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P. John made this Freedom of Information request to Department for Business, Enterprise and Regulatory Reform
The request was successful.
From: P. John
22 March 2009
Dear Sir or Madam,
in the Telegraph (18 Jan 2009) under the headline "Internet
privacy: Government warns email providers over targeted online
advertising" (http://tinyurl.com/72adua) it was reported that;
'Ministers from the Home Office and the Department for Business,
Enterprise and Regulatory Reform (BERR) have met industry leaders
to discuss whether the controversial technology is being used in a
"lawful, appropriate and transparent fashion".'
I understand from the Home Office that those meetings were led by
BERR Ministers.
Please will you disclose for me
- The dates of those meetings
- The purpose, agenda, and minutes of those meetings
- The names of the Ministers who attended those meetings
- The names of Companies represented at those meetings
- The names of other persons present at those meetings
- Any contemporaneous notes taken by civil servants who were
present at those meetings
Yours faithfully,
Peter John
From: Balchin Patrick (BR2)
27 March 2009
Dear Mr John
BERR ref 01.04.05/5227c
Thank you for your request for information made under the Freedom of
Information Act 2000. Please regard this e-mail as confirmation that your
request has been received and is being dealt with.
The reply due date is 22 April 2009.
If you have any queries about the progress of this request, I would be
grateful if you would include the above reference number in your
correspondence.
Yours sincerely
Patrick Balchin
Patrick Balchin,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London
SW1H 0ET
Direct Tel: 0207 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/
From: Balchin Patrick (BR2)
1 April 2009
BERR ref 01.04.05/5227c
Mr P/ John via e-mail
'[FOI #9606 email]'
1 April 2009
Dear Mr John
I refer to your request under the Freedom of Information Act 2000 for
information about meetings between "industry leaders" and "Ministers from
the Home Office and the Department of Business, Enterprise and Regulatory
reform [BERR] .....to discuss whether the controversial technology is
being used in a lawful, appropriate and transparent fashion" mentioned in
the Daily Telegraph report of 18 January 2009.
I am writing to advise you that following a search of our paper and
electronic records, I have established that the only meeting involving a
BERR minister on this subject occurred on 18 November 2008 between Lord
Carter and Mr Kent Ertugrul the Chief Executive Officer of Phorm Inc.
This was a meeting suggested by the company on 14 October 2008 to brief
Lord Carter "on the company and significant recent developments".
We have no record of a Home Office minister attending that meeting.
Mr Ertugrul was accompanied by Ms Rhada Burgess, Marketing &
Communications Director, and Mr Mick Halloran from their PR agency,
Citigate Dewe Rogerson. Mr David Hendon of BERR also attended the
meeting.
An examination of our paper and electronic records has not revealed any
agenda, minutes or contemporaneous notes of the meeting.
Yours sincerely
Patrick Balchin
Patrick Balchin,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London
SW1H 0ET
Direct Tel: 0207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/
Appeals procedure
If you are unhappy with the result of your request for information, you
may request an internal review within two calendar months of the date of
this letter. If you wish to request an internal review please contact me.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
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/
From: P. John
1 April 2009
Dear Mr Balchin,
many thanks for your response, I would be grateful if you would
clarify a few details before I make an approach to the Telegraph.
Was the scanning of users' email to generate targeted advertising
discussed by Lord Carter at that meeting?
Was a warning, as reported by the Telegraph, given at that meeting
or any other?
Expecting Lord Carter was provided with a briefing note before that
meeting, please will you disclose the briefing note?
To date, though I am aware Phorm have meet with Government on
several occassions, despite the considerable public interest in the
controversy associated with their proposition, no meeting has ever
been minuted or agenda ever been recorded.
May I request that in future when the Dept of Business Enterprise
and Regulatory Reform meet with Phorm or other commercial interests
to discuss interception of private telecommunications for
marketing... That minutes of all those meetings are diligently
recorded and published in response to FoI requests such as this?
I understand the Lord Chancellor's Code of Practice
on the Management of Records states that "Records of a business
activity should be complete and accurate enough to ... facilitate
an audit or examination of the business by anyone so authorised,
[and] protect the legal and other rights of the authority, its
clients and any other person affected by its actions".
Yours sincerely,
P. John
From: Balchin Patrick (BR2)
1 April 2009
I am out of the office now until Friday 3rd April. Please note that
e-mails are not being forwarded and I will look at your message on my
return.
Best regards,
Patrick
Patrick Balchin
ICT User Impact team and Critical Communications Supply Policy team,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London SW1H 0ET
direct line : 020 7215 1772
e-mail [email address]
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
From: Balchin Patrick (BR2)
14 April 2009
Dear Mr John
As no record of the meeting has yet been placed in the Departmental
record, I am unable to answer your questions as to the content of the
meeting.
Yours sincerely
Patrick Balchin
show quoted sections
From: P. John
14 April 2009
Dear Mr Balchin,
please could you indicate when a Ministerial
briefing/agenda/minutes are likely to be placed on the Departmental
record, and if so, when it would be possible for you to answer the
question put to you more fully?
Yours sincerely,
P. John
From: P. John
23 April 2009
Dear Mr Balchin,
to repeat my earlier question, please could you indicate when a
Ministerial briefing/agenda/minutes are likely to be placed on the
Departmental record, and if so, when it would be possible for you
to answer the question put to you more fully?
Yours sincerely,
P. John
From: Balchin Patrick (BR2)
23 April 2009
Thank you for ypour message.
I am out of the office now until Monday 27 Aprill. Please note that
e-mails are not being forwarded and I will look at your message on my
return.
Best regards,
Patrick
Patrick Balchin
ICT User Impact team and Critical Communications Supply Policy team,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London SW1H 0ET
direct line : 020 7215 1772
e-mail [email address]
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
From: Balchin Patrick (BR2)
27 April 2009
Dear Mr John
Thank you for your e-mail.
I have no further information as to when such documents might be placed
on the departmental record.
Departmental records management recommends that information is placed in
the Electronic departmental record (EDRM) at "the earliest opportunity".
Yours sincerely
Patrick Balchin
show quoted sections
From: P. John
27 April 2009
Dear Mr. Balchin,
please confirm or deny the existence of a Ministerial
briefing/agenda/minutes for the meeting on 18 November 2008.
Please disclose the correspondence item from 14 October, offering
to brief Lord Carter "on the company and significant recent
developments".
If documentation is being withheld, please state the applicable
exemption under the FoI act.
Yours sincerely,
P. John
From: P. John
27 April 2009
Dear Mr. Balchin,
please confirm or deny the existence of a Ministerial
briefing/agenda/minutes for the meeting on 18 November 2008.
Please disclose a scan/print of the full correspondence item dated
14 October 2008, offering to brief Lord Carter "on the company and
significant recent developments".
If documentation is being withheld, please state the applicable
exemption under the FoI act.
Yours sincerely,
P. John
From: Balchin Patrick (BR2)
27 April 2009
Dear Mr John
You asked that I "disclose a scan/print of the full correspondence item
dated 14 October 2008, offering to brief Lord Carter "on the company and
significant recent developments".
This has already been released in response to a Freedom of Information
request on 1 April 2009. The information you seek can be found at
http://www.whatdotheyknow.com/request/93...
%20to%20Nel%20Maybin%20FoI%2009-0419.pdf. I have attached a PDF copy of
that letter to this reply for your convenience.
As to your first point. I can confirm that a ministerial brief was
prepared and provided for the meeting, which I note you have already
asked to be released (your e-mail to me of 1 April 2009) and which is
being considered. I can find no record of an agenda for the meeting, and
as I have stated on two occasions before, no note of the meeting has yet
been placed in the Departmental record.
I hope this helps.
Yours sincerely
Patrick Balchin
show quoted sections
From: P. John
27 April 2009
Dear Mr Balchin,
thank you for your note.
I look forward to receiveing the Ministerial brief shortly.
Yours sincerely,
P. John
From: Balchin Patrick (BR2)
1 May 2009
<<Redacted briefing for carters meeting with phorm 18 11 08.doc.pdf>>
Dear Mr John
Thank you for your e-mail of 27 April 2009 which I attach below for your
convenience.
show quoted sections
From: Balchin Patrick (BR2)
1 May 2009
<<Redacted briefing for carters meeting with phorm 18 11 08.doc.pdf>>
Dear Mr John
Thank you for your e-mail of 27 April 2009 which I attach below for your
convenience.
show quoted sections
P. John left an annotation ( 1 May 2009)
Speechless.
If you operate a web site in the UK, for any purpose at all, you should read these Ministerial briefing notes carefully.
BERR have hardly given a moments thought to the needs of firms and online publishers for privacy/ security/ data integrity in their communications with visitors and customers.
The conclusion? You need to prepare for comprehensive encryption using SSL if you want to avoid industrial espionage in the UK.
Richard McMillan left an annotation ( 2 May 2009)
Large parts of the pdf are unintelligible - any chance of getting it re-issued?
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
P. John left an annotation ( 2 April 2009)
http://www.whatdotheyknow.com/request/93...
Link to this