Criminal?

There are a number of companies in the group and the “brand” known as “Sir Roger De Haan”. The “brand” relating to the harbour is as far as the public and press are concerned, “The Folkestone Harbour Company“

Sir Roger Michael De Haan’s (pictured), Folkestone Harbour Company leases the following land according to Trevor “Ming the Merciless” Minter (pictured), Sir Roger’s Right hand man, from other companies within the group.

Title deed K721157 = Land at Folkestone Harbour; Title deed K774627 = Land lying to the south of Marine Parade (The Housing development); Title deed K744624 = jetty at Folkestone Harbour; Title deed K667505 = the site of the railway at Folkestone Harbour.

Some of the land mentioned above is what the public commonly know and associate as “the harbour”. The harbour land has CCTV on it and according to the Information Commissioner’s Office (ICO), if you have CCTV on your business premises, you need to register with them.

However, after checking the Register of Data Controllers website, neither Folkestone Harbour Company, its directors or employees are named on the register. So it is safe to say, the controlling mind and sole shareholder Sir Roger Michael De Haan, owner of Folkestone Harbour is committing a criminal offence on a daily basis; and has been doing so for quite some time.

Sir Roger and his company which owns and operates the CCTV must by LAW be signed up to the Register of Data Controllers. It is clear from the images below CCTV is in use in and on the Harbour area

             

Photo © pam fray (cc-by-sa/2.0)

We’d ask why Sir Roger’s company are taking CCTV images of children playing in fountains without being registered? Should we be concerned as neither the companies or the individual – Sir Roger – who owns them are compliant with data protection law. Can we be certain what is happening to these images? Are the people viewing them qualified as is necessary? Who do images get shared with? And does the system use facial recognition technology.

A business or individual that fails to register with the ICO will be guilty of a criminal offence; in the case of companies, sanctions can be imposed on the directors personally. The sole director of Folkestone Harbour Company Ltd and controlling mind according to Companies House and Judge Ann Scott, is Sir Roger Michael De Haan. He and/or his company have failed to register and thus are committing a criminal offence on a daily basis as we said. The ICO can hand down fines of up to £5,000 for not being signed up to the Register of Data Controllers.

Now it is within the rights of any individual in the UK who is over 18 to make a Subject Access Request to both public bodies, eg SDC, KCC, NHS, or a private body, eg Folkestone Harbour Company, Creative Foundation, Saga. Of course, there are exemptions to what information you can have.

But CCTV is NOT off limits

It cost £10 to make a Subject Access Request for one’s personal data held by a private or public body; and the ICO are even kind enough to produce a template letter.

If you are so minded, you could if you wished, request the CCTV footage of you, enjoying yourself while on the property commonly known as “The Harbour”, or raise a concern directly with the ICO by contacting them on:

registration@ico.org.uk

We have in the past written about the Register of Data Controllers as our own Shepway District Councillors had failed to sign up to it and too were committing a criminal offence on a daily basis. However, when it was pointed out to them they ALL very quickly paid their £35 to the ICO to sign up to the register; where they all remain. We hope this blog post will shake Sir Roger and his company out of their complacency and criminal behaviour and force them to sign up to the Register of Data Controllers as neither he, nor his companies are above the law.

We note 23 days after publishing this post, Folkestone Harbour Company Limited signed with the ICO’s Data Protection Register. However, the refurbished harbour arm was fully opened to the public, on March 18th 2016, but had opened as early as August 2015. So for more than 18 months, neither the company, or any of its representatives were registered with the ICO with regard its CCTV. It was only after this post, was the matter rectified.

Now for those of you who visited the Harbour arm between August 2015 and November 15 2017, and had your images taken by the CCTV in terms of so-called limitation periods, it should be noted that it will be possible to bring claims for data breaches up to six years. So as there was no data controller – which was necessary by law, Folkestone Harbour Company Limited and it’s person of Significant Control – Sir Roger Michael de Haan, remains liable.

The Shepwayvox Team

Journalism for The People NOT the Powerful

None of the above constitutes legal advice it is provided for informational purposes only, and should not be construed as legal advice on the subject matter. No recipients of content from this site, or otherwise, should act or refrain from acting on the basis of any content included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue . The content of this blog post contains general information and may not reflect current legal developments, verdicts or settlements. The Shepwayvox Team expressly disclaims all liability in respect to actions taken or not taken based on any or all the content in this blog post.