Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywMr Williams mewngofnodwch a gadael i bawb wybod.

eIDAS equivalent certificates for PSD2

We're waiting for Mr Williams to read recent responses and update the status.

Dear Financial Conduct Authority,

In the FCA's guide to the adjustment period for secure customer authentication (https://www.fca.org.uk/firms/strong-cust...) the FCA includes an item on eIDAS certificates for TPPs using open banking access.

Please provide:

1. Documentation and communications showing what the FCA have assessed as being 'equivalent' to eIDAS, e.g. which criteria are used to judge 'equivalentness'.

2. Documentation and communications relating to how the Open Banking Implementation Entity's privately issued certificates were judged to be equivalent to eIDAS - i.e. how they were judged against the criteria mentioned above.

Yours faithfully,

Mr Williams

The Financial Conduct Authority

Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

This communication and any attachments may contain personal information. For more information about how and why we use personal information and who to contact with any queries about this, please see our privacy notices: FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR Privacy Notice (https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.

The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information, The Financial Conduct Authority

 

Our ref: FOI6759

 

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

We refer to your request under the Freedom of Information Act 2000 (“the
Act”) for the following information:

 

“In the FCA's guide to the adjustment period for secure customer
authentication
(https://www.fca.org.uk/firms/strong-cust...) the FCA
includes an item on eIDAS certificates for TPPs using open banking access.

 

Please provide:

 

1. Documentation and communications showing what the FCA have assessed as
being 'equivalent' to eIDAS, e.g. which criteria are used to judge
'equivalentness'.

2. Documentation and communications relating to how the Open Banking
Implementation Entity's privately issued certificates were judged to be
equivalent to eIDAS - i.e. how they were judged against the criteria
mentioned above.”

 

Your request is currently being considered and, in doing so, we are of the
view that the following qualified exemption under the Act may apply:

 

o section 43 (commercial interests)

 

This is because we consider that disclosure would, or would be likely to,
prejudice the commercial interests of any person (including the public
authority holding it).

 

As this is the case, the FCA is required to weigh the public interest in
maintaining the exemption against the public interest in disclosing any
information.

 

By virtue of section 10(3), where public authorities have to consider the
balance of the public interest in relation to a request, they do not have
to comply with the request until such time as is reasonable in the
circumstances.  The FCA has not yet reached a decision on the balance of
the public interest.  Due to the need to consider, in all the
circumstances of the case, where the balance of the public interest lies
in relation to the information that you have requested, the FCA will not
be able to respond to your request in full within 20 working days.  In
these circumstances, we hope to be in a position to respond to you by 4^th
November 2019, although should we be in a position to contact you sooner
we will do so.

 

Yours sincerely

 

 

Information Disclosure Team

Financial Conduct Authority

 

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

Dear Freedom of Information,

In respect of your balancing exercise, I would point out some strong public interest aspects that I would expect to see the FCA consider:

1) The FCA has issued a public statement on this matter without any actual detail
2) TPPs and ASPSPs should be able to know what is considered 'equivalent', otherwise the relaxation looks arbitrary
3) FCA are relaxing the provisions of an EU Directive that is in place to protect the public; that is a powerful counter to narrow commercial interested.

Yours sincerely,

Mr Williams

The Financial Conduct Authority

Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

This communication and any attachments may contain personal information. For more information about how and why we use personal information and who to contact with any queries about this, please see our privacy notices: FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR Privacy Notice (https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.

The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information, The Financial Conduct Authority

3 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

We refer to your request under the Freedom of Information Act 2000 (“the
Act”), received on 9 September 2019, for information in relation to how
the Open Banking Implementation Entity’s privately issued certificates
were judged to be equivalent to eiDAS.  For full details of your request
please see Annex A.

 

When we wrote to you on 7 October, we explained that we needed more time
to balance the “public interest” arguments for and against disclosure in
relation to the information you are seeking.  This exercise has now been
completed.

 

We can confirm that we hold information that falls within the scope of
your request.  However, we are unable to disclose it to you as we consider
this to be confidential information which we have received in the
discharge of our functions under the Financial Services and Markets Act
2000 ("FSMA").  As a result, for the reasons outlined in Annex B below, we
are prohibited from disclosing the information to you under section 44
(Prohibitions on disclosure) of the Act.

 

Further we also consider that disclosure of this information could
prejudice the commercial interests of Open Banking Implementation Entity
(OBIE) were any of their details to be made public, and therefore section
43 (Commercial interests) applies.  Please see Annex B for further
information.

 

If you are unhappy with the decision made in relation to your request, you
have the right to request an internal review.  If you wish to exercise
this right you should contact us within 40 working days of the date of
this response.

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner at Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF.  Telephone: 01625 545 700.  Website: [1]www.ico.org.uk.

 

Yours sincerely

 

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[2]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

[3]www.fca.org.uk

 

Follow us:

 

[4]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

Annex A

“In the FCA's guide to the adjustment period for secure customer
authentication
(https://www.fca.org.uk/firms/strong-cust...) the FCA
includes an item on eIDAS certificates for TPPs using open banking access.

 

Please provide:

 

1.     Documentation and communications showing what the FCA have assessed
as being 'equivalent' to eIDAS, e.g. which criteria are used to judge
'equivalentness'.

 

2.     Documentation and communications relating to how the Open Banking
Implementation Entity's privately issued certificates were judged to be
equivalent to eIDAS - i.e. how they were judged against the criteria
mentioned above.”

 

 

 

Annex B:

 

·            General right of access to information held by public
authorities

 

Under section 1(1)(a) of the Act, any person making a request for
information to a public authority is entitled to be informed in writing by
the public authority whether it holds information of the description
specified in the request. If the public authority holds information of the
type specified in the request, the person requesting the information is
entitled under section 1(1)(b) to have the information communicated to
them.  The rights in section 1(1)(a) and (b) are, however, subject to a
number of exclusions and exemptions, including the following:

 

·            Section 43 (Commercial Interests)

 

Section 43(2) of the Act provides that information is exempt if its
disclosure would, or would be likely to, prejudice the commercial
interests of any person (including the public authority holding it).

The commercial interests of OBIE may be harmed in several ways as this
would be likely to lead to further comment and speculation about them.  In
turn, this would or would be likely to harm the firm’s brand and so harm
their commercial interests as well as that of their stakeholders,
including employees or those individuals associated with the firm, either
now or in the past.  As there is no routine public disclosure of a firm’s
dealings with the FCA, ad hoc public disclosure under the Act would be
likely to attract a disproportionate amount of attention to the firm
concerned.

This exemption is qualified and we have balanced the public interest for
and against disclosure as required by the Act.

For disclosure:

·            Disclosure of the information would reassure the public about
the effectiveness of the regulatory approach taken by the FCA, and
demonstrate how the FCA responds to supervisory matters within the sector
it regulates.

 

·            Disclosure would also provide information to consumers to
assist them in making decisions about their dealings or potential dealings
with firms and individuals that are, or may be, operating in the financial
services industry.

 

Against disclosure:

 

·            Disclosure could lead to widespread speculation which could
affect the firm’s brand and reputation in the market in which they
operate, in the absence of due process having been followed - i.e. in the
absence of any formal public announcement and without the firm having had
the opportunity to comment.

 

On this occasion, and for the reasons set out above, we have concluded
that the balance of the public interest is in favour of not disclosing the
information.

 

·            Section 44 (Prohibitions on disclosure)

 

Section 44(1)(a) of the Act provides that information is absolutely exempt
if its disclosure (otherwise than under the Act) is prohibited by or under
any enactment.

 

Section 348 of FSMA restricts the FCA from disclosing "confidential
information" it has received except in certain limited circumstances (none
of which apply here).

 

Confidential information for these purposes is defined as information
which relates to the business or other affairs of any person and which was
received by the FCA for the purposes of or in the discharge of its
functions under FSMA and which is not in the public domain.

 

Some of the information sought in your request was received by the FCA for
the purpose of carrying out its regulatory functions and so falls within
section 348 of FSMA.  Consequently, the FCA is prohibited from disclosing
it to you.

 

Disclosure of any such confidential information is in breach of section
348 of FSMA and is a criminal offence.

 

Section 44 is an absolute exemption so it is not necessary to balance the
public interest for and against disclosing the information.

 

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
1. http://www.ico.org.uk/
3. http://www.fca.org.uk/
4. https://twitter.com/TheFCA
5. https://www.linkedin.com/company/financi...

Dear The Financial Conduct Authority,

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

I am writing to request an internal review of The Financial Conduct Authority's handling of my FOI request 'eIDAS equivalent certificates for PSD2'.

No part of the reasoning given appears to be applicable to the first part of the request:
"Documentation and communications showing what the FCA have assessed as
being 'equivalent' to eIDAS, e.g. which criteria are used to judge 'equivalentness'."

FCA have issued a public statement as part of its regulatory work requesting 'equivalentness' to eIDAS with no detail whatsoever on what criteria are being used to assess this. I do not believe that the FCA will not have prepared some material to look at this issue - unless the implication is that FCA have been led in this area by Open Banking Limited, a commercial organisation, to propose only the Open Banking product.

In regards to the second part of the request, FCA have chosen to single out for recommendation the Open Banking product - and only the Open Banking product. It is therefore this decision that leads to scrutiny of the Open Banking product, and it is unreasonable to say the public interest is not therefore engaged in examination of why FCA has chosen to recommend a particular commercial product over any other. There is an extremely strong public interest in knowing why.

Furthermore, in recommending a specific commercial product that has been chosen outside the lawful open processes, FCA appears to be in breach of public procurement law, creating an overriding public interest in disclosure of the information requested.

In terms of FSMA prohibition on disclosure of information, recommendation of Open Banking's product is not a regulatory function that FCA is charged with in relation to Open Banking. Therefore, logically, any information received from Open Banking Limited that led to FCA recommending the Open Banking product was not received from Open Banking in the discharge of the FCA's regulatory functions. It was received in the course of sourcing a commercial product, which FCA is now recommending to the bodies that it regulates.

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

Yours faithfully,

Mr Williams

The Financial Conduct Authority

Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

This communication and any attachments may contain personal information. For more information about how and why we use personal information and who to contact with any queries about this, please see our privacy notices: FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR Privacy Notice (https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.

The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information Appeals, The Financial Conduct Authority

3 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

Thank you for your email dated 4 November, regarding the information you
have requested under the Freedom of Information Act 2000 with the above
reference.  

 

We are considering the points you have raised and will contact you again
as soon as possible.  If it is likely to take more than 20 working days
from the date of receiving your email to respond in full, we will write to
you again.

 

Yours sincerely

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[1]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

[2]www.fca.org.uk

 

Follow us:

 

[3]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
2. http://www.fca.org.uk/
3. https://twitter.com/TheFCA
4. https://www.linkedin.com/company/financi...

Freedom of Information Appeals, The Financial Conduct Authority

3 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

I refer to your request under the Freedom of Information Act 2000 (“the
Act”) for the following information:

 

“In the FCA's guide to the adjustment period for secure customer
authentication
(https://www.fca.org.uk/firms/strong-cust...) the FCA
includes an item on eIDAS certificates for TPPs using open banking access.

 

Please provide:

 

1. Documentation and communications showing what the FCA have assessed as
being 'equivalent' to eIDAS, e.g. which criteria are used to judge
'equivalentness'.

 

2. Documentation and communications relating to how the Open Banking
Implementation Entity's privately issued certificates were judged to be
equivalent to eIDAS - i.e. how they were judged against the criteria
mentioned above.”

 

 

I am sorry to inform you that we are still processing your request for an
internal review and therefore will not be in a position to answer it fully
by today’s deadline.

 

We will endeavour to respond by Monday 23 December 2019 .

 

In the meantime, I thank you for your understanding and patience.

 

Yours sincerely

 

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[1]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

[2]www.fca.org.uk

 

Follow us:

 

[3]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
2. http://www.fca.org.uk/
3. https://twitter.com/TheFCA
4. https://www.linkedin.com/company/financi...

Freedom of Information Appeals, The Financial Conduct Authority

3 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

I refer to our email dated 2 December 2019, and am writing to inform you
that we have not yet reached a decision regarding your request for an
internal review of the FCA’s response to your information request with the
above reference, made under the Freedom of Information Act 2000.

 

This is because we are currently experiencing a very high volume of
incoming requests. We are still considering this matter and hope to be in
a position to respond to you by Monday 20 January 2020, although should we
be able to contact you sooner we will do so.

 

Thanking you for your continuing patience.

 

Yours sincerely

 

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[1]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

[2]www.fca.org.uk

 

Follow us:

 

[3]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
2. http://www.fca.org.uk/
3. https://twitter.com/TheFCA
4. https://www.linkedin.com/company/financi...

Dear Freedom of Information Appeals,

I requested an Internal Review on 4 November. According to the ICO's Good Practice Guide, an Internal Review should take no more than 20 working days.

Only in exceptional circumstances should an Internal Review take more than 20 working days, and in no case should it ever take more than 40 working days.

Your suggestion of a further extension to the deadline for response is unacceptable, especially as the reason you have given - a large number of incoming requests - is not a proper justification for de-prioritising an internal review request.

Yours sincerely,

Mr Williams

Freedom of Information Appeals, The Financial Conduct Authority

1 Atodiad

Our Ref: FOI6759
 
Dear Mr Williams
 
Freedom of Information: Right to know request
 
Thank you for your email below. Please accept our sincere apologies for
the delay in responding to your request.
 
Your request has not been de-prioritised but as we are currently
experiencing a very high volume of incoming requests we are having to
prioritise them in date order.
 
We will endeavour to send you a response by Monday 20 January 2020 or
before this date if possible.
 
In the meantime, we thank you for your understanding and patience.
 
Yours sincerely,
 
Information Disclosure Team / Cyber and Information Resilience Department
/ Operations
12 Endeavour Square
Stratford
London
E20 1JN
[1]www.fca.org.uk
 
 
 
 
 

dangos adrannau a ddyfynnir

Freedom of Information Appeals, The Financial Conduct Authority

3 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

l refer to our email of 8 January 2020 and am sorry to advise that we have
not yet concluded our review of your request.

 

As previously explained we are currently experiencing a very high volume
of incoming requests and are having to prioritise them in date order. In
the case of your own request, after further consideration we are of the
view that an additional exemption to disclosure (Section 36 – Prejudice to
the effective conduct of public affairs) may apply to the information we
hold and therefore further detailed consideration of your request is
required.

 

We will endeavour to send you a response by Tuesday 18 February 2020 or
before this date if possible.

 

I appreciate that you had hoped for an early response and would ask that
you please accept our sincere apologies for the delay in responding to
your request.  In the meantime, we thank you for your understanding and
patience.

 

Yours sincerely

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[1]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

[2]www.fca.org.uk

 

Follow us:

 

[3]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
2. http://www.fca.org.uk/
3. https://twitter.com/TheFCA
4. https://www.linkedin.com/company/financi...

Dear Freedom of Information Appeals,

I have discussed this with the Information Commissioner's Office, who have agreed that the failure to respond in any reasonable timeframe can be interpreted as a refusal by the FCA to complete an internal review.

I have therefore submitted a formal complaint to the ICO for the failure to disclose the information requested.

Yours sincerely,

Mr Williams

Freedom of Information Appeals, The Financial Conduct Authority

1 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

l am writing further to our email dated 20 January 2020.

 

Since we wrote, the Information Commissioner’s Office (ICO) informed us on
1 February 2020 that they have received a complaint from you as you have
not received a decision regarding the internal review you requested on 4
November 2019, with the above FCA reference. 

The ICO informed us that if we have not issued you with an internal review
decision, we should do so within 20 working days (of the date of their
communication), as the review has already been delayed. 

 

I should explain that we are currently experiencing a very high volume of
incoming requests and are having to prioritise them in date order.  Please
be assured your internal review request is being processed but we are not
in a position to respond at this stage.

 

We will endeavour to send you a response by Friday 28 February 2020 or
before this date if possible.

 

In the meantime, we thank you for your understanding and patience.

Yours sincerely

 

 

Information Disclosure Team / Cyber and Information Resilience Department 

[1]cid:image001.png@01D4025A.803ED2A0

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

 

[2]www.fca.org.uk

 

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
2. http://www.fca.org.uk/

Freedom of Information Appeals, The Financial Conduct Authority

4 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

I refer to your email received on 4 November 2019 asking the Financial
Conduct Authority (“FCA”) to review its decision of the same date provided
in response to the information you requested under the Freedom of
Information Act 2000, with the above reference.  Please find attached the
outcome of the FCA's review.

 

Please accept our apologies for the time it has taken to complete this
review.   

 

For ease of reference, I also include below the hyperlink provided in our
reply:

 

[1]https://www.fca.org.uk/firms/strong-cust...

 

Yours sincerely

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[2]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

[3]www.fca.org.uk

 

Follow us:

 

[4]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
1. https://www.fca.org.uk/firms/strong-cust...
3. http://www.fca.org.uk/
4. https://twitter.com/TheFCA
5. https://www.linkedin.com/company/financi...

Freedom of Information Appeals, The Financial Conduct Authority

Freedom of Information Appeals would like to recall the message, "FOI6759 - Right to know request - Internal review (Outcome)".

This communication and any attachments may contain personal information. For more information about how and why we use personal information and who to contact with any queries about this, please see our privacy notices: FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR Privacy Notice (https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.

The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 12 Endeavour Square, Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 12 Endeavour Square, Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information Appeals, The Financial Conduct Authority

4 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

I am resending our response to you and would ask that you please disregard
the email sent to you today at 17:40 as our reference number was quoted
incorrectly. I apologise for any confusion this may have caused you.

 

I refer to your email received on 4 November 2019 asking the Financial
Conduct Authority (“FCA”) to review its decision of the same date provided
in response to the information you requested under the Freedom of
Information Act 2000, with the above reference.  Please find attached the
outcome of the FCA's review.

 

Please accept our apologies for the time it has taken to complete this
review.   

 

For ease of reference, I also include below the hyperlink provided in our
reply:

 

[1]https://www.fca.org.uk/firms/strong-cust...

 

Yours sincerely

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[2]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

[3]www.fca.org.uk

 

Follow us:

 

[4]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
1. https://www.fca.org.uk/firms/strong-cust...
3. http://www.fca.org.uk/
4. https://twitter.com/TheFCA
5. https://www.linkedin.com/company/financi...

Dear Ms Cross,

Thank you for your response to my request for an internal review of my Freedom of Information request.

I am afraid your letter raises some very troubling issues of its own.

It is your position that there is no information held, and that earlier responses saying that information was held were "in error".

However, if the timeline of the request is reviewed, I was told on 7 October that additional time for the response was requested to apply a balancing test to determine if it was in the public interest to disclose the information. This section 2(1)b test (and the section 10(3) additional time) are predicated on assessing for information. This is difficult to reconcile with there not having been any relevant information.

On the further response of 4 November I was told that this balancing test had been completed. I was further given a reasonably detailed response stating that the information could not be disclosed because of "commercial interests" of OBIE (wherein the public balancing test had come down against disclosure), and also FSMA prohibition on disclosure.

That is a considerable degree further than being merely a erroneous statement that information was held when it wasn't: it strongly suggests that specific information was under contemplation to reach those conclusions.

It is certainly hard to understand how it could be claimed those exemptions were engaged if no information had been located.

Without further explanation of how those earlier responses came to happen, it naturally raises the suspicion that the latter response might not be truthful of the two: FCA's earlier responses certainly provide some evidence that information did exist when they were written. What confidence can there be that it was not destroyed?

Yours sincerely,

Mr Williams

Freedom of Information Appeals, The Financial Conduct Authority

4 Atodiad

Our Ref: FOI6759

 

Dear Mr Williams

 

Freedom of Information: Right to know request

 

I refer to your email received on 3 March 2020 about the internal review
response provided to you under the Freedom of Information Act 2000, with
the above reference.  Please find attached our response.

 

For ease of reference, I also include the link provided in our reply:
[1][email address].

 

Yours sincerely

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[2]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

Tel:    +44 (0)20 7066 1000

[3]www.fca.org.uk

 

Follow us:

 

[4]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
1. mailto:[email address]
3. http://www.fca.org.uk/
4. https://twitter.com/TheFCA
5. https://www.linkedin.com/company/financi...

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywMr Williams mewngofnodwch a gadael i bawb wybod.