Placing a value on your Personal Data

sourcrates

I don't believe contract law would apply to acts of parliament, cases similar to this, challenging acts of parliament, have usually been thrown out of court on the basis that there are no grounds for the challenge, some people have tried similar tactics to get out of paying debts, I have yet to hear of a case like this succeeding, but should you "flout the trend" please feel free to let us know

FireWyrm

sourcrates wrote: »

I don't believe contract law would apply to acts of parliament

It doesnt and cannot, or there would be no such thing as 'statutory rights which are not contravened by the contents of a contract'.

In any case, the OP is required by law to answer the Census in full, there is no prevarication in this. The ONS is obliged to provide statistical analysis to parliament on the nature and distribution of the population so that it may enact and provision social infrastructure sufficient for its needs. The fact that the OP deems his 'data' to have a value is irrelevant. The ONS is entitled to the data and the OP is not entitled to any recompense for it.

the_worm_that_turned

Thanks both for taking the time to respond.

FireWyrm - you constantly refer to a requirement to provide the data as set down by statute. That is a given. It is clear from the Act that a person is required to provide a return, which having looked at the limited case law I could find in relation to "Census Returns" this is deemed to mean the provision of information. I have met this requirement and neither the ONS or a Judge can deny this. As for being out of pocket. I have made a claim via the Northampton County Court Bulk Centre for £5000. Costs are limited as this is specifically designed for SMALL claims. The system is set up to assist those without formal training in law (i.e. 99% of the population). I doubt I will be "out of pocket" or "throwing good money after bad". Your responses are full of opinion alone with no substance to back them up. Whether this is a deliberate attempt to put people off responding I am not sure but I would prefer it if you based your response on facts or case law.

Sourcrates - you refer to similar cases challenging acts of parliament. What do you refer to?

I am not challenging an act of parliament, in fact I have met fully with any perceived obligation upon me.

To claim that contract law doesn't apply to acts of parliament doesn't even make sense to me. What do you mean?

The Consumer Credit Act 1974 is an act of parliament; however every consumer credit agreement written in accordance with this act still creates a contract. Contract Law cannot simply be ignored because an act of parliament relates in some parts to the agreement the contract is based upon. I'm sorry but YOU are wrong here.

The contract I have with the ONS, which exists until a Judge rules otherwise, is formed despite of, not in accordance with the Census Act 1920, or any other parliamentary piece(s) of legislation that may or may not create obligations or duties upon me, the ONS or the registrar general.

Whether I fail or succeed to charge for my personal data, which I have every right to do, will rest in the hands of the courts now.

bsms1147

What's the point?

You must be a very boring person in real life. Or a troll. Or both.

sourcrates

bsms1147 wrote: »

What's the point?

You must be a very boring person in real life. Or a troll. Or both.

HA ha ha !!!:rotfl::rotfl::rotfl:


I like doing a similar thing with DCA`s, chocking them up with paperwork lol, worm, good luck with it, you wont win, but have a blast losing my friend :beer:

the_worm_that_turned

bsms1147 wrote: »

What's the point?

You must be a very boring person in real life. Or a troll. Or both.

Ha ha - I certainly am keyboard warrior! Boring people toe the line and do as their teachers, bosses, mummies, government [delete as appropriate] tell them. Are you boring?

Keep going though troll. Great contribution thus far.

the_worm_that_turned

sourcrates wrote: »

HA ha ha !!!:rotfl::rotfl::rotfl:


I like doing a similar thing with DCA`s, chocking them up with paperwork lol, worm, good luck with it, you wont win, but have a blast losing my friend :beer:

If I wake up just one or two people to the ridiculous hypocrisy of this situation I will have won.

Organisations can and do collect your data and sell it for profit but (according to some on here) we are not allowed to charge for it. Hmmm is that coffee I smell? Do you smell it too or are you still taking the blue pill each morning?

FireWyrm

the_worm_that_turned wrote: »

. As for being out of pocket. I have made a claim via the Northampton County Court Bulk Centre for £5000. Costs are limited as this is specifically designed for SMALL claims.

Which cost you money to lodge.

the_worm_that_turned wrote: »

The system is set up to assist those without formal training in law

...and you.

the_worm_that_turned wrote: »

I doubt I will be "out of pocket" or "throwing good money after bad".

It will cost the ONS money to answer your suit (if they even bother) and they can and will smack you stupid with costs for their time. It would be highly amusing if they did send a barrister and charged you for his time (£200 at least I believe). Add a couple of 'expert witnesses' on top of that, and I think they could make that up to a good £600, plus their travel, plus their time etc, and that is before the Judge decides you are being a !!!! and hits you with the following :

The rules on small claims costs give the judge a power to make a punitive costs order if he thinks that a party has behaved unreasonably. If the judge is minded to make such an order he may take into account all the costs that a party has incurred in either bringing or defending the claim before deciding how much the other side should pay in respect of these.

the_worm_that_turned wrote: »

Your responses are full of opinion alone with no substance to back them up.

It is the law, plain and simple. If you had bothered to ask your solicitor, he no doubt would have told you also you were barking up the wrong tree.

the_worm_that_turned wrote: »

Whether this is a deliberate attempt to put people off responding I am not sure but I would prefer it if you based your response on facts or case law.

Anyone of the other 400 people (including quite a few solicitors no doubt who frequent this board) could have responded at will. The fact that they have not refuted what you have been told should speak volumes.

the_worm_that_turned wrote: »

I am not challenging an act of parliament, in fact I have met fully with any perceived obligation upon me.

You are therefore not entitled to recompense.

the_worm_that_turned wrote: »

The Consumer Credit Act 1974 is an act of parliament; however every consumer credit agreement written in accordance with this act still creates a contract.

Only if two parties agree to form a contract. You cannot foist a contract on another party through your ill thought out plan. You have not formed a contract with the ONS and neither have they with you. End of story.

the_worm_that_turned wrote: »

Contract Law cannot simply be ignored because an act of parliament relates in some parts to the agreement the contract is based upon.

Yes it can. In fact, any part of a contract which contravenes statute can be ignored and even roundly challenged. You still dont have a contract though.

the_worm_that_turned wrote: »

The contract I have with the ONS, which exists until a Judge rules otherwise, is formed despite of, not in accordance with the Census Act 1920, or any other parliamentary piece(s) of legislation that may or may not create obligations or duties upon me, the ONS or the registrar general.

I suggest you read up on contract law before you embarrass yourself any further.

the_worm_that_turned wrote: »

Whether I fail or succeed to charge for my personal data, which I have every right to do, will rest in the hands of the courts now.

You cannot form a contract with an unwilling party. The other party is entitled to the information you have provided and you are not entitled to any recompense for it. I cannot make it any clearer than that.

sourcrates

the_worm_that_turned wrote: »

If I wake up just one or two people to the ridiculous hypocrisy of this situation I will have won.

Organisations can and do collect your data and sell it for profit but (according to some on here) we are not allowed to charge for it. Hmmm is that coffee I smell? Do you smell it too or are you still taking the blue pill each morning?

Oh yes, I agree, they do indeed, and yes, I would love to charge for it also, but in life you have to pick your opponent's wisely, my own opinion is that you wont win, good luck with it though !!

the_worm_that_turned

FireWyrm wrote: »

Which cost you money to lodge.



...and you.



It will cost the ONS money to answer your suit (if they even bother) and they can and will smack you stupid with costs for their time. It would be highly amusing if they did send a barrister and charged you for his time (£200 at least I believe). Add a couple of 'expert witnesses' on top of that, and I think they could make that up to a good £600, plus their travel, plus their time etc, and that is before the Judge decides you are being a !!!! and hits you with the following :





It is the law, plain and simple. If you had bothered to ask your solicitor, he no doubt would have told you also you were barking up the wrong tree.



Anyone of the other 400 people (including quite a few solicitors no doubt who frequent this board) could have responded at will. The fact that they have not refuted what you have been told should speak volumes.



You are therefore not entitled to recompense.



Only if two parties agree to form a contract. You cannot foist a contract on another party through your ill thought out plan. You have not formed a contract with the ONS and neither have they with you. End of story.



Yes it can. In fact, any part of a contract which contravenes statute can be ignored and even roundly challenged. You still dont have a contract though.



I suggest you read up on contract law before you embarrass yourself any further.



You cannot form a contract with an unwilling party. The other party is entitled to the information you have provided and you are not entitled to any recompense for it. I cannot make it any clearer than that.

How are they unwilling to form a contract? Explain it to me. The document included with the returned and completed census said quite clearly "if you do not return this with the seals intact within 14 days you accept the terms of this notice and a legally binding and lawful contract is formed". So how, by keeping hold of the census after 14 days of receipt is a contract not formed?

I appreciate there is an obligation upon them to conduct a census and collate the data they receive and produce a report and or reports upon it, and I appreciate that there is an obligation upon a person to provide a census return. If they did not want to enter into a contract they had every right to return the census and claim that I did not fulfil my obligations or making a return and take any actions they felt necessary and given to them under the act. The fact that they didn't means that a) they agreed that I had met with my duties, and b) they were willing to enter into a contract OUTSIDE of the Census Act 1920. They have their data, I met my obligations, they owe me money in accordance with our contract.

I am not a solicitor, which should be obvious for a number of reasons, not least challenging the status quo. Are you?

Costs (assuming this is allocated to the small claims track) are limited to a certain amount. Barristers blah blah blah. Are you for real!!