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Mr Jones made this Freedom of Information request to Department for Communities and Local Government
The request was refused by Department for Communities and Local Government.
From: Mr Jones
18 August 2011
Dear Department for Communities and Local Government,
Following up Derek Tickles' and Amy Fishers' recent request on
DCLG's Barrier Busting website:
(http://barrierbusting.communities.gov.uk/)
Can I request the following information?
1) How much has be spent on developing the website and how much is
being spent on maintaining, updating, moderating website.
2) Who built the website and how many person days were involved in
the development and project management,
3) Number of pageviews and unique visitors by month since launch.
I am surprised that DCLG have gone out of their way to not answer
this simple request and particularly intrigued to know whether they
have anything to hide.
I look forward to your prompt response
Yours faithfully,
Mr Jones
From: Martin Harding
Department for Communities and Local Government
19 August 2011
Dear Sir/Madam
I am replying to your request for information of 18 August 2011 concerning
the Barrier Busting website.
The Department has noticed that your request for information is very
similar to a request for information made previously to the Department in
the name of "Derek Tickles". We have reason to believe that your request
may in fact be a repeat request submitted by or on behalf of the same
person.
The Department will not, therefore, proceed to consider your request until
you are able to provide authentic identification which verifies who you
are, for example an original utility bill (not a photocopy or scanned
version) showing your full name and postal address or a photocopy of your
driving licence or passport. On receipt of such evidence, the Department
will progress your request and will of course be happy to return any
hardcopy documentation to you without keeping a copy on file.
I apologise in advance for any inconvenience that providing proof of
identity may cause you.
If you are unhappy with this decision, and object to providing proof that
you are using your real name, you can appeal to the Information
Commissioner, who oversees compliance with the Freedom of Information Act
2000. Details of what you need to do, should you wish to pursue this
course of action, are available from the Information Commissioner's
website [1]http://www.ico.gov.uk/.
Martin Harding
Department for Communities and Local Government
FOI Advice Team
D/06 Ashdown House
St. Leonards on sea
Tel: 0303 44 41025
Â
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References
Visible links
1. http://www.ico.gov.uk/
From: Mr Jones
20 August 2011
Dear Mr Harding,
It is observant of you to note that my request is identical to
previous requests that have been submitted to DCLG. I am sure you
are equally aware that this simple request has not be answered to
date by DCLG though it has been asked multiple times by different
people.
Your delaying tactics are intriguing. Unfortunately I am unable to
provide you with proof of my identity.I am a citizen of Azerbaijan
and live 4 kilometres, outside Shirvan. I do not posses a passport
and live at the school where I teach (English) and have no access
to utility bills.
If you wish to send a representative from DCLG to our capital,
Baku, I could meet them at the airport and prove my identity. I
expect to make the trip to Baku in November.
If you insist the burden of proof of identity falls on the
requester, then please can you explain why I am being treated
differently from others and release any polices that pertain to
this direction.
My understanding of the Freedom of Information Act is that requests
are not limited to residents of the UK; hence I would be grateful
if you would treat my request with the same respect that you treat
other requests.
I look forward to you releasing the requested information 20
working days from the original request date and continue to
encourage transparency in central and local government.
Yours sincerely,
Mr Jones
From: Martin Harding
Department for Communities and Local Government
20 August 2011
I am out of the office and will be back on Wed 31 August. For advice on
handling FOI requests please e-mail "clg-foiadvice". For urgent and data
protection matters please contact Richard Smith.
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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
From: David A. Smith
Department for Communities and Local Government
22 August 2011
You should attend the British Embassy in Baku (address: British Embassy,
45 Khagani Street, Baku AZ1010) when you visit in November and present
them with your identity card, indicating that you are confirming your
identity in respect of the above FOI request, and asking that confirmation
be emailed to the Department for Communities and Local Government FOI
team. When we receive confirmation of your identity from the embassy we
will proceed to consider your request.
I apologise in advance for any inconvenience that providing proof of
identity may cause you.
If you are unhappy with this decision, and object to providing proof that
you are using your real name, you can appeal to the Information
Commissioner, who oversees compliance with the Freedom of Information Act
2000. Details of what you need to do, should you wish to pursue this
course of action, are available from the Information Commissioner's
website [1]http://www.ico.gov.uk/.
David Smith
Deputy Director - Knowledge Management Division
Department for Communities and Local Government
2/A5 Eland House
Bressenden Place
London SW1E 5DU
0303-444-2516 (T)
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
References
Visible links
1. http://www.ico.gov.uk/
Mark Goodge left an annotation (23 August 2011)
On the other hand, this does have all the hallmarks of a series of sock puppets, and any organisation is perfectly entitled to decline to respond on those grounds.
It really doesn't help things when people mess around with the system like this. If an organisation fails to respond appropriately, then there are channels for appealing that. Alternatively, if the original request is reasonable, there are plenty of WDTK users who can offer advice in how best to proceed. Deliberately gaming the system only makes it harder for other, legitimate requesters to get answers to their questions.
Jess Trevitt left an annotation (23 August 2011)
I agree completely with Mark. Responding to FOI requests takes the time of both the FOI officers and specialist staff who FOI teams liaise with very closely to provide comprehensive accurate answers to requestoers
Stephen Peach left an annotation (23 August 2011)
I understand the concerns (genuinely i do - as i said above DCLG are generally good at meeting the FOI obligations - a case in point is my recent request to them: http://www.whatdotheyknow.com/request/me...) I think some of the requests are legitimately requests that should be refused on vexatious grounds. However, it seems to me notwithstanding the tone of some requests the actual information requested are consistently requests for legitimate information in which there is a public interest. So, if DCLG refuse a request from 'Mr Pickles' and someone (not the same person) makes a request for the same information because they want the information Pickles requested then the chances are that DCLG on current policy will refuse to consider until proof of indentity and the concomitant invasion of privacy (albeit not a terrible one) has been provided.
Therefore, such a person would have to prove the right to request information which is in fact theirs in statute (irrespective of nationality or location - and hence quite possibly without access to the information DCLG demand which would result in a person being deprived of their rights in UK law). That in my view is an unlawful gatekeeping of the FOI democratic rights which the Act never accorded to DCLG.
Notwithstanding that, Information Tribunal caselaw makes clear that the real name requirement (personhood)in s.8 is not synonymous with individual identity in any case, so a request made in the name of someone other than an individual identity may nontheless be a valid request for information under the legislation.
Rant over but hopefully not "ranty politics" :-)
Stephen Peach left an annotation (23 August 2011)
Perhaps one route would be for WDTK to censor all requests of Mr Tickles - request the actual information requested but not the "fluff" (albeit fluff that can be pretty funny - however inappropriate) since that seems to be DCLG's major gripe.
It probably wouldn't change much - Mr Tickle's would i'm sure switch to email rather than WDTK - but the offence (if there is any on DCLG's part) would be less public.
Mark Goodge left an annotation (23 August 2011)
It's the sort of thing that was somewhat funny the first time, but - like the zombie invasion requests - wears thin very quickly when repeated.
Stephen Peach left an annotation (23 August 2011)
At some point Mr Pickles morphed into Mr Tickles in my comments, i'm not sure how that happened. On the zombie front this request (or rather the answer) does takes some beating: http://www.whatdotheyknow.com/request/pr... but by and large I agree it's far from helpful.
Robert Simpson left an annotation (30 August 2011)
A person who randomly shows up at the embassy asking to prove their identity for a UK FOI request will very likely be turned away by guards before they even get to the front door.
If the department is serious about requiring the applicant to show ID, they should specify exactly who should be contacted in the embassy, and in which department. Is it consular services (not likely since this is not a British citizen)? The ambassador's office? Where and who exactly?
This is a bit of a farce, even if the original applicant is quite possibly made up.
From: Mr Jones
31 August 2011
Dear David A. Smith,
I have sent a email with proof of my identity to the British
Embassy. I have requested that they contact you directly.
Please confirm this has happened.
I am surprised the level I have to go to to access this
information. Is it a state secret?
Yours sincerely,
Mr Jones
From: David A. Smith
Department for Communities and Local Government
31 August 2011
I am currently out of the office returning on Thursday 1 September. I
will deal with your enquiry when I return.
If you have an FOI issue, please contact Richard Smith.
If you have a records management issue, please contact Jason King.
If you have a KM/Library issue, please contact Maewyn Cumming.
This email has not been forwarded.
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Chris left an annotation (12 September 2011)
"Turn up at the embassy"? Surely with this response they've already got a urine sample?
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Stephen Peach left an annotation (22 August 2011)
If they think a request is out of order they already have a course of action in s. 14 of the Act (vexatious) and if the information is repeated then the info is likely to be in the public domain and hence exempt anyway. If DCLG think more's needed then they should lobby for changes in the current consultation of FOI with the Cabinet Office. They should not instead invent powers which the Act does not accord them on a whim.
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