T-Mobile, Correspondence Items

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14th December 2009

Case Reference Number IRQ0282460

Dear Mr John

Thank you for your correspondence dated 11 December 2009.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 13 January 2010 which is 20
working days from the day after we received your request (allowing for the
non working days).

If you wish to add further information or evidence to your case please
reply to this email, being careful not to amend the information in the
‘subject’ field. This will ensure that the information is added
directly to your case. However, please be aware that this is an automated
process; the information will not be read by a member of our staff until
your case is allocated to a request handler.

Yours sincerely

Iman Elmehdawy

Assistant Internal Compliance Manager

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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13th January 2010

Case Reference Number IRQ0282460

Dear Mr John

Request for Information

Further to our acknowledgement of 14 December 2009 we are now in a
position to provide you with a response to your request for information
dated 11 December 2009.

In your e-mail of 11 December you asked us to provide you with the
following information for the period December 2008 to December 2009, and
our response to each request is detailed immediately below:

“- the monthly total of ICO man hours expended on the T-Mobile
investigation
- the monthly total ICO expenditure (excl salaries) on the T-Mobile
investigation
- the monthly total number of ICO staff working on the T-Mobile
investigation (if possible by grade) “

As you know we have considered your request in accordance with the
requirements of the Freedom of Information Act 2000 (FOIA), and under
section 1 of the FOIA you are entitled to be informed by the ICO whether
we hold the information described within your request, and if so to be
provided with a copy of that information.

However, the information you asked for is not held by the ICO as
‘recorded information’.  Specifically I can confirm that we do not
hold any details of the number of man hours expended on the T-Mobile
investigation, the total ICO expenditure so far spent on the T-Mobile
investigation, or the total number of ICO staff who have worked on that
investigation. 

“Please could you confirm (or deny) the claim that T-Mobile were
instructed by the ICO not to disclose details of the case because a
prosecution was pending. “

There is no record of the ICO formally instructing T-Mobile not to
disclose any details of the case because a prosecution was pending. 
However, as with any investigation being conducted by organisations
working together, there would be a tacit understanding that no information
should be disclosed in circumstances that would compromise the
investigation or the chance of any future prosecution.

“Please could you tell me who authorised the press release dated 17
November 2009 disclosing details of the same offences despite
pending prosecutions?”

David Smith, Deputy Commissioner (Data Protection) authorised the press
release of 17 November 2009.

I hope that this provides you with the information you require.  However,
if you are dissatisfied with this response 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 [2][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 Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Tel: 01625 545894

[3]www.ico.gov.uk

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/rad9B844_files/filelist.xml
2. mailto:[email address]
3. http://www.ico.gov.uk/

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13th January 2010

Case Reference Number RCC0288356

Dear Mr John

Request for Review

Thank you for your e-mail received today, 13 January 2010, in which you
have asked for a review of our response to your earlier information
request, provided under our reference IRQ0282460.  This will be dealt
with in accordance with our review procedure which was sent to you
previously. 

In accordance with our procedures we will respond by 10 February 2010,
which is 20 working days from the date we received your e-mail.

Yours sincerely

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Tel: 01625 545894

[2]www.ico.gov.uk

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/radBF21A_files/filelist.xml
2. blocked::http://www.ico.gov.uk/
http://www.ico.gov.uk/

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15th January 2010

Case Reference Number RCC0288356

Dear Mr John

Your appeal for an internal review regarding your request for information
relating to the T mobile investigation has been passed to me to undertake.

I have carefully considered your request for review and I have reached the
following conclusion:

I have upheld the finding in the refusal notice that the information you
requested relating to numbers of staff, man hours spent and total
expenditure expended on the T mobile investigation is not held by the ICO
as ‘recorded information’ and therefore cannot be provided to you.

It may be helpful for me to explain why this information is not available.
As you maybe aware the ICO deals with a high volume of Data protection and
Freedom of Information complaints, many of which result in investigations.
Investigations can span several months and during that period the case
maybe dealt with by several different departments and members of staff.
ICO staff deal with several cases at the same time. They are not required
to detail how much time they spend on each case per day/week/month.

Staff effectiveness and efficiency is tracked by direct line mangers who
regularly review the progress of each case. 

If you are not content that your 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 Case Reception team, at the address below
or visit the ‘Complaints’ section of our website ([2]www.ico.gov.uk)
to make a Freedom of Information Act complaint on line.

Yours sincerely

Dawn Monaghan

Senior Manager, FOI

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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1. file:///tmp/rad6CCC2_files/filelist.xml
2. http://www.ico.gov.uk/