Followup: FOI & EIR complaints - lack of jurisdiction - not a public authority

Link: [1]File-List

6th April 2009

Case Reference Number IRQ0242345

Dear Mr Collingbourne

Thank you for your email of 5 April 2009 in which you have made a request
for information to the Information Commissioner’s Office.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 6 May 2009 which, taking into
account the Good Friday and Easter Monday bank holidays and the May bank
holiday, is 20 working days from the day after we received your request.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

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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/rad612EE_files/filelist.xml

Link: [1]File-List

6th May 2009

Case Reference Number IRQ0242345

Dear Mr Collingbourne

Request for Information

Further to our acknowledgement of 6 April 2009, as you know we had hoped
to be in a position to provide you with a response to your FOI request of
5 April 2009 within 20 working days of receipt of your request, ie by 6
May.

Unfortunately we are still in the process of preparing the information you
have asked for, and as a result we are not going to be able to respond to
your request by the end of today.  However, we will do everything
possible to provide you with a full response to your request by the end of
the day tomorrow, 7 May 2009.

Please accept our apologies for this slight delay.

Yours sincerely

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

01625 545894

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/radADE89_files/filelist.xml

Link: [1]File-List

7th May 2009

Case Reference Number IRQ0242345

                

Dear Mr Collingbourne

Request for Information

Further to my e-mail yesterday we are now in a position to provide you
with a response to your request for information dated 5 April 2009. 
Please accept our apologies for the delay in our response. Furthermore due
to the size of the attachments we have had to send them separately.

In your e-mail of 5 April you asked:

“I would like to request, for each of the following complaints made to
the ICO, a copy of the ICO's letter to the complainant informing them of
the ICO's decision that the request was not made to a public authority. I
would also like to request a copy of the complainant's original
information request, if details of the request are not present in the
ICO's letter.”

Please find enclosed copies of all the information covered by your
request.

I have created two new lists detailing the specific cases you expressed an
interest in, one listing those cases that relate to requests made under
the Freedom of Information Act 2000 (our reference is prefixed by
‘FS’) and those made under the Environmental Information regulations
2004 (prefixed by ‘FER’).  Where our casework management system has
recorded information incorrectly this is indicated on attached lists,
alongside the relevant reference number.

You will notice that some information has been withheld.

Firstly, the names and addresses of the individuals who made their
complaint to the Information Commissioner's Office have been removed from
all correspondence in order to protect their identities. 

As you may already know Section 40(2) of the Freedom of Information Act
2000 (FOIA), by virtue of section 40(3)(a)(i), allows a data
controller/public authority to withhold information from a response to a
request under the FOIA 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.

We consider that when individuals make complaints to the ICO they do not
anticipate or expect the details of their complaints, or any actions taken
by the data controller/public authority concerned or the Information
Commissioner in connection with their complaints, to be disclosed to
anyone else.  Therefore, we consider that such a disclosure would be
unfair and in breach of the first Data Protection principle which states
that – “Personal data shall be processed fairly and lawfully …”. 

Secondly, information has been withheld where it was not considered to
fall within the scope of your request (rather than in reliance on an
exemption).  Generally speaking this is in relation to the original
requests for information where the requester was providing the
organisation or individual concerned with background or historical
information, but did not form part of the actual request.

I hope that this provides you with the information you require.  However,
if you are dissatisfied with this response 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

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Tel: 01625 545894

[3]www.ico.gov.uk

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/radB4CE6_files/filelist.xml
2. mailto:[email address]
3. http://www.ico.gov.uk/

Link: [1]File-List

7th May 2009

Case Reference Number IRQ0242345

Dear Mr Collingbourne

Further to our previous e-mail please find attached the second document in
respect of your information request.

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/radB6AEF_files/filelist.xml