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

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

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[1]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

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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.ico.gov.uk/

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Closed - withdrawn - 5 (Freedom of Information 4, Environment Information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 [1][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 [2][email address].

A copy of our review procedure is attached.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

Information Commissioner's Office

01625 545760

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[3]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

show quoted sections

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

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.ico.gov.uk/

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

[1]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

show quoted sections

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

References

Visible links
1. http://www.ico.gov.uk/