ACS:Law investigation progress

Link: [1]File-List

31st January 2011

Case Reference Number IRQ0371764

Dear Mr Fletcher

Thank you for your email of 29 January 2011 in which you have made a
request for information to the Information Commissioner’s Office.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 25 February 2011 which is 20
working days from the day after we received your request.

Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the
information is added directly to your case. However, please be aware that
this is an automated process; the information will not be read by a member
of our staff until your case is allocated to a request handler.

Yours sincerely

Joanne Crowley

Lead Internal Compliance Officer

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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23rd February 2011

Case Reference Number IRQ0371764

Dear Mr Fletcher

I am writing further to our email dated 31 January 2011 in which we
acknowledged your request for information to the Information
Commissioner’s Office (ICO).

As previously explained we are treating your email as a request for
information made under the Freedom of Information Act 2000 (the FOIA). 
As you will appreciate requests made under the FOIA are requests for
recorded information, an authority is not under any obligation to create
information in order to answer a request.

Specifically you referred to your previous request to the ICO (our
reference IRQ0361673) about ACS Law and you asked several questions.  For
your ease of reference we will deal with each one in turn.

“1) Any reasons for the investigation not being completed within 3
months of the issue arising.”
We do not hold any recorded information which would answer this part of
your request.

“2) An explanation as to where the complexities in the investigation
arise (which could cause the delay at 1)).”

We do not hold any recorded information which would answer this part of
your request.

“3) Any internal targets for resolution of complaints of this nature,
and whether the investigation of ACS:Law's breach conforms to these
targets.”

In answer to this part of your request please be advised that the ICO does
not have specific targets for “complaints of this nature”.  However
the ICO’s Business Plans do make reference to 75% of “cases” dealt
with by our Enforcement Team being actioned within three months.  Our
business plans can be found on our website via the following link;
[2]http://www.ico.gov.uk/about_us/what_we_d...

“4) Why, given the huge number of letters (and hence affected members of
the public), the ICO has not seen fit to provide even cursory updates as
to the progress of the investigation. (such as: 'The ICO believes it has
carried out investigation sufficient to close 75% of the expected issues.
We hope we may be able to offer a final conclusion and report by
April').”

We do not hold any recorded information which would answer this part of
your request.

“5) Without prejudice as to whether sections have actually been
breached, what sections of the Data Protection Act 1998 are being
evaluated for compliance in the investigation of ACS:Law.”

In answer to this part of your request please be advised that the ICO’s
investigation is considering section 4(4) of the Data Protection Act 1998
(the DPA) which states;

“Subject to section 27(1), it shall be the duty of a data controller to
comply with the data protection principles in relation to all personal
data with respect to which he is the data controller.”

I trust that the above information is of use to you however if you are
dissatisfied with the response you have received and wish to request a
review of our decision or make a complaint about how your request has been
handled you should write to the Internal Compliance Department at the
address below or e-mail [3][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the First Contact Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely

Joanne Crowley

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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1. file:///tmp/rad226CA_files/filelist.xml
2. http://www.ico.gov.uk/about_us/what_we_d...
3. mailto:[email address]