The bailiff failed to comply with a Subject Access Request. Can they still use my data in Court?

Yes

Failing to comply with a Data Subject Access Request is a breach of the Data Protection Act 2018.^[1][2]

If the bailiff company fails to comply, the person who is the data subject, may apply to the court to force the bailiff company to make disclosure.^[3]

Alternatively, the data subject may make a complaint to the Information Commissioner.^[3]

The Information Commissioner will report whether the bailiff company is in breach, however, the Information Commissioner's findings can be contradicted by a court and make a judgment against a complainant.^[5]

If a bailiff company has told you the data or body-worn camera recordings have been deleted, they cannot reuse the data at court without attracting liability for a breach of the Data Protection Act 2018. You can exhibit a copy of the bailiff's notice of deletion and place it before the court.

^{[1] Section 45 of the Data Protection Act 2018
[2] Section 94 of the Data Protection Act 2018
[3] Section 94(11) of the Data Protection Act 2018
[4] Make a Complaint to the Information Commissioner
[5] Mr Justice Stephen Morris in Bennison v Harding. HQ17MO3226.}