Information Access Team
Ground Floor, Seacole Building, 2 Marsham Street, London, SW1P 4DF
Switchboard 020 7035 4848 Direct Line 020 7035 1022
[email address] [email address]
www.homeoffice.gov.uk
Mr Phillip Main
[email address]
Date: 24 February 2010
Dear Mr Main
Freedom of Information request (our ref. 13690): internal review
Thank you for your e-mail of 6 January, in which you asked for an internal review of the
Home Office response to your information request of 17 December 2009.
I have now completed the review. I have examined all the relevant papers and have
consulted colleagues who provided the original response. I have considered whether
the correct procedures were followed and assessed the reasons why information was
not provided to you. I confirm that I was not involved in the initial handling of your
request.
My findings are set out in the attached report. My main conclusion is that your request
of 17 December 2009 should not have been judged as vexatious and should have been
answered, as a general enquiry rather than as a Freedom of Information request.
You (and Mr John) asked where the public can report concerns about criminal offences
by Internet Service Providers who intercept and monitor the content of communications
traffic without the consent of sender or recipient. Criminal offences are matters for the
police.
In addition, interception may in some circumstances be a matter for the Investigatory
Powers Tribunal, which was set up by the Regulation of Investigatory Powers Act 2000,
to deal with complaints from members of the public about the use or conduct by public
authorities of their statutory powers under the Act. The Tribunal can be contacted at:
Investigatory Powers Tribunal
PO Box 33220
London SW1H 9ZQ
Tel: 020 7035 3711
Website: http://www.ipt-uk.com/default.asp
The Tribunal can investigate a complaint if it relates to a power held by the organisation
complained about under the Regulation of Investigatory Powers Act (RIPA). The
Tribunal has no jurisdiction to investigate complaints about private individuals or
companies unless you believe that they are acting on behalf of an intelligence agency,
law enforcement body or other public authority covered by RIPA.
The Information Commissioner has legal powers to ensure that organisations comply
with the requirements of the Data Protection Act. More information is available on the
Information Commissioner’s website at:
http://www.ico.gov.uk/what_we_cover/data_protection.aspx.
The Information Commissioner can be contacted at the address given at the end of this
letter.
You may also wish to be aware of a written answer given by Lord West on 22 May 2008
to a question from the Earl of Northesk about computer misuse and data protection,
which is available in Hansard at the following link:
http://www.publications.parliament.uk/pa/ld200708/ldhansrd/text/80522w0001.htm#0805
2263000684.
This completes the internal review process by the Home Office. If you remain
dissatisfied with the response to your request, you have the right of complaint to the
Information Commissioner at the following address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Yours sincerely
Adrian Brook
Information Access Team
