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

Internal communication regarding the FOIA Request on Open Finance Advisory Group

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

Dear The Financial Conduct Authority,

I would like to request, under the FOIA act, the internal emails that relate the discussion of the FOIA Request titled "Advisory Group on open finance" (https://www.whatdotheyknow.com/request/a...)

The email search should be completed between 20 January 2020 and the 14th August 2020 and include all individuals involved in the decision to exempt information from being released under the FOIA "right to know".

Please release all emails in their raw form. I submit that personal information under exemption 40 may be redacted.

Many thanks for you assistance and cooperation - it is appreciated.

Yours faithfully,

Mr J. Recard

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:        FOI7569

 

Dear Mr Recard

 

Freedom of Information: Right to know request

 

Thank you for your email of 14 August 2020, in which you asked:

 

I would like to request, under the FOIA act, the internal emails that
relate the discussion of the FOIA Request titled "Advisory Group on open
finance"
(https://www.whatdotheyknow.com/request/a...)

 

The email search should be completed between 20 January 2020 and the 14th
August 2020 and include all individuals involved in the decision to exempt
information from being released under the FOIA "right to know".

 

We are handling your email as a request for information under the Freedom
of Information Act 2000 (FOIA), but have not yet reached a decision on the
outcome.  We explain below how we must treat your request and what happens
next.

 

Why we haven’t reached a decision

 

FOIA carries a presumption in favour of disclosure (which means we assume
we can disclose information), but it provides exemptions which may be used
to withhold information in specified circumstances.

 

In considering your request, we are of the view that the qualified
exemption at section 31 (Law enforcement) may apply.  This is because we
are considering whether releasing any information would, or would be
likely to, prejudice our functions under the Financial Services and
Markets Act 2000 (FSMA).

 

There is further information on section 31 on the Information
Commissioner’s Office (ICO) website [1]here.

 

This qualified exemption is subject to a public interest test which must
be carried out to balance the factors ‘for and against’ maintaining this
exclusion (under section 10(3)).  Due to the need to consider all the
circumstances of the case, we have not yet reached a decision on the
balance of the public interest so we will not be able to respond to your
request in full within 20 working days.  We hope to respond to you by 12
October 2020 at the latest.

 

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

 

 

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://ico.org.uk/for-organisations/gui...
3. http://www.fca.org.uk/
4. https://twitter.com/TheFCA
5. https://www.linkedin.com/company/financi...

Freedom of Information, The Financial Conduct Authority

1 Atodiad

Our ref:         FOI7569

 

Dear Mr Recard

 

Further to our email, dated 14 September 2020, we are conscious that we
informed you we expected to be able to respond to your request by today.

 

However, we realise that we will not be able to undertake and complete the
necessary public interest tests on the information you have requested by
today’s statutory deadline.

 

We are sincerely sorry for the delay and would like to assure you that we
are committed to resolving this request and anticipate being able to
complete the work and send you a response by 26 October 2020 if not
sooner.

 

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

 

Yours sincerely

 

 

Anne Gordon

FOI Case Officer / Information Disclosure Team / Cyber and Information
Resilience Department / Operations / Ext: 64210

 

This email is FCA Official unless marked otherwise

 

[1]FCA_Values_email-signature-image_resize

 

 

 

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://thefca.sharepoint.com/sites/Intr...

Freedom of Information, The Financial Conduct Authority

4 Atodiad

Our ref:        FOI7596

 

Dear Mr Recard

 

Freedom of Information: Right to know request

 

Thank you for your request of 14 August 2020, for the following:

 

“I would like to request, under the FOIA act, the internal emails that
relate the discussion of the FOIA Request titled "Advisory Group on open
finance"
([1]https://www.whatdotheyknow.com/request/a...)

 

The email search should be completed between 20 January 2020 and the 14th
August 2020 and include all individuals involved in the decision to exempt
information from being released under the FOIA "right to know".”

 

Please accept our apologies for the delay in responding to you. In our
previous correspondence we explained we were of the view that the
qualified exemption at section 31 of the Freedom of Information Act 2000
(FOIA) may apply, and that we needed more time to balance the public
interest in maintaining the exemption. We have now completed this exercise
and our decision is outlined below.

 

Our decision on your request

 

We have considered your request in line with the FOIA requirements, and we
have concluded that section 31 of FOIA does not apply. We can therefore
confirm that we hold information relevant to your request and the
information we can disclose can be found in Annex A.

 

We are, however, unable to disclose the remainder of the information, as
this is confidential information that the FCA has received in the course
of carrying out its public functions under section 348 of the Financial
Services and Markets Act 2000 (FSMA). We are prohibited from disclosing
such information under section 44 of FOIA.

 

Furthermore, we are unable to disclose some of the information contained
within the documents requested as we consider the exemption under section
40 (Personal Information) applies to the names of staff below manager
level and to staff’s contact details. Additionally,as disclosure of the
content of the discussions that took place during the Advisory Group
sessions may allow the identification of individual members of the group,
whose names are publicly available from our [2]website. On this basis, we
have also redacted the name of an individual mentioned in the 29 July
Agenda (Annex A).

 

For a detailed explanation of why these exemptions apply, please refer to
Annex [to insert] below.

 

Your right to complain under FOIA

 

If you are unhappy with this response, you have the right to request an
internal review.  To do so, please 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 by phone or on
their website at:

 

Telephone:     0303 123 1113

Website:        [3]www.ico.org.uk

 

Yours sincerely

 

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

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

12 Endeavour Square

London

E20 1JN

 

[5]www.fca.org.uk

 

Follow us:

 

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

 

 

Annex A

 

See attached

 

Annex B

 

 

·                General right of access to information held by public
authorities

 

Anyone requesting information from a public authority is entitled to be
informed in writing whether it holds the information described (this is
under section 1(1)(a) of FOIA).  If the public authority does hold it, the
person requesting it is entitled to have the information communicated to
them, under section 1(1)(b).  However, there are exclusions and exemptions
to these rights.

 

·                Section 44 (Prohibitions on disclosure)

 

Section 44(1)(a) of FOIA states that information is absolutely exempt from
disclosure if this is prohibited by law.  Section 348 of FSMA restricts
the FCA from disclosing ‘confidential information’ it has received. FSMA
allows exceptions to this in a few specific circumstances, but none of
these apply to this request.

 

Confidential information here is defined as non-public and non-anonymised
information involving a person’s business or other affairs, which the FCA
received in the exercise of its functions under FSMA.

 

It is also possible for “received” information to be embedded within
information created by the FCA and such information is also exempt from
disclosure under section 44 of FOIA.  Consequently, the FCA is prohibited
from disclosing to you any information which we received while performing
our regulatory duties and which is not in the public domain or where the
relevant consents have not been obtained.

 

As mentioned, the minutes of the meetings held contain confidential
information under this provision. If we disclosed it without the
providers’ consent, or the consent of the persons the information is
about, we would be in breach of section 348 of FSMA. This would be a
criminal offence.

 

In many requests for information under FOIA we have to judge different
factors to determine whether disclosing the requested information would be
in the public interest or not. This, however, is an “absolute” exemption,
and so it is not necessary to balance the public interest for and against
disclosing the information.

 

·                Section 40 (Personal data)

 

To the extent that the information that we hold contains personal data
about individuals, section 40(2)(b) of the Act provides that "[a]ny
information to which a request for information relates is also exempt
information if any of the three conditions listed in s40(3A), s40(3B) or
s40(4A) is satisfied".

 

1.    We have applied this exemption because the first condition (as
stated in section 40(3A) of FOIA) is satisfied.  Some of the information
you have requested comprises the personal data of individuals other than
yourself which, if disclosed, would breach the requirement of Regulation
(EU) 2016/679 of the European Parliament and of the Council of 27 April
2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation) (“GDPR”) including
the data protection principles of Article 5 and the Data Protection Act
2018 (“DPA”)

 

2.    In particular, it would be a breach of the first data protection
Principle as set out in Article 5 of the GDPR, to disclose such
information, as it would not be necessary or fair to the individuals
concerned, or lawful, where none of the conditions in Article 6(1) of the
GDPR have been met.  The individual(s) concerned have not given their
consent for their personal details to be made public and the release of
such information may be detrimental to the individuals themselves.

 

This is an “absolute” exemption, and 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. https://www.whatdotheyknow.com/request/a...
2. https://www.fca.org.uk/firms/advisory-gr...
3. http://www.ico.org.uk/
5. http://www.fca.org.uk/
6. https://twitter.com/TheFCA
7. 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 J. Recard mewngofnodwch a gadael i bawb wybod.