Ministry of Justice
102 Petty France
3 September 2018
Dear Mr Jarvis
Freedom of Information Act (FOIA) Request – 180625010
Thank you for your request, received on 25 June 2018 in which you asked for the following
information from the Ministry of Justice (MoJ):
Dear Legal Aid Agency
I am writing to respectfully request the following information in line with the Freedom
of Information Act 2000.
1. Details of your Data Protection practices including copies of any policy documents
relating to Data Protection within your organisation.
2. Full details of the designated data protection officer for your organisation i.e Name,
Address, Tel No, Fax No, E-mail, DX No.
3. Copies of any forms which you organisation requires individuals, legal
professionals and organisations to complete should they wish to make a Subject
4. Details of your complaints procedure including copies of any complaints policies or
guidelines (should anyone wish to make a complaint about the way their SAR or FOI
Act request has been dealt with).
If you require any further information or clarity on any of the questions, please do not
hesitate to contact me.
Your request has been handled under the FOIA.
I can confirm the MoJ holds all the information you have requested. However, to provide as
the request currently stands would exceed the cost limit set out in the FOIA.
You have sent in three requests addressed to the MoJ, Legal Aid Agency (LAA) and Her
Majesty’s Courts and Tribunals Service (HMCTS). As LAA and HMCTS are executive
agencies of the MoJ, and fall under MoJ data protection policy, all three of your requests
were aggregated under one letter. Where more than one request is received for the same or
similar information, section 5(2) of the FOI and Data Protection (Appropriate Limit and Fees)
Regulations 2004 allows public authorities to aggregate requests and respond to them.
Section 12(1) of the FOIA means public authorities are not obliged to comply with a request
for information if it estimates the cost of complying would exceed the appropriate limit. The
appropriate limit for central government is set at £600.
This represents the estimated cost of
one person spending 3.5 working days determining whether the department holds the
information, and locating, retrieving and extracting the information.
Where section 12 applies to one part of a request we refuse all of the request under the cost
limit as advised by the Information Commissioner’s Office.
We believe that the cost of locating, retrieving and extracting full details of all our data
protection practices, including copies of any policy documents relating to data protection
would require us to search multiple databases and volumes of documents, over an
indeterminate period, and across all the constituent parts and agencies of the department.
This would exceed the appropriate limit. Consequently, we are not obliged to comply with
Outside the scope of the FOIA, we can direct you to the MoJ Information Charter which sets
out our DPA practices and overarching policy, and can be accessed via: https://www.gov.uk/government/organisations/ministry-of-justice/about/personal-information-
Although we cannot answer your request at the moment, we may be able to answer a
refined request within the cost limit. You may wish to consider, for example, requesting a
specific named document or requesting copies of documents published in a certain month
Please be aware that we cannot guarantee at this stage that a refined request will
fall within the FOIA cost limit, or that other exemptions will not apply.
For guidance on how to structure successful requests please refer to the ICO website on the
following link: http://ico.org.uk/for_the_public/official_information
If you are not satisfied with this response you have the right to request an internal review by
responding in writing to one of the addresses below within two months of the date of this
Disclosure Team, Ministry of Justice, 10.38, 102 Petty France, London, SW1H 9AJ
You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any
aspect of your complaint. However, please note that the ICO is likely to expect internal
complaints procedures to have been exhausted before beginning their investigation.
Yours sincerely Communications and Information Services