Dear Mr Riley

Thank you for your e-mail of the 10^th November 2009 asking for an internal review of HMP Leeds IMB's handling of your request asking for details of complaints made by yourself.

There is no right of internal review in the DPA, and therefore your request for an internal review has been treated as a complaint. I have investigated the handling of this case, and it is my view that your requests were properly handled as a Subject Access Request (SAR) under the Data Protection Act 1998 (DPA).

It may help if I clarify that whilst the Freedom of Information Act is free all requests for personal data have to be dealt with under the Data Protection Act which always have a standard fee. I hope this explains why as your request is for your personal information it would have to be dealt with as a subject access request under the Data Protection Act.

I can confirm that your request has not been progressed because you have not provided the £10 administration fee requested from you via e-mail on the 12^th October 2009. I have to inform you that unless you provide the fee and the additional proof of identity information that we require that no action can be taken regarding your subject access request and that it can not be completed.

As explained above Freedom of Information requests are free but subject access requests which is what you have made in this case always require payment of a £10 fee. Your personal data is not accessible under FOI but only through DP for which the standard charge applies.

The only time the charge is not levied is when the applicant is requesting what is called open documents ( business as usual) e.g. copies of recategorisation forms or a parole dossier. Although sometimes the prisons will make a charge for providing a second copy of these. Your request specifically asks for all (non confidential) details and emails so it would require the fee payment.

It is open to you, should you wish, to complain about the handling of your SAR to the Information Commissioner's Office, who can review the handling of this case.  If you wish to approach the Information Commissioner, you can contact him at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Internet: www.ico.gov.uk

If you wish to submit a new DPA, FOIA or EIR request, please write to the following address:

Data Access & Compliance Unit

Ministry of Justice

6th Floor

102 Petty France

London

SW1H 9AJ

E-mail: [email address]

Yours Sincerely

Carl Pencil

Data Access and Compliance Unit

Internal Review Team