ICO Case Reference Number: RFAxxx327 – PGS Exploration UK Ltd HR Personal Data Processing – Misuse of Personal Data
UK Serious Fraud Office
Rune Olav Pedersen, PGS Exploration (UK) Limited (PGSUK) Director
Gottfred Langseth, PGS Exploration (UK) Limited (PGSUK) Director
Christin Steen-Nilson, PGS Exploration (UK) Limited (PGSUK) Director (no e-mail)
Carl Richards, PGS Exploration (UK) Limited (PGSUK) former Secretary
Caseworker(s) Information Commissioner’s Office
Gareth Jones, PGS Exploration (UK) Limited (PGSUK) Human Resources Manager
Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer
John Francas, PGS Exploration (UK) Limited (PGSUK) Head of Legal
Lars Mysen, Petroleum Geo-Services ASA (PGS) General Counsel
UK Companies House
Society of Exploration Geophysicists – Whistleblower
RE: Petroleum Geo-Services ASA (PGS) Abuse of Fiduciary Duty and Fraudulent Misrepresentation
My name is Steven D. Kalavity. I am a citizen of the United States of America (USA). I currently live in Chiangrai, Thailand on visa with my Thai wife and three Thai – American children. From 26 September 2010 through 31 December 2013, PGS Exploration UK Limited sponsored me and my family dependents on a Tier 2 visa.
On 29-Oct-2018, I am scheduled to attend a hearing in Thai Criminal Court for defamation claims made by PGS Exploration UK Limited, 4 The Heights, Brooklands, Weybridge, England, K.T13 0NY.
I am a whistle blower. I am the victim of crimes and my human rights continue to be violated through aggressive and unnecessary court actions forwarded in Thailand by PGS Exploration UK Limited directors and secretary (“directors”).
I believe that PGS Exploration UK Limited directors violated my human rights and breached General Data Protection Requirement regulations through illegally providing my passport and address information to the Thai legal firm. I had provided this information to the Petroleum Geo-Services ASA (PGS) Data Protection Officer (DPO) to process a recent subject access request. Petroleum Geo-Services ASA DPO provided no requested personal data, nor addressed my numerous questions. Instead, my passport and Thailand address information was used to track my travel plans.
The Thai case documentation was sent to my registered address when I was not in Thailand. The Thai legal firm photocopied my passport and it was included within the complaint. This data made locating me in Thailand easier. The Thai court date documents were sent to me by e-mail in the Thai language. I would need to return to Thailand to translate these documents and actually view the case documents. PGS Exploration UK Limited directors are using every devious trick to expedite these proceedings and limit my ability to defend myself. PGS Exploration UK Limited has not provided me with any answers, yet they are able to forward a defamation case as if the facts have been resolved.
PGS Exploration UK Limited directors have provided NO responses to the recent e-mails delivered to them:
· Letter to UK Companies House and Carl Richards, former PGS Exploration UK Limited Secretary (1-Oct-2018)
· Letter to Daphne Bjerke, Petroleum Geo-Services ASA (PGS) Data Protection Officer and ICO Caseworker (2-Sep-2018)
PGS Exploration UK Limited directors had to process this case in the Thai language. This process initiated long before I left Thailand for travel. I was never formally made aware of any such impending case. There is very little preparation time available to me to actually find if their actions are even legal. I do not believe that they are. PGS Exploration UK Limited directors have given the power of attorney to a Thai lawyer who has no knowledge of the merits of my whistle blowing claims. PGS Exploration UK Limited directors are abusing their fiduciary duties through providing such power of attorney to operate outside their legal jurisdictions as fiduciaries of an English company governed by English law.
The PGS Exploration UK Limited directors’ fiduciary duties are prescribed through the Companies Act 2006. English law covers claims of defamation or malicious falsehood. The settlement contract agreement at the center of the dispute is governed by the laws of England and contained mutual non-disparagement clauses. It is totally unnecessary and irresponsible for PGS Exploration UK Limited directors to engage a legal firm in Thailand to handle this issue. PGS Exploration UK Limited directors have no vested business interests in Thailand beyond persecuting me. Far less effort and resources would be involved to actually show proof that the settlement contract agreement, as well as supporting documents and processes, used to terminate my employment from PGS Exploration UK Limited as foreign worker was legal. The actual fiduciary duty of PGS Exploration UK Limited directors is to investigate and resolve whistle blower complaints.
The effort to destroy me and my family involves PGS Exploration UK Limited engaging a Thai law firm to translate several court documents and excerpts from my online publications from English into Thai. Aren’t Carl Richards and Rune Olav Pedersen qualified lawyers? What justifies this expense of money and resources? I still need to prepare for the case on 29 October 2018. There is another case 12 November 2018 if mediation discussions on 29 October 2018 are not successful. I will also have to incur the expense of translating my defense and defending content which I never published in the Thai language. All my content was published in English intended mostly for PGS Exploration UK Limited directors. I will not be able to confirm the quality of the Thai translation. I believe PGS Exploration UK Limited directors translating my content to Thai is fraudulent misrepresentation. Everything about this effort is unethical and mean-spirited. These actions are intended to break me and destroy my family. These are Petroleum Geo-Services ASA new values.
I have long contended that the settlement contract agreement between PGS UK Limited and me was not a legal instrument. I have found evidence that my rights to file a grievance were obstructed and denied and that the documents which occupy my PGS Exploration UK Limited personnel file are fabrications which support a performance based termination. The workplace abuses of harassment and bullying, along with contract breaches and health harming behaviors brought to light in my grievance document are not part of my PGS Exploration UK Limited personal data history. My human and legal rights of due process following my submitting a workplace grievance continue to be denied by PGS Exploration UK Limited directors.
My online publishing campaign was initiated because of the irresponsible and negligent behavior of PGS Exploration UK Limited directors. In over three years of sending e-mails, articles, and publishing content to get the attention of PGS Exploration UK Limited and Petroleum Geo-Services ASA agents there has been no response before the Thai legal action. The blog campaign could have never persisted this long had PGS Exploration UK Limited directors been doing their duty. I need help, but I do not know who to call anymore. Like a small flame left unattended, there is big fire. PGS Exploration UK Limited directors have over three years of published content to try to extinguish the flames. I am sad that my complaints and reports over the years to the UK Information Commissioner’s Office, UK ActionFraud, and UK Serious Fraud Office were not investigated. I am disappointed by the lack of courage and core values of my former hosts and work colleagues who have ignored the death of me and Petroleum Geo-Services ASA. If I die or commit suicide, PGS Exploration UK Limited and the English justice system murdered me. And all I ever really wanted was to send postcards from Thailand to remember our work and travels together.
Steven D. Kalavity