Phorm/Second Phase of European Commission Infringement Case 64/08/INSO

Dear Home Office,

Concerning the second phase of the European Commission Infringement
case 64/08/INSO, arising from the covert mass
surveillance/industrial espionage trials by BT/Phorm in 2006, 2007
and 2008... Please could you disclose for me,

- the date on which the response to the second stage of
infringement proceedings was submitted to the EC (the deadline
being 29 December 2009)
- the department that lead the preparation of that response
- the full response that was submitted to the EC

- any correspondence between the Home Office and the EC concerning
the case since 1 October 2009
- the dates/agenda/minutes of meetings between the Home Office and
the EC to discuss the case since 1 October 2009

- any correspondence between the Home Office, and Cabinet
Office/Prime Minister's Office/BERR/BIS/MoJ/Foreign Office
concerning the case since 1 October 2009
- the dates/agenda/minutes of meetings between the Home Office
and Cabinet Office/Prime Minister's Office/BERR/BIS/MoJ/Foreign
Office concerning the case since 1 October 2009

ICO FoI guidance states "There will often be a private interest in
withholding information which would reveal incompetence on the part
of or corruption within the public authority or which would simply
cause embarrassment to the authority. However, the public interest
will favour accountability and good administration and it is this
interest that must be weighed against the public interest in not
disclosing the information".

In the interest of public accountability and good administration, I
would also be grateful if you would now disclose to me the two
earlier responses to the EC concerning the same matter, on or about
15 September 2008, and the second on or about 13 June 2009, which
were rejected by the European Commission. I believe you are
withholding information in those responses which would reveal
incompetence, corruption, or embarrassment (grounds which are
specifically excluded by ICO FoI guidance).

many thanks
Yours faithfully
Mr. P. John

Dear Home Office,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Home Office's
handling of my FOI request 'Phorm/Second Phase of European
Commission Infringement Case 64/08/INSO'.

The disclosure of this information is in the public interest, for
the following reasons;

- It may reveal evidence of incompetence, or corruption on the part
of the Home Office
- The information requested will allow the Home Office to be held
to account, both for the failure to respond to public concerns
about criminal misconduct, and the concerns of the European
Commission about failure to implement European Directives
- If the matter proceeds to a European Court of Justice action, as
seems likely, the public have every right to know why they are
expected to bear the burden of the costs, fines, and penalties that
may result from the failures of the Home Office

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ph...

Yours faithfully,

P. John