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

P. John made this Freedom of Information request to Department for Business, Innovation and Skills

The request was refused by Department for Business, Innovation and Skills.

From: P. John

29 December 2009

Dear BERR/BIS,

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 BERR/BIS and the EC concerning the
case since 1 October 2009
- the dates/agenda/minutes of meetings between BERR/BIS and the EC
to discuss the case since 1 October 2009

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

Link to this

From: FOI Requests
Department for Business, Innovation and Skills

7 January 2010

BIS ref: 09/1954

Dear Mr John,

Thank you for your request for information which we have received in the
Department of Business, Innovation and Skills. Your request has been
passed on to the appropriate official to deal with.

Best wishes,
Kay

Kay Wilson | Freedom of Information Advisor | Information Rights Unit |
Department for Business, Innovation & Skills | Bay 351, 66-74 Victoria
Street, London, SW1E 6SW | www.bis.gov.uk
The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for
business success; promoting innovation, enterprise and science; and
giving everyone the skills and opportunities to succeed. To achieve this
we will foster world-class universities and promote an open global
economy. BIS - Investing in our future

show quoted sections

Link to this

P. John left an annotation (12 January 2010)

Register publishes claims the deadline to respond to the EC was missed;

http://www.theregister.co.uk/2010/01/12/...

Link to this

From: Balchin Patrick (IE)
Department for Business, Innovation and Skills

27 January 2010


Attachment Letter of extension to FoI case 09 1954.doc
52K Download View as HTML


Dear Mr John

Please see the attached letter informing you of the need to extend the
timescale of your request.

yours sincerely

Patrick balchin
<<Letter of extension to FoI case 09-1954.doc>>
Patrick Balchin,
BIS - Department for Business, Innovation & Skills
1 Victoria Street
London
SW1H 0ET
Direct Tel: +44 (0) 207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for business
success; promoting innovation, enterprise and science; and giving everyone
the skills and opportunities to succeed. To achieve this we will foster
world-class universities and promote an open global economy. BIS -
Investing in our future

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/

Link to this

From: P. John

28 January 2010

Dear Mr Balchin,

many thanks for keeping me informed, I look forward to receiving
the complete response before 8 February.

Yours sincerely,

P. John

Link to this

From: Balchin Patrick (IE)
Department for Business, Innovation and Skills

8 February 2010


Attachment Letter to Peter John from Patrick Balchin extending the respose to FoI case 09 0954 for a further seven days.tr5.txt
0K Download View as HTML

Attachment Letter to Peter John from Patrick Balchin extending the respose to FoI case 09 0954 for a further seven days.DOC.doc
52K Download View as HTML


Dear Mr John

Please see the attached letter.

Yours sincerely

Patrick Balchin

Patrick Balchin,
BIS - Department for Business, Innovation & Skills
1 Victoria Street
London
SW1H 0ET
Direct Tel: +44 (0) 207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for business
success; promoting innovation, enterprise and science; and giving everyone
the skills and opportunities to succeed. To achieve this we will foster
world-class universities and promote an open global economy. BIS -
Investing in our future

<<Letter to Peter John from Patrick Balchin extending the respose to FoI
case 09 0954 for a further seven days.tr5>> <<Letter to Peter John from
Patrick Balchin extending the respose to FoI case 09 0954 for a further
seven days.DOC>>

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/

Link to this

From: P. John

9 February 2010

Dear Mr Balchin,

many thanks for your note.

I'm disappointed that another delay is necessary, but remain
grateful that you keep me posted with progress.

There is considerable public interest in the disclosure of the
information requested. I know many people wish to see it, and it is
important that they do, for the sake of accountability and
transparency of Government.

Yours sincerely,

P. John

Link to this

From: Balchin Patrick (IE)
Department for Business, Innovation and Skills

19 February 2010


Attachment Letter to PETER jOHN 19 feb 2010 extending FoI 09 1954.pdf
151K Download View as HTML


Dear Mr John

Please see the attached letter.

Yours sincerely

Patrick Balchin

Patrick Balchin,
BIS - Department for Business, Innovation & Skills
1 Victoria Street
London
SW1H 0ET
Direct Tel: +44 (0) 207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for business
success; promoting innovation, enterprise and science; and giving everyone
the skills and opportunities to succeed. To achieve this we will foster
world-class universities and promote an open global economy. BIS -
Investing in our future

<<Letter to PETER jOHN 19 feb 2010 extending FoI 09-1954.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/

Link to this

From: Balchin Patrick (IE)
Department for Business, Innovation and Skills

5 March 2010


Attachment Final reply to Peter John FoI case 09 1954 sent 4 March 2010.pdf
2.0M Download View as HTML


Dear Mr John

Thank you for your request of 29 December 2009. Please see the attached
letter replying to your request. Please accept my sincere apologies for
the length of time taken to get a reply to you.

Yours sincerely

Patrick Balchin

Patrick Balchin,
BIS - Department for Business, Innovation & Skills
1 Victoria Street
London
SW1H 0ET
Direct Tel: +44 (0) 207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for business
success; promoting innovation, enterprise and science; and giving everyone
the skills and opportunities to succeed. To achieve this we will foster
world-class universities and promote an open global economy. BIS -
Investing in our future

<<Final reply to Peter John - FoI case 09-1954 - sent 4 March 2010.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/

Link to this

From: P. John

5 March 2010

Dear Mr Balchin,

many thanks for your detailed reply.

While I understand BIS concern to protect relations with foreign
interests, there is a unmet need to protect BIS relationship with
domestic stakeholders too.

To date the interests and concerns of domestic stakeholders, both
personal and commercial, have been completely excluded from every
aspect of this affair... leading many like me to distrust BIS and
the other Government Departments involved.

I hope it won't be much longer before the CPS finally prosecute the
people responsible for this corrupt scandal.

Yours sincerely,

P. John

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