Email sent 18 July 2007 (copied to Jeroen van der Veer, Jorma Ollila and Malcolm Brinded)
Dear Mr Brandjes
You were kind enough to set in motion our application under the UK Data Protection Act.
Since we do not have an email address for the Company Secretarial, I would be grateful if you could kindly pass on to them this response to their letter hand delivered to us by courier at 9pm on Friday 13th July 2007.
18 July 2007
Shell International Limited
London SE1 7NA
DATA PROTECTION ACT – SUBJECT ACCESS REQUEST
Thank you for your letter dated 13 July 2007 and for the two lever arch files full of documents supplied to us under the provisions of the Subject Access Request dated 31 May 2007 (the “SAR”).
Your letter contained the following paragraph
We acknowledge receipt of your further subject access request, dated 20 June 2007 relating to the litigation in the United States District Court District of New Jersey: (iv: No. 04-374(JAP). Please note that we are treating this as a second subject access request from you and we will be responding to this in due course in accordance with our legal obligations. Unfortunately, the information you have provided is insufficient to enable us to locate the information which you seek and we therefore request that you provide us with more detailed information regarding the nature of the information you seek and its likely sources, for example, further detail of the names of those involved, the date of the litigation to which you refer etc. Once this further information is received your application will be processed.
We are aware that our names were raised by Shell in depositions relating to Mr Peter M Wood, the UK national resident in Andorra who, with the relevant U.S. courts consent, is acting as a class representative of all qualified non-American Shell shareholders in the above litigation (relating to the Shell reserves securities fraud revealed in 2004). During the deposition process, Shell asked about our involvement and the involvement of our website www.royalutchshellplc.com in connection with the recruitment of Mr Wood. As it states on the Wikipedia article about our website “A Shell shareholder to represent all non holders of Royal Dutch Shell stock was found following an appeal published on the Donovan website on 20 January 2006”. This was the matter which Shell focused on. The appeal followed a pre-arranged conference call between me (John Donovan) and senior partners of the lead plaintiff NY lawyers, Bernstein Liebhard & Lifshitz LLP.
This is the link to the motions subsequently filed with the relevant U.S. Federal court in March 2006. It follows that the relevant depositions took place after March 2006.
Turning to the completeness of the information provided to us under the Data Protection Act, we do not appear to have been supplied with a copy of a Shell internal email sent by Shell International General Counsel, Mr Richard Wiseman, at 3.51pm on Thursday 24 June 2004 to Shell Executives Jeroen van der Veer and Malcolm Brinded. It stated “I am getting PX to send out our usual response to the Association of British Insurers. I will also let Mark Moody-Stuart know that Donovan is now accusing Mark’s brother of being in on the act”. Thus far we have also not been able to locate the mentioned “usual response” sent out by “PX”, which implies that responses were sent not only to the Association of British Insurers, but also to a number of other parties. These apparent omissions of recent communications lead us to wonder how much other information covered by the SUBJECT ACCESS REQUEST has not been supplied.