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Data Subject Complaint

A completed ICO complaint about an unanswered access and rectification request with a precise data trail and remedy request.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# DATA SUBJECT COMPLAINT

Date: 1 October 2031

Parties: Nadia Green and the Information Commissioner's Office concerning VistaCare Clinics Ltd

## 1. Purpose and parties

Nadia Green asks the Information Commissioner's Office to investigate VistaCare Clinics Ltd's failure to answer her data-subject request. On 1 July 2031 she requested a copy of her occupational-health record and correction of an incorrect note saying she had refused a reasonable adjustment.

## 2. Facts, scope and terms

VistaCare acknowledged on 8 July, verified her identity on 10 July and then provided neither the record nor an explanation by 1 September. Its 15 September email said the matter was with a contractor, without relying on a lawful extension or addressing the inaccurate note.

## 3. Process and responsibilities

Nadia asks the ICO to assess compliance with UK GDPR Articles 12, 15 and 16 and the Data Protection Act 2018. She seeks an appropriate response and rectification, not deletion of accurate clinical information, and does not ask the ICO to award damages.

## 4. Evidence, records and safeguards

She supplies the request, identity-verification receipt, acknowledgement, follow-up emails, the disputed HR note, a fit note and a union representative's contemporaneous record. VistaCare should preserve audit logs, identify its processor and restrict unnecessary disclosure of Nadia's health data.

## 5. Review, escalation and outcome

Nadia complained internally on 18 September and now asks the ICO to contact VistaCare. If a lawful refusal is established, she wants the reason, exemption and complaint route explained; if rectification is made, she asks for correction to recipients who received the inaccurate note where required.

## 6. Reservations and practical protections

Nadia will cooperate with proportionate identity checks and will not obstruct a clinical professional's lawful recordkeeping. She reserves an Article 82 compensation claim for distress or loss, while recognising that the ICO's investigation is separate from court proceedings.

## 7. England and Wales law and completion

This completed fictional complaint is dated 1 October 2031 and concerns processing in England and Wales. Nadia authorises secure correspondence, redacts irrelevant patient information and retains the original files and submission receipt.

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