Placing a value on your Personal Data

the_worm_that_turned

I heard on Radio 4 this morning that we are right to place a value on our personal data. And why shouldn't we. After all, it is our data and anyone that uses it is generally doing so for their own gain (i.e. to sell us something) not for the love of us!

So what is your data worth? Well when I heard that a Census was going to take place in 2011 I thought about this. I originally thought my (and my family's) personal data was worth approximately £200,000.00 but I since revised that to £5,000.00 (much easier to claim via the courts).

I let the Office for National Statistics (ONS) know that I value my data and told them to look out for a contract forming document accompanying the census return.

To cut a long story short I provided the data within the census, had a solicitor verify that I had completed the census as required by law (along with a signed Declaration of Truth), applied tamper proof seals to the data and made a legally required return of the census along with a Notice of Intent to Contract.

The ONS had 14 days to send back the data with seals intact following receipt unless they wanted to enter into a legally binding and lawful contract with me. They refused to send it back and thus a contract was formed, whereby they get to keep my data but in return owe me £5000.00. Following them reneging on the contract there is a claim currently in the court system.

Don't be walked all over. Value yourself and your data. They do!

marliepanda

I'm confused. It's 2014.

Anyway, not gonna happen

FireWyrm

You do realise that you are required by law to complete the census as specified in the Census Act 1920 and that this act does not provide for any recompense to you for completing it?

Be prepared to be laughed right out of court and straight into jail.

Oh and I'm pretty sure Act of Parliament trumps contract law.

The solicitor who aided and abetted you in this inanity is probably still giggling over the pint your bought him with the fee he charged you.

the_worm_that_turned

FireWyrm wrote: »

You do realise that you are required by law to complete the census as specified in the Census Act 1920 and that this act does not provide for any recompense to you for completing it?

Be prepared to be laughed right out of court and straight into jail.

Oh and I'm pretty sure Act of Parliament trumps contract law.

The solicitor who aided and abetted you in this inanity is probably still giggling over the pint your bought him with the fee he charged you.

Jail!!! Really? On what grounds? Attempting to charge money for your personal data? Attempting to enter into a contract?

You are sure an Act of Parliament trumps [contract] law? Really? You do understand that an act of parliament is written into statute law, which is determined by the courts and it is down to the courts of law to determine how the Parliamentarians would have meant it?

FYI - I DID complete the census and as required by law I returned it. The Act you describe does not prohibit the charging of money for the personal data, and why would it? Perhaps you are just a bit annoyed that you just blindly provided your data without considering its worth. Is that the case?

the_worm_that_turned

marliepanda wrote: »

I'm confused. It's 2014.

Anyway, not gonna happen

How so? Each case brought before the courts must be judged upon its merits. If there is no case to answer then I would imagine the defendant will enter a motion for the case to be struck out. Let's see.

As for 2014. Why does that matter. I understand that I have up to 6 years from breach of contract to claim. My reasons for doing so now are irrelevant.

FireWyrm

the_worm_that_turned wrote: »

Jail!!! Really? On what grounds? Attempting to charge money for your personal data? Attempting to enter into a contract?

How about vexatious litigation. No contract was formed. They did not enter into one. You are required by law to answer the questions and you are not entitled to any compensation for that information. Not answering the questions would have landed you a fine (or potentially jail) and by using the information you are REQUIRED by law to give them, they cannot be deemed to have entered into any contract with you. Quod erat demonstrandum.

the_worm_that_turned wrote: »

Perhaps you are just a bit annoyed that you just blindly provided your data without considering its worth. Is that the case?

I complied with the law in so far as it was required. I abstained from providing any information that I considered to be an invasion of my privacy such as my religion.

I guarantee you will get absolutely no where with this and frankly, your solicitor is probably still laughing.

the_worm_that_turned

FireWyrm wrote: »

How about vexatious litigation. No contract was formed. They did not enter into one. You are required by law to answer the questions and you are not entitled to any compensation for that information. Not answering the questions would have landed you a fine (or potentially jail) and by using the information you are REQUIRED by law to give them, they cannot be deemed to have entered into any contract with you. Quod erat demonstrandum.





I complied with the law in so far as it was required. I abstained from providing any information that I considered to be an invasion of my privacy such as my religion.

I guarantee you will get absolutely no where with this and frankly, your solicitor is probably still laughing.

Vexatious litigation! How so? Have you even looked up the definition of this? I can certainly argue strongly that I am not a vexatious litigant.

A contract was formed in my opinion. It wasn't in yours. C'est la vie.

I did answer the questions. This was independently verified by a solicitor and declared in my declaration of truth as witnessed and signed by me and the solicitor. He is NOT my solicitor. I met him for five minutes, I have never met him again, he didn't know of my intentions, merely witnessed the completed census as required by law and signed the declaration.

As for you claiming that I am not entitled to any compensation. Is this a fact that you can back up or merely an opinion because, for whatever reason you are slightly annoyed/angry at what I have done?

I see nothing in any of the related legislation to show that I am prohibited from charging for my data. Do you?

We live in a common law land and regardless of what the EU or the government may think/want, we are entitled to do anything so long as it does not "break the law". An oxymoron btw as law cannot be broken.

Why so negative anyway? Are you working for the ONS?

FireWyrm

I considered the Census to be a massive intrusion but I understand the reasons for it. We are all required, by law, to give the information completely and as accurately as possible. Not doing so is a criminal offence punishable by a fine and/or imprisonment as well as a criminal record. You cannot force someone to enter into a contract with you because you provide information you are obligated to provide. There is no contract, therefore, no case. You have wasted your money and your time. Your solicitor saw you coming a mile away.

Your FMOL wibble will get you nothing but a contempt of court charge if you start spewing it in front of a judge. If you are very lucky, he'll just throw it out and not award costs against you, but if it were me, I'd nail you to the wall with the full force of the law you claim isnt there - just to make a point.

the_worm_that_turned

FireWyrm wrote: »

I considered the Census to be a massive intrusion but I understand the reasons for it. We are all required, by law, to give the information completely and as accurately as possible. Not doing so is a criminal offence punishable by a fine and/or imprisonment as well as a criminal record. You cannot force someone to enter into a contract with you because you provide information you are obligated to provide. There is no contract, therefore, no case. You have wasted your money and your time. Your solicitor saw you coming a mile away.

Your FMOL wibble will get you nothing but a contempt of court charge if you start spewing it in front of a judge. If you are very lucky, he'll just throw it out and not award costs against you, but if it were me, I'd nail you to the wall with the full force of the law you claim isnt there - just to make a point.

You sound like a very bitter man/woman and send good wishes your way.

There is no FMOL wibble going on here (whatever that really means). I am entitled and free to attempt to enter into a contract with whomever I choose am I not?

The Census Act 1920 is very clear in so far as it requires a person to complete a census and make a return. I have done that. Do you argue that I have not?

It would appear that the Act also makes provisions for any costs incurred in relation to collecting the data (see below as taken from the currently enacted versions):

(3)Any expenses incurred with the sanction of the Treasury by the Chancellor of the Exchequer or the Registrar-General in connection with the taking of a census or otherwise in connection with the exercise of his powers or the performance of his duties under this Act shall be defrayed out of moneys provided by Parliament..

It is sad that you considered the census a massive intrusion (I assume of your privacy/time??) but just did it anyway. It is required by law to complete the census and return it. As I keep re-iterating there is NOTHING in the legislation to prevent you from charging for it. I assume that you found nothing too.

The fact that the I charged for the data does not take away from the fact that I complied with the law fully.

Again, the solicitor is NOT my solicitor, I don't have one or need one. I very much doubt any contempt of court will occur too.

the_worm_that_turned

I doubt you accept that your silence equates to tacit acceptance (a FMOL joke for you there) but I would be interested to hear your, or any others' comments on the part about the Act making provision for such requests for payment.

FireWyrm

the_worm_that_turned wrote: »

I doubt you accept that your silence equates to tacit acceptance (a FMOL joke for you there) but I would be interested to hear your, or any others' comments on the part about the Act making provision for such requests for payment.

My response would be rude. Your court case will fail. Judging by the numbers of people who have viewed your OP but declined to respond you wont get anything further from this thread.

For the last time, you have no contract with ONS, they have not entered into a contract with you, therefore, there is no case to answer. You will not get any money and more than likely you will be severely out of pocket as a result. Throwing good money after bad is stupid.