covert information

Link: [1]File-List

6 January 2009

Reference: IRQ0228300

Dear Mr Morris

Thank you for your email dated 27 December 2008 in which you have made a
request for information to the Information Commissioner’s Office.

You have asked whether “the Information Commissioner or its officials
engage in covert correspondence or communication.” 

Technically your email is an enquiry rather than a request for information
held by the Information Commissioner’s Office.  Nevertheless, as you
have entitled your email ‘Freedom of Information request’ it is being
treated as such.

Unfortunately, however, it is not clear what you mean by the use of the
word ‘covert’ and, thus, what information you are seeking. 

  

As you are probably aware, the Information Commissioner administers the
Data Protection and Freedom of Information Acts, the Environmental
Information Regulations and the Privacy and Electronic Regulations. 

We handle enquiries about all of these pieces of legislation, and deal
with complaints that organisations have failed to comply with their
requirements.  

Generally speaking we would hope to be as transparent as possible and none
of our correspondence in connection with these matters is considered to be
‘covert’ in the sense that it is not secret.

However we do not, as a matter of course, provide copies of our
correspondence with an organisation which is the subject of a complaint,
to the individual who has made the complaint.  Nevertheless, if a
complainant asks to be provided with this correspondence we will provide
it, except in a few exceptional circumstances where it is appropriate for
it to be withheld under an appropriate exemption, or where information has
been provided to us in confidence. 

For instance, we will ask an organisation for a copy of the information
which has been withheld from an individual who has made a request under
the Data Protection Act 1998 or the Freedom of Information Act 2000.  We
do this in order to come to a view as to whether it has been withheld in
accordance with an exemption in the relevant Act. 

The information is therefore provided to us by the organisation concerned,
in confidence.  We would not disclose it or any correspondence containing
references to it, to the complainant.  If  we come to the view that the
information has been improperly withheld, we instruct the organisation to
provide it to the individual who has made the request.   

Therefore, to respond to your question directly, we do not hold any
information which falls within the scope of your request.  However, if we
have misinterpreted your request, and you wish to provide clarification,
do please let us know.

Alternatively, if you are dissatisfied with this  response and wish to
request a review 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 complaint or a Data Protection Act request for assessment online.

 

A copy of our review procedure is attached.

Yours sincerely

Angela Ellison (Mrs)

Assistant Internal Compliance Manager

 

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/rad42BAE_files/filelist.xml
2. mailto:[email address]

Link: [1]File-List

12 January 2009

Reference: IRQ028300

Dear Mr Morris

Thank you for your email dated 7 January 2009. 

I note that your comments.  However there is really nothing further that
I can add, except perhaps, to point out that under section 59 of the Data
Protection Act 1998 members of the Commissioner’s staff may commit an
offence if they disclose information which has been furnished to the
Commissioner, without lawful authority.  This applies to the type of
information to which I referred in  my previous email. 

Yours sincerely

Angela Ellison (Mrs)

Assistant Internal Compliance Manager

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/radC99A9_files/filelist.xml

Link: [1]File-List

27 January 2009

Reference: IRQ0228300

Dear Mr Morris

Thank you for your email dated 20 January 2009.

I am sorry you consider that I do not understand the meaning of the word
‘covert’.  My understanding is based on the dictionary definition.

When a Casework and Advice Office is allocated a complaint made to the ICO
under the Data Protection Act 1998, the Casework Officer will make an
assessment as to whether or not there has been a breach of the Act in that
particular case.  The Casework Officer will make the assessment on the
basis of the information provided by the complainant.  If necessary he
will also contact the data controller which is the subject of the
complaint, for further information. 

If the Casework Officer subsequently makes an assessment that there has
been a breach of the Data Protection Act 1998 he will notify the
complainant and the data controller of this.  In some cases it may be
necessary for the data controller to take subsequent steps to prevent that
breach, or any further similar breaches.    

You have asked what one should do if one suspects that the ICO’s
representative ‘is guiding a data controller in preventing ones access
to required information’. 

If a complainant is in any way unhappy with the manner in which his
complaint has been dealt with he should make a case review and service
complaint using the relevant form -
[2]http://www.ico.gov.uk/upload/documents/l...

I hope this provides you with the information you require.

Yours sincerely

Angela Ellison (Mrs)

Assistant Internal Compliance Manager

 

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/rad348CE_files/filelist.xml
2. http://www.ico.gov.uk/upload/documents/l...

Link: [1]File-List

12th March 2009

Case Reference Number IRQ0228300

Dear Mr Morris

Thank you for your further email addressed to my colleague Mrs Ellison.

Your email wanted additional advice concerning ‘covert
correspondence’. However having read through the thorough advice that
Mrs Ellison has previously given you I feel that there is no further
information or advice that we can provide you with relating to the way we
investigate complaints brought to this office.

As there is nothing further we can add we will not correspond to any
further e-mails relating to ‘covert correspondence’

Yours sincerely

Charlotte Powell

Internal Compliance Manager

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/rad231C6_files/filelist.xml