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Letter from Telecoms European Commissioner Viviane Reding's Office

Paul Hancocks 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: Paul Hancocks

25 February 2009

Dear Sir or Madam,

Please release the third letter received from the above EC office,
relating to questions about the interception of private
communication by BT plc (Phorm BT Webwise trials 2006 & 2007, and
possibly also relating to the subsequent trials of the system in
2008 by BT where they attempted to obtain consumer consent legally)

I refer to the letter discussed in the story published online here:
http://www.theregister.co.uk/2009/02/11/...

I note that requests for previous correspondence from the EU, or in
reply to them on this issue, have been denied.

Thank you

Yours faithfully,

Paul Hancocks

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From: Balchin Patrick (BR2)

4 March 2009


Attachment Reply of 2 March to Paul hancocks FoI request for third letter from the Commission on the Phorm trials.pdf
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Dear Mr Hancocks

Thank for your e-mail requesting information via the Freedom of
Information Act 2000.

Please see the attached reply.

Your sincerely

Patrick Balchin
<<Reply of 2 March to Paul hancocks FoI request for third letter from the
Commission on the Phorm trials.pdf>>
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/

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

References

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

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From: Paul Hancocks

5 March 2009

Dear Balchin Patrick (BR2),

Thank you for the reply to my FOI request.

I would like to appeal against the decision taken not to release
the requested information under the FOI act.

The reason for my appeal is that the decision you have taken
includes a statement that the department (BERR) does not hold the
information requested. It was a somewhat contradictory response.

It appears from information already in the public domain that the
letter from the EC I requested visibility of was in fact addressed
to BERR. Therefore I think that if you search again you will find
the information I have requested. This is why I would like to
request a review.

Many thanks once again.

Yours sincerely,

Paul Hancocks

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From: Balchin Patrick (BR2)

6 March 2009


Attachment No AttachName.bmp
350K Download


Dear Mr Hancocks.

Thank you for your reply of 5 March 2009 and your request for an internal
review. I would be grateful if you would treat this e-mail as
confirmation that the Department has received the request, and is acting
upon it.

May I take this opportunity to provide a bit of clarification.

Your e-mail stated:

"The reason for my appeal is that the decision you have taken
includes a statement that the department (BERR) does not hold the
information requested. It was a somewhat contradictory response.

It appears from information already in the public domain that the
letter from the EC I requested visibility of was in fact addressed
to BERR. Therefore I think that if you search again you will find
the information I have requested. This is why I would like to
request a review."

May I point out that my reply of 2 March 2009 (paragraph 1 of the reply)
confirms that the Department does hold the information that you
requested. The relevant paragraph is below for your convenience.

[1]Picture (Enhanced Metafile)

Given that the reason you gave for requesting the review was your belief
that the Department does not hold the information, can I invite you to
confirm (or otherwise) whether, in the light of the above, you still wish
the review process to continue?

Your sincerely

Patrick Balchin

show quoted sections

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From: Balchin Patrick (BR2)

13 March 2009


Attachment Foi 09 0343 Interrnal review decision letter from David Hendon to Paul Hancocks dated 12 March 2009.jpg.pdf
349K Download View as HTML


Dear Mr Hancocks

As I have not received a reply from you to my e-mail of 6 March 2009
asking if you still wanted the review process to continue, we have
continued with the review process.

Further to your e-mail of 5 March 2009 requesting an internal review of
the decision to withhold information that you requested under the Freedom
of Information Act 2000, please find attached a letter from David Hendon,
acting Director General of Enterprise and Business group reviewing the
decision.

Yours sincerely

Patrick Balchin

Patrick Balchin,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London
SW1W 0ET
Direct Tel: 0207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

<<Foi 09-0343 Interrnal review decision letter from David Hendon to Paul
Hancocks dated 12 March 2009.jpg.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/

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From: Paul Hancocks

14 March 2009

Dear Balchin Patrick (BR2),

Sincere apologies Patrick, I had sent a reply but it does not
appear to have worked. I understood your last letter and it was a
very good clarification; I had misread the original detail. Thank
you once again.

Yours sincerely,

Paul Hancocks

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From: Balchin Patrick (BR2)

14 March 2009

I am away from the office now until Monday morning (10am GMT). 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]

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

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