Commissioner's Correspondence with the BBC

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12th October 2009

Case Reference Number IRQ0273319

Dear Mr Ormerod

Thank you for your correspondence dated 9 October 2009 in which you make a
request for information.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 6 November 2009 which is 20
working days from the day after we received your request.

If you wish to add further information to your request please reply to
this email, being 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

Charlotte Powell

Internal Compliance Manager

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

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6th November 2009

Case Reference Number IRQ0273319

Dear Mr Ormerod

Further to our acknowledgement dated 12 October 2009 we are now in a
position to respond to your request for information.

On 9 October 09 you requested the following information:

1. Please disclose copies of all emails sent by Christopher Graham

to any '@bbc.co.uk' email address, and copies of all emails

received by Christopher Graham from '@bbc.co.uk' email addresses

since Mr Graham took up his position as Information Commissioner.

2. Please disclose details of all meetings Christopher Graham has

had with BBC employees or trustees since becoming Information

Commissioner (regardless of venue). Details are to include date of

meeting, attendees, agendas, minutes.

Question 1

Please find attached a copy of the Following;

· Copy of an email from [name redacted] dated 29 June 2009 at
14:18, subject “Farewell to the ASA” name and part of the contents
redacted under section 40 (2) of the FOI Act

· Copy of the response from Christopher Graham at 16:45. Name of
recipient redacted under section 40(2) of the FOI Act.

· Copy of string of emails from [name redacted] at the BBC dated
21 July 09 at 15:40 and response from Christopher Graham dated 21 July 09
at 17:55. Names redacted under section 40 (2) of the FOI Act.

· Copy of an email dated 31 July 09 at 9:22 from Christopher
Graham to [Names redacted] at the BBC. Names have been redacted under
section 40 (2) of the FOI Act.

· A response to the above email from the BBC to Christopher Graham
dated 31 July 09 at 9:56. Names redacted under section 40 (2) of the FOI
Act.

We have redacted some names and contents of emails under section 40 (2) of
the Freedom of Information Act (FOI).We have also redacted the names of
ICO staff who forwarded emails to the inbox of Christopher Graham in line
with our policy on releasing staff names. Full clarification of our
reliance on section 40 (2) exemption will follow.

Please find below a list of the emails received from the BBC email address
and a list of the responses. The contents of the emails and the names of
senders have redacted under section 40 (2) of the FOI Act. An explanation
of section 40 will follow.

· An email from [name redacted] at the BBC to Christopher Graham
dated 29 June 09 at 10:03. Contents and name redacted under section 40 (2)
of the Freedom of Information Act.

· An email from Christopher Graham to [name redacted] at the BBC,
dated 29 June 2009 at 12:11.Contents and name redacted under section 40
(2) of the FOI Act.

·  An email from [name redacted] at the BBC, dated 29 June 2009
at 12:30. Contents and name redacted under section 40 (2) of the FOI Act.

· An email from [name redacted] at the BBC dated 13 July 09
at14:54. Name and content redacted under section 40(2) of the FOI Act.

·  An email from [name redacted] at the BBC dated 4 September at
09 3:41.Contents and name redacted under section 40 (2) of the FOI Act.
Subject of email “RE: What I have Been Doing this week”

· An email dated 4 September 09 at 11:41 from [name redacted] at
the BBC to the Christopher Graham. Contents and names redacted under
section 40 (2) of the FOI Act. Subject of the email “RE: What I have
Been Doing this week”

·  Response from Christopher Graham on the same day at 11:47.
Name of recipient and contents redacted under section 40 (2) of the FOI
act.

· An email from Christopher Graham to [redacted name] at the BBC
dated 4 September 09 at 11:48

·  A response from [name redacted] at the BBC to the Commissioner
dated 4 September 11:59, name and contents redacted under section 40 (2)
of the FOI Act

Explanation of section 40 (2) of the Freedom of Information Act

We have withheld information in accordance with Section 40(2) by virtue of
s 40 (3) a (i) of the FOI Act which allows a public authority to withhold
information from a response to a request when the information requested is
personal data relating to someone other than the requestor, and its
disclosure would contravene one of the Data Protection principles.

In this instance we consider that such a disclosure would be unfair to the
third party individuals and in breach of the first Data Protection
principle which states that – “Personal data shall be processed fairly
and lawfully”.

 It may be worth clarifying that, while there has been correspondence
between Christopher Graham and individuals at the BBC email address, the
correspondence was of a personal /social nature between Mr Graham and
colleagues who worked with him or knew him before he took up the office of
Information Commissioner. The correspondence and the contents were not
directed to him in his capacity as “Commissioner” and his response to
the correspondence was related to personal issues. As such, the withheld
emails were deemed to be personal data under the terms of the Data
Protection Act. Neither the senders nor the Commissioner have the
expectation that correspondence of a personal nature would be released,
therefore we consider that such a disclosure would be unfair and in breach
of the first Data Protection principle.

We have also redacted the names of our employees in our Corporate Support
Unit. This information has been withheld in accordance with Section 40(2)
of the FOI Act by virtue of s 40 (3) a (i) as explained above. It is the
policy of the ICO to only disclose the names of its employees who are
either above a certain grade or those who are customer facing. In this
instance this name does not fall within our disclosure criteria.

Question 2

“2. Please disclose details of all meetings Christopher Graham has

had with BBC employees or trustees since becoming Information

Commissioner (regardless of venue). Details are to include date of

meeting, attendees, agendas, minutes. “

We do not hold information in relation to this request.

I hope the above information is of assistance to you.

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 Team
at the address below or e-mail [2][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 Case Reception 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,

Iman Elmehdawy

Assistant Internal Compliance Manager

Information Commissioner’s Office

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

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