Identity Checking

Alistair P Sloan made this Freedom of Information request to Bristol City Council

The request was partially successful.

From: Alistair P Sloan

26 October 2011

Dear Sirs,

This is a request for information in terms of the Freedom of
Information Act 2000. I seek information from Bristol City Council
in relation to their policy on checking the identity of applicants
making requests for information.

In response to a request for information from an applicant, Bristol
City Council advised that it had "now implemented a system to
randomly seek proof of identity".

I request that Bristol City Council release under the provisions of
the Freedom of Information Act 2000 the following information:

(a) the content of all documents outlining the council's policy on
checking the identity of an applicant making an FOI request;

(b) the content of all internal correspondence on the framing of
these policies and;

(c) the content of any correspondence between the Council and the
Information Commissioner's Office relating to the framing of these
policies.

For the purpose of this request the following terms should be taken
to have the meanings as given below:

"FOI" should be taken to mean both the Freedom of Information Act
2000 and the Environmental Information Regulations 2004

"applicant" should be taken to mean a person (natural or legal)
requesting information under the FOI provisions.

"natural person" should be taken to have the meaning given to it
ordinarily within the law

"legal person" should be taken to have the meaning given to it
ordinarily within the law.

If I can be of any assistance in clarifying this request please do
not hesitate to contact me.

I look forward to the Council's response.

Yours sincerely,
Alistair P Sloan

Link to this

From: Freedom of Information
Bristol City Council

26 October 2011

Thank you for your request for information. You should expect to receive a response within the 20 working day limit.

______________________________________________________________________
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From: Freedom of Information
Bristol City Council

23 November 2011

Dear Mr Sloan,
Thank you for your request for information, a copy of which is enclosed
below.
All information relating to this policy can be found at:
[1]http://www.bristol.gov.uk/page/freedom-i...
 
Our website confirms:
 
"We will check the identity of requesters in some instances to ensure that
requests are valid as defined in Section 8 (b) of the Freedom of
Information Act 2000".
 
This is in accordance with the guidance of the Information commissioner,
for which we include a link.  This is the guidance that we are following
and as a result, we would only seek to verify identity when we have a good
reason for doing so, such as a requester using a pseudonym to shield their
identity in order to avoid the possibility of the request being considered
as vexatious or repeated.  Please see the ICO guidance for further
detail. 
 
For Head of Legal Services
Stephen McNamara
 
 
This response should answer your request in full, however if you are not
satisfied with this response or wish to lodge an appeal against any
exemptions that may have been applied, you can do so by writing to the
Data Protection Officer at Bristol City Council Legal Services, The
Council House, College Green, Bristol, or [2][Bristol City Council request email].  Details
of the complaints procedure can be found at
[3]http://www.bristol.gov.uk/complaints.
 
If, after you have exhausted the council’s complaints procedure, you are
still not satisfied with the response you have received you have the right
to complain to the Information Commissioner, details of your right to
complain can be found at [4]http://www.ico.gov.uk/complaints.aspx
 
Copyright notice
The provision of information by Bristol City Council under this scheme
does not imply a right to reproduce or commercially exploit such
information without the Council's express prior written permission.
Reproduction or commercial exploitation of materials supplied under this
scheme without the express permission of Bristol City Council may be an
infringement of copyright.
The Council is unable to grant permission to reproduce or re-use any
material accessed through this scheme that is the property of third
parties. Permission to reproduce or re-use such material must be obtained
from the copyright holders.
 
 
     This is a request for information in terms of the Freedom of
     Information Act 2000. I seek information from Bristol City Council
     in relation to their policy on checking the identity of applicants
     making requests for information.
    
     In response to a request for information from an applicant, Bristol
     City Council advised that it had "now implemented a system to
     randomly seek proof of identity".
    
     I request that Bristol City Council release under the provisions of
     the Freedom of Information Act 2000 the following information:
    
     (a) the content of all documents outlining the council's policy on
     checking the identity of an applicant making an FOI request;
    
     (b) the content of all internal correspondence on the framing of
     these policies and;
    
     (c) the content of any correspondence between the Council and the
     Information Commissioner's Office relating to the framing of these
     policies.
    
     For the purpose of this request the following terms should be taken
     to have the meanings as given below:
    
     "FOI" should be taken to mean both the Freedom of Information Act
     2000 and the Environmental Information Regulations 2004
    
     "applicant" should be taken to mean a person (natural or legal)
     requesting information under the FOI provisions.
    
     "natural person" should be taken to have the meaning given to it
     ordinarily within the law
    
     "legal person" should be taken to have the meaning given to it
     ordinarily within the law.
    
     If I can be of any assistance in clarifying this request please do
     not hesitate to contact me.
    
     I look forward to the Council's response.
    
     Yours sincerely,
     Alistair P Sloan

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References

Visible links
1. http://www.bristol.gov.uk/page/freedom-i...
2. mailto:[Bristol City Council request email]
3. http://www.bristol.gov.uk/complaints
4. http://www.ico.gov.uk/complaints.aspx

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Heather Brooke left an annotation (23 November 2011)

This 'answer' has not in any substantive way answered the applicant's questions.

Link to this

From: Alistair P Sloan

23 November 2011

Dear Sirs,

I am writing with reference to a recent request for information
made pursuant to Section 1(1) of the Freedom of Information Act
2000. The request sought, inter alia, the content of policy
documents held by the Council relating to the policy of the Council
in checking identities of applicants under the Freedom of
Information Act 2000.

The request for information was submitted to the Council by way of
E-mail dated 26 October 2011 and the Council responded by way of an
E-mail dated 23 November 2011. I seek an internal review of the
Council's response to the information request.

It is my view that the response issued by the Council does not
sufficiently answer the request for information submitted to the
Council.

Section 1(1) of the Freedom of Information Act 2000 provides that
"any person making a request for information to a public authority
is entitled—

(a)to be informed in writing by the public authority whether it
holds information of the description specified in the request, and

(b)if that is the case, to have that information communicated to
him."

The response issued by the Council fails to complay with both
parahgraph (a) and (b) of Section 1(1) of the Freedom of
Information Act 2000. The request for information was not what the
Council's policy was, but rather for the following:

(a) the content of documents held by the Council outlining the
policy on applicant checking.
(b) the content of all internal correspondence held by the Council
that related to the framing of the policy on checking the identity
of applicants and
(c) correspondence between the Commissioner and the Council on in
relation to the framing of the policy on checking the identity of
applicants.

In the response issued by Bristol City Council it is not stated
whether the Council holds the information sought as is required by
Section 1(1)(a) of the Freedom of Information Act 2000. The
response fails to provide the information sought as required by
Section 1(1)(b) or to issue a refusal notice in compliance with
Section 17 of the Act.

Taking all of the above into consideration it is my view that the
Council have failed to comply with their obligations under the
Freedom of Information Act 2000 and now require the Council to
conduct an internal review into its response to the request for
information.

The Freedom of Information Act 2000 does not provide a statutory
timeframe in which such a requirement is responded to by a public
authority. However, the Information Commissioner has issued
guidance on this matter. The Commissioner’s guidance provides that
public authorities should respond to a requirement for a review
within twenty working days of its receipt. Where this is not
possible the public authority should notify the applicant of this.
In any event the public authority should take no more than 40
working days to respond. In view of the Commissioner’s guidance I
will contact the Council again if no response is received from the
Council by the close of business on Thursday 22 December 2011.

I look forward to the Council’s response.

Yours sincerely,
Alistair P Sloan

Link to this

From: Alistair P Sloan

22 December 2011

Dear Sirs,

I write with reference to my E-mail dated 23 November 2011
requesting that Bristol City Council conduct an internal review
into their handling of my request for information dated 26 October
2011.

In my request for review I drew your attention to the guidance
issued by the Information Commissioner into the timescales public
authorities should handle requests for review in the absence of a
statutory timescale. The Commissioner’s guidance states that public
authorities should aim to respond to a request for review within
twenty working days and that where this is not possible they should
write to the applicant informing them of the delay. I identified
within my request for review that if I had not heard from the
Council by the close of business on Thursday 22 December 2011 that
I would write to the council again. This date was arrived at on the
basis that it represented the twentieth working day following the
Council’s receipt for a review.

Regretfully I have not heard from the Council either with a
substantive response or with information as to when the Council
expects to respond. The request for review is not overly complex
and really ought not to be taking as long as it has.

If I have not received a substantive response or a reasonable
explanation as to why it has not been possible to respond to my
request by the close of business on Wednesday 11 January 2011 I
will be left with no option other than to make a complaint to the
Information Commissioner pursuant to Section 50 of the Freedom of
Information Act 2000.

I look forward to the Council’s response.

Yours sincerely,
Alistair P Sloan

Link to this

From: Freedom of Information
Bristol City Council

23 December 2011

Mr Sloan,
 
Thank you for bringing this matter to the attention of the Council again.
you will receive a response no later than the revised date of 11th January
2012.
 
Sent on behalf of Mr S McNamara
Head of Legal Services

>>> Alistair P Sloan <[FOI #91152 email]> 22/12/11
23:29 >>>
     Dear Sirs,
    
     I write with reference to my E-mail dated 23 November 2011
     requesting that Bristol City Council conduct an internal review
     into their handling of my request for information dated 26 October
     2011.
    
     In my request for review I drew your attention to the guidance
     issued by the Information Commissioner into the timescales public
     authorities should handle requests for review in the absence of a
     statutory timescale. The Commissioner’s guidance states that public
     authorities should aim to respond to a request for review within
     twenty working days and that where this is not possible they should
     write to the applicant informing them of the delay. I identified
     within my request for review that if I had not heard from the
     Council by the close of business on Thursday 22 December 2011 that
     I would write to the council again. This date was arrived at on the
     basis that it represented the twentieth working day following the
     Council’s receipt for a review.
    
     Regretfully I have not heard from the Council either with a
     substantive response or with information as to when the Council
     expects to respond. The request for review is not overly complex
     and really ought not to be taking as long as it has.
    
     If I have not received a substantive response or a reasonable
     explanation as to why it has not been possible to respond to my
     request by the close of business on Wednesday 11 January 2011 I
     will be left with no option other than to make a complaint to the
     Information Commissioner pursuant to Section 50 of the Freedom of
     Information Act 2000.
    
     I look forward to the Council’s response.
    
     Yours sincerely,
     Alistair P Sloan
    
    
    
     -------------------------------------------------------------------
     Please use this email address for all replies to this request:
     [FOI #91152 email]
    
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     [1]http://www.whatdotheyknow.com/help/offic...
    
     If you find this service useful as an FOI officer, please ask your
     web manager to link to us from your organisation's FOI page.
    
     -------------------------------------------------------------------

--------------------------------------------------------------------------

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http://www.bristol.gov.uk/services

Visit our consultation finder and have your say:
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References

Visible links
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Link to this

Alistair P Sloan left an annotation (11 January 2012)

Today is the "revised deadline" which the Council said they would respond by. It's now been more than 30 working days since the request for review was submitted regarding the very clear failings of the Council to comply with Section 1(1) of the FOIA. An application will therefore be submitted to the ICO pursuant to Section 50. The application will make the following complaints:

(1) that the Council failed to properly discharge its obligations under s.1(1)(a) and (b) of the Freedom of Information Act 2000
(2) that the Council failed to conduct an internal review in a way that allowed a “prompt determination” of the complaint
(3) that the Council has not yet responded to the request for review

Link to this

From: Freedom of Information
Bristol City Council

12 January 2012

Mr Sloan,
 
Thank you for your patience with regard to this matter.
 
I have reviewed the response to your request for:
 
(a) the content of all documents outlining the council's policy on
     checking the identity of an applicant making an FOI request;
    
     (b) the content of all internal correspondence on the framing of
     these policies and;
    
     (c) the content of any correspondence between the Council and the
     Information Commissioner's Office relating to the framing of these
     policies.
I find that the initial response was correct to highlight to you where you
could find information about checking the identities of requesters, the
information on that page is the Council's policy. The council holds no
other information relating to this.
 
I find that the initial response was correct, however, an
improvement would have been to make it clearer to you, that there is no
further information held by the Council, other than what you can access on
the web page already identified.
 
You have now exhausted the council’s complaints procedure, if you are
still not satisfied with the response you have received you have the right
to complain to the Information Commissioner, details of your right to
complain can be found at [1]http://www.ico.gov.uk/complaints.aspx
 
Copyright notice
The provision of information by Bristol City Council under this scheme
does not imply a right to reproduce or commercially exploit such
information without the Council's express prior written permission.
Reproduction or commercial exploitation of materials supplied under this
scheme without the express permission of Bristol City Council may be an
infringement of copyright.
The Council is unable to grant permission to reproduce or re-use any
material accessed through this scheme that is the property of third
parties. Permission to reproduce or re-use such material must be obtained
from the copyright holders.
 
Sent on behalf of
Mr S McNamara
Head of Legal Services
 
>>> Alistair P Sloan <[FOI #91152 email]> 22/12/11
23:29 >>>
     Dear Sirs,
    
     I write with reference to my E-mail dated 23 November 2011
     requesting that Bristol City Council conduct an internal review
     into their handling of my request for information dated 26 October
     2011.
    
     In my request for review I drew your attention to the guidance
     issued by the Information Commissioner into the timescales public
     authorities should handle requests for review in the absence of a
     statutory timescale. The Commissioner’s guidance states that public
     authorities should aim to respond to a request for review within
     twenty working days and that where this is not possible they should
     write to the applicant informing them of the delay. I identified
     within my request for review that if I had not heard from the
     Council by the close of business on Thursday 22 December 2011 that
     I would write to the council again. This date was arrived at on the
     basis that it represented the twentieth working day following the
     Council’s receipt for a review.
    
     Regretfully I have not heard from the Council either with a
     substantive response or with information as to when the Council
     expects to respond. The request for review is not overly complex
     and really ought not to be taking as long as it has.
    
     If I have not received a substantive response or a reasonable
     explanation as to why it has not been possible to respond to my
     request by the close of business on Wednesday 11 January 2011 I
     will be left with no option other than to make a complaint to the
     Information Commissioner pursuant to Section 50 of the Freedom of
     Information Act 2000.
    
     I look forward to the Council’s response.
    
     Yours sincerely,
     Alistair P Sloan
    
    
    
     -------------------------------------------------------------------
     Please use this email address for all replies to this request:
     [FOI #91152 email]
    
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     [2]http://www.whatdotheyknow.com/help/offic...
    
     If you find this service useful as an FOI officer, please ask your
     web manager to link to us from your organisation's FOI page.
    
     -------------------------------------------------------------------

--------------------------------------------------------------------------

'Do it online' with our growing range of online services -
http://www.bristol.gov.uk/services

Visit our consultation finder and have your say:
www.bristol.gov.uk/consultationfinder

View webcasts of Council meetings at http://www.bristol.gov.uk/webcast

Bristol is the UK's first Cycling City. Visit www.betterbybike.info to
join thousands of others getting around by bike.

References

Visible links
1. http://www.ico.gov.uk/complaints.aspx
2. http://www.whatdotheyknow.com/help/offic...

Link to this

Alistair P Sloan left an annotation (13 January 2012)

I remain dissatisfied with Bristol City Council's response to the request following thier internal review. I have written to the ICO informing them of this and amending the initial complaint by replacing complaint 3 with the following:

"that the Council failed in its response to the request for review to adequately address its failures in the initial response and that the Council could reasonably be expected to hold information that falls within the scope of the request that is not already reasonably accessible to me and has not been communicated to me or exempted with a valid refusal notice as required by the FOIA."

The ICO reference is FS50430654

Link to this

Things to do with this request

Anyone:
Bristol City Council only: