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European Commission; First Stage of Infringement Proceeding

P. John made this Freedom of Information request to Department for Business, Enterprise and Regulatory Reform

The request was refused by Department for Business, Enterprise and Regulatory Reform.

From: P. John

13 June 2009

Dear Sir or Madam,

on 14 April 2009, the UK were given two months to respond to
infringement proceedings initiated by the European Commission
(64/08/INSO).

The proceedings arise following the covert trials of Phorm/121Media
interception and surveillance systems by BT Internet on hundreds of
thousands of its customers, and the web sites they used.

The last working day for the UK Government to submit a response was
Friday 12 June 2009.

Please will you

- confirm or deny that a response has been submitted

- indicate which Department of Government was responsible for
submitting the response

- disclose the content of that response in full

- disclose the content of correspondence between BERR
and the European Commission concerning the same matter

- disclose correspondence between the BERR and other UK
government departments contributing to the response concerning the
same matter

Yours faithfully,

P. John

Link to this

From: Balchin Patrick (BR2)
Department for Business, Enterprise and Regulatory Reform

13 July 2009


Attachment Reply of 10 July 2009 to Peter John.pdf
174K Download View as HTML


Dear Mr John
Please see the attached reply to your FoI request
Yours sincerely
patrick Balchin

Patrick Balchin,
BIS - Department for Business, Innovation & Skills
1 Victoria Street
London
SW1H 0ET
Direct Tel: 0207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/
<<Reply of 10 July 2009 to Peter John.pdf>>

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.getsafeonline.org/

Link to this

From: P. John

13 July 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Department for
Business, Enterprise and Regulatory Reform's handling of my FOI
request 'European Commission; First Stage of Infringement
Proceeding'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/eu...

Please could you reconsider the public interest
exemption. The public interest is best served by openly and
transparently disclosing the reasons why the UK Government either
failed to enforce the Regulation of Investigatory Powers Act/Data
Protection Act/Privacy in Electronic Communications Regulations
(among others), or in the alternative, failed to correctly
implement the European Directives highlighted by the EC Infraction
proceedings.

Yours faithfully,

P. John

Link to this

From: P. John

30 September 2009

Dear Sir or Madam,

please can I chase progress on this internal review?

http://www.whatdotheyknow.com/request/eu...

The public interest is best served by openly and transparently
disclosing the information requested.

It has taken the CPS almost a year to consider the evidence of
criminal offences by BT/Phorm.

I am particularly keen to know what explanation was provided to the
European Commission that might explain this extended delay, and so
understand the ongoing failure to prosecute executives of BT/Phorm
for illegally intercepting UK personal and commercial
telecommunications without authorisation or licence.

Yours faithfully,

P. John

Link to this

From: Balchin Patrick (IE)
Department for Business, Enterprise and Regulatory Reform

2 October 2009


Attachment Letter from Philip Rutnam to Mr P John re Freedom of Information case 09 0807 Internal Review.pdf
258K Download View as HTML


Dear Mr John

Thank you for your e-mail of chasing the internal review to your Freedom
of Information case.

I am sorry that you do not appear to have received the result of the
review. I have to tell you that the review was completed on 10 July 2009
and the letter informing you of its result was posted to you on 31 July
2009.

Please find attached an electronic copy of the internal review for your
information.

I hope this helps.

Yours sincerely

Patrick Balchin

<<Letter from Philip Rutnam to Mr P John, ~ re Freedom of Information case
09 0807 Internal Review.pdf>>

Patrick Balchin,
BIS - Department for Business, Innovation & Skills
1 Victoria Street
London
SW1H 0ET
Direct Tel: +44 (0) 207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.getsafeonline.org/

Link to this

From: P. John

2 October 2009

Dear Mr Mr Rutnam/Mr Balchin,

many thanks.

In passing, the prolonged secrecy surround this matter is
confounding to many like me.

I am perplexed by the failure of the Government, regulators, and
Police to act against a private sector company that has quite
clearly broken the law.

I'm surprised by the silence of Government Ministers.

And increasingly concerned by the refusal to justify or explain
this inaction to UK citizens (though you are evidently prepared to
provide the same to the European Commissioners).

UK citizens and UK businesses are owed an explanation.

Yours sincerely,

P. John

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