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Number of complaints against Conwy County Borough Council received by the Information Commissioner

A Freedom of Information request to Information Commissioner’s Office by Colwyn Resident

The request was successful.

Colwyn Resident

19 September 2008

Dear Sir or Madam,

I make the following request under the Freedom of Information Act
2000.

For each of the years for which you hold the information, please
tell me the following:

How many total complaints have you received against Conwy County
Borough Council (often known as Conwy County Council, or simply
Conwy Council) Please break the total amount down to complaints re
Freedom of Information, Data Protection and 'other'

Please then advise how many of those complaints have resulted in
the Information Commissioner taking some form of action against
Conwy County Borough Council, such as providing guidance or
instruction, enforcement action or prosecution.

Finally please advise for how many of the complaints received the
Information Commissioner found Conwy County Borough Council to be
in breach of any Law.

I do not need information that identifies individual cases, just
aggregate figures, such as "10 complaints received, 5 FOI, 3 DPA, 2
other, action taken on 5, 2 breaches of law"

Yours faithfully,

Colwyn Resident

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Internal Compliance Team
Information Commissioner’s Office

22 September 2008

Our Reference: FOI/1083

Dear Colwyn Resident

Request for Information

Thank you for your correspondence dated 19 September 2008 in which you
request information about Conwy County Borough Council.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond by 17 October 2008 which is 20
working days from the day after we received your request.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

Charlotte Powell

Internal Compliance Manager

Information Commissioners Office

01625 545760

show quoted sections

http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

show quoted sections

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Internal Compliance Team
Information Commissioner’s Office

1 October 2008


Attachment ICOReviewProcedure V5.doc
151K Download View as HTML


Our Reference: FOI/1083

Dear Colwyn Resident

I refer to your request for information to the Information
Commissioner's Office regarding information about the complaints which
we have received in relation to Conwy County Borough Council.

We have undertaken a search of our database and the Information
Commissioner's Office has received 15 cases in relation to Conwy County
Borough Council which are broken down into case types as follows;

Freedom of Information - 4

Environmental Information Regulations - 1

Data Protection - 6

Enquiries - 4

The outcomes or status of these cases as are recorded on our system are
as follows;

Closed - advice given - 6 (Enquiries 4, Data Protection 2)

Closed - withdrawn - 5 (Freedom of Information 4, Environment
Information Regulations, 1)

Re-opened - 2 (Data Protection 2)

Closed - compliance likely - 1 (Data Protection 1)

Closed - compliance unlikely, remedial action taken - 1 (Data Protection
1)

Therefore in one case we have found Conwy County Borough Council
unlikely to be in compliance with the Data Protection Act 1998 (the DPA)
based on the evidence which was provided in that case.

It would appear helpful if I explain that the terms 'compliance likely'
and 'compliance unlikely' refer to the duty placed on the Information
Commissioner in relation to data protection complaints to make an
assessment as to whether in his view compliance with the principles of
the Data Protection Act 1998 (the DPA) is likely or unlikely in the
situation which has been described to him. However please note that a
breach of a principle of the DPA is not a criminal offence. The term
'remedial action taken' refers to the organisation having, for example,
taken steps to prevent future breaches of a principle of the DPA.

There has been no enforcement action or prosecutions made by the
Information Commissioner's Office under the legislation which we oversee
in relation to Conwy County Borough Council to date.

If you are dissatisfied with the response you have received 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
[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 Senior Complaints Resolution Manager, Complaints
Resolution Team at the Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF or e-mail
[email address].

A copy of our review procedure is attached.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

Information Commissioner's Office

01625 545760

show quoted sections

http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

show quoted sections

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Colwyn Resident

1 October 2008

Dear Internal Compliance Team,

Thank you for your prompt reply to my request.

Could you just clarify for what period the 15 complaints you
mention relate?

Yours sincerely,

Colwyn Resident

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Internal Compliance Team
Information Commissioner’s Office

2 October 2008

Our Reference - FOI/1083

Dear Colwyn Resident

Thank you for your email of 1 October 2008 regarding your request for
information.

We undertook a search of our casework management system for cases
relating to Conwy County Borough Council, for your information we
started recording cases on this system from June 2003. The 15 cases
which we identified for Conwy County Borough Council were received
between April 2004 and August 2008.

I trust that this information answers your query.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

Information Commissioner's Office

01625 545760

show quoted sections

http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

show quoted sections

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