17 January 2024
Mr Bates vs The Post Office: Data Rights in Action
Author: Jess Pembroke, Head of Data Protection
Mr Bates vs The Post Office is a drama about one of the biggest miscarriages of justice in UK history. Since it appeared on ITV this month it has caused significant public outcry and resulted in “the prime minister stand[ing] in front of a packed House of Commons and say[ing] the government will put forward a new law”[1].
As an Information Rights Professional my curiosity was peaked when Mr Bates character; played outstandingly by Toby Jones, alluded to frustration with the Freedom of Information process and downright despaired at the Data Subject Access request process (as was under the previous Data Protection legislation).
I’d like to stress that the data rights part of this saga are very minor points in what is a much larger and significant story about the human cost of this scandal. However, it’s rare that you see data rights in a television drama, and it is interesting to see the impact they had on this case.
In relation to Freedom of Information (FOI), in Episode 2, the character Mr Bates declares “he is only allowed to ask a question if it takes one person less than 18 hours to respond”. [2] Some requests made by Mr Bates are publicly available to view on the FOI platform WhatDoTheyKnow.com.[3] In one particular case Mr Bates makes the following request:
“Has Post Office ever been made aware of faults within the software of their Horizon System that would have impacted in any way on the accuracy of the accounts of any post office”[4]
This request is refused by the Post Office under Section 12(1) of the FOI Act which states that “Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.”[5] This reply is later upheld by the ICO when “the Commissioner considers that the time calculations… are credible” and “Post Office Ltd has fulfilled its obligations to provide advice and assistance to the complainant, under section 16 of the FOIA”. [6]
“In one of his FOI appeals, Bates tells the Post Office that the concern is not about the millions of successful weekly and monthly financial reconciliations that take place but the “numerous unsuccessful reconciliations that take place that Post Office refuses to even consider may occur”. Post Office management “seems blind to such possibilities”.[7]
Data rights feature again in this drama in Episode 3. When it becomes apparent that the Post Office is closing down mediation, Mr Bates suggests to those involved they make requests for their personal data. In a later shot Toby Jones holds up heavily redacted papers in disbelief, the material is so heavily redacted that it is laughable. The character Jo Hamilton (who later had her conviction quashed)[8] says to him that important documents about her are clearly missing. More information about these requests is not available; however, again it highlights the importance to individuals of these rights when all other avenues are exhausted.
The crucial takeaways from these cases underscore the significance of the work carried out by information rights professionals from the organisation’s standpoint and that of the requestors. The Freedom of Information Act stands out as a unique piece of legislation, serving the rare role of holding sometimes massive government organisations accountable, although, in this specific case, it appears that it did not yield any discernible benefits.
Instances like this underscore the critical importance for organisations to:
Prioritise Requests:
Organisations should treat requests with the utmost seriousness, including when the requester has exhausted internal avenues for complaint.
Humanise Requestors:
Recognising that requestors are real people is paramount. While a minority of vexatious individuals may pose challenges, these communication channels can play a pivotal role in helping someone comprehend something of profound significance in their life or work.
Invest in Training:
It is imperative to invest in the proper training of those handling requests. A thorough understanding of exemptions and procedural rules is crucial for ensuring that responses are not only timely but also compliant with regulations. FOI/DP professionals with adequate training can ensure a comprehensive and just response.
Promote Awareness Among Senior Management:
Organisations must ensure that senior management comprehends the importance of the work undertaken by data rights professionals. Acknowledging the often public-facing nature of their role is crucial. This awareness ensures that the significance of safeguarding data rights permeates the entire organisational hierarchy, fostering a culture of accountability and responsibility.
The unfolding drama has captivated and frustrated me in equal measure. Having navigated my fair share of demanding requests as a Data Protection Officer (DPO), this experience serves as a stark reminder of the significance of our work. It reinforces the notion that what we do carries weight and importance.
In reflecting on this case, I am inspired to incorporate it into my training sessions. I see it as an invaluable opportunity to stimulate meaningful discussions. It is crucial to underscore that data rights hold profound significance for each of us, and this case serves as a poignant example of why we must remain vigilant and committed to upholding them.
Naomi Korn Associates support our clients to comply with the law through better rights and privacy management. We also have training courses available on all aspects of Data Protection and Freedom of Information, and are very excited that spring and summer 2024 dates are to be revealed soon. Contact us to find out more about the services we provide, and sign up to our newsletter and follow us on LinkedIn: Naomi Korn Associates to keep up to date.
[1] Mr Bates vs The Post Office: How a TV drama shook up Britain – in just a week – BBC Culture
[2] Mr Bates vs The Post Office, Episode 2, ITV
[3] Post Office Limited – view and make Freedom of Information requests – WhatDoTheyKnow
[4] Alan Bates FOIA Response 12.05.14.pdf (whatdotheyknow.com)
[5] Freedom of Information Act 2000 (legislation.gov.uk)
[7] Jailed and bankrupt because of “unfit” Post Office IT? What now? | Campaign4Change
[8] What happened to Jo Hamilton from Mr Bates vs The Post Office? | Radio Times