restrictions) and if necessary you have the right to request rectification.

Right to Rectification

  • The UK GDPR includes a right for individuals to have inaccurate personal data rectified, or completed if it is incomplete.
  • An individual can make a request for rectification verbally or in writing.
  • You have one calendar month to respond to a request.
  • In certain circumstances you can refuse a request for rectification.
  • This right is closely linked to the controller’s obligations under the accuracy principle of the UK GDPR (Article (5)(1)(d)).

For Full Details see

Right to rectification | ICO

See here for a template letter:

PRACTICAL ADVICE

 

Right to be Forgotten

 

  • The UK GDPR introduces a right for individuals to have personal data erased.
  • The right to erasure is also known as ‘the right to be forgotten’.
  • The right is not absolute and only applies in certain circumstances.
  • Individuals can make a request for erasure verbally or in writing.
  • You have one month to respond to a request.
  • This right is not the only way in which the UK GDPR places an obligation on you to consider whether to delete personal data.

MORE PRACTICAL ADVICE

You may have arrested or charge with an offence and it is published in a news article or on the internet and then you are found not guilty and the offending article is still on the internet.

 

You can also DO THIS YOURSELF by applying to search engines to remove information which is inadequate, irrelevant, no longer relevant (out of date), excessive or where it is interfering with your privacy and personal life.

Our proven process for doing this is as follows:

1)   Prepare a word document in which to copy (ctrl-c) and paste (ctrl-v) all those links which are detrimental to you.

2)   Search your name in Google, Yahoo and Bing including all the different spellings and layouts of your name.

3)   Search again with your name followed by your town, eg ‘John Smith Bournemouth’.

4)   Search again with your name followed by conviction, eg ‘John Smith Conviction’, or ‘Sally Jones Fraud’.

5)   Below are the links to the relevant reporting pages on the three primary search engines.

GOOGLE: https://www.google.com/webmasters/tools/legal-removal-request?complaint_type=rtbf 

BING: https://www.bing.com/webmaster/tools/eu-privacy-request 

YAHOO: https://uk.help.yahoo.com/kb/learn-options-sln28252.html

6)   Upload current photo id and ensure that the search terms include your exact name as shown on your id.

7)   Include text similar to the following and personalised to you.

TAKE YOUR TIME

Spend a little time on this, the most successful submissions are those which clearly explain the impact the links are having on your life and address how they are no longer in the public interest (i.e. out of date, irrelevant, excessive, inadequate or inaccurate (best to evidence inaccuracies)).

“The continued publication of these links is having a severely detrimental effect on my life both personally and professionally.
I am not a public figure but rather a private individual; as an individual, the links are having a disproportionately negative privacy impact on myself and my family and my ability to live a normal life. It is becoming apparent that these links also present a risk to my personal safety
I finished my prison sentence and completed my time on licence successfully. I have now lived a crime free life for many years as a decent member of society. Criminal records data is of the highest sensitivity, the crime I was involved in happened more than 7 years ago and the links are now out of date, irrelevant and their continued publication can no longer legitimately or reasonably be justified as being in the public interest.”

Google has a character limit of 1000, Yahoo and Bing have character limits of 500, https://charactercounttool.com/ is helpful when editing.

8)   The Information Commissioner ICO also act, if/when search engines fail to remove links to personal information about an individual, where they should do so under Right to Erasure (aka Right to be Forgotten).
https://ico.org.uk/your-data-matters/online/internet-search-results/ 

9) It is not uncommon for search engines to fail to remove links after the first request, when this happens register a complaint with ICO (https://ico.org.uk/make-a-complaint/search-results/) , they will then investigate and in many cases, the search engine acts to remove them swiftly thereafter.

10) Set up alerts under your name so that you can be automatically notified if, or when, anymore damaging content appears online www.google.co.uk/alerts.

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