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 the Ministry of
Justice and the European Commission concerning the same matter

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

Yours faithfully,

P. John

Dear P. John,

Please find attached your acknowledgement to your Freedom of Information
request.

Yours sincerely

Hannah Law

(Sent on behalf of Darren Over)

Data Access & Compliance Unit

Postal Point 6.25, Zone B

102 Petty France

London SW1H 9AJ

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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<<Final response to Peter John 13 July 2009.DOC>> Dear Mr John,

Please find attached a response to your FOI request dated 13 June 2009.

Kavita Goburdhun
Information Policy
Ministry of Justice
6th Floor
102 Petty France
London SW1H 9AJ
Tel: 020 3334 3809

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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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 Ministry of Justice'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 can I ask that you reconsider the public interest exemption.
The public interest is best served by openly and transparently
disclosing the reasons why the UK Government 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

Dear Sir or Madam,

further to my request for an internal review, and concerning the
request for disclosure of correspondence between MoJ department and
other UK departments contributing to the response, Ms. stated that

"I have searched our records and I can tell you that we do hold
some information. However, some of this information is exempt under
Sections 27 and 35 of FOIA."

Noting that only some of the information is considered to be
exempt, when reviewing the reasons for non disclosure, please
disclose the remainder of the information which is not subject to
any exemption.

Yours faithfully,

P. John

Dear P John,

Please find attached your Freedom of Information request.

Yours sincerely

Katie Dimon

Data Access and Compliance Unit

Zone 6B

Post point 6.25

102 Petty France

London

SW1H 9AJ

This e-mail (and any attachment) is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be
intercepted and read by someone else. Please bear that in mind when
deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be read
at any time. You have a responsibility to ensure laws are not broken when
composing or forwarding e-mails and their contents.

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

Dear Mr John,

Please find attached a response to your Internal Review.

Yours sincerely,

Hannah Wright
Ministry of Justice | Data Access & Compliance Unit | 0203 334 5249

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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Dear Ms Wright,

many thanks for your reply.

Naturally, I'm disappointed. The level of secrecy surrounding the
Phorm affair has been remarkable, and does not serve the public
interest at all.

Yours sincerely,

P. John