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

Maidstone Borough Council / Mid Kent Services DATA SHARING

Ed Boyce made this Rhyddid Gwybodaeth request to Maidstone Borough Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

We're waiting for Ed Boyce to read a recent response and update the status.

Dear Maidstone Borough Council,

MBC / MKS DATA SHARING

How many complaints has MBC and MKS recieved about data sharing of personal information without consent since the inception of MID KENT SERVICES.

What actions have been taken and how many breaches have been reported to the ICO and how many have been reported within 72 hours of a breach.

What data has been shared with out sourced solicitors for civil matters without consent.

Who has authorised this data to be shared and to which out sourced solicitors firm or company, please state which legal entity and provide their names and for what purpose.

Who is your data protection officer and do they have a duty to protect living individuals data rights or are they there to protect the council's rights and your agents.

Who within the council is responsible for confirming who is acting on behalf of the council in civil legal matters and are the council or councillor's or DPO allowed to remain silent (concealment).

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce
 
FREEDOM OF INFORMATION ACT REQUEST
 
Ref: FOI/3812
 
Thank you for your request for information. We will endeavour to provide
our response within statutory timescales. However, please be aware that
the Council is currently facing increased pressures due to COVID-19.  The
Information Commissioner has released guidance to help us through this
difficult time which can be found [1]here.  It allows for a more measured
approach in handling FOI requests, should it be needed.
 
After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[2]https://ico.org.uk/for-organisations/gui...
 
If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.
 
Yours sincerely
 
FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
w [3]www.maidstone.gov.uk
 
 
 

dangos adrannau a ddyfynnir

Complaints & FOI (MBC), Maidstone Borough Council

1 Atodiad

Date: 10/03/2021

Ref: FOI/3812

 

 

Dear Ed Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

I am writing to confirm that the Council has now completed its search for
the information you requested.

 

A copy of the information is enclosed.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours Sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent

ME15 6JQ

w [1]www.maidstone.gov.uk

To access our digital services please visit https://maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Complaints & FOI (MBC),

Prior to being called Mid-Kent Services your agency service providers were called Mid-Kent Improvement Partnership please ensure you have provided all complaints relating to their previous name and all sub-agencies relating to both names.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

I can confirm that we have not received any complaints relating to Mid-Kent Improvement Partnership or any sub-agencies.

Yours sincerely

FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

The ICO have confirmed that they have recieved 15 complaints under the Freedom of Information Act, 2 under the Environmental Information Regulations and 18 under the data protection legislation.

With this in mind how can Maidstone Borough Council and connected agents (your partnership service providers who also instruct agents on the council's behalf) claim to have recieved no complaints?

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

The information we hold shows that we have not received any complaints about data sharing of personal information without consent since the inception of MID KENT SERVICES. The information we hold also shows that we have not received any complaints relating to Mid-Kent Improvement Partnership or any sub-agencies.

If you are unhappy with the service you have received in relation to your request, please respond to this email and I will pass it on to Mid Kent Legal Services to conduct a review.

Yours sincerely

FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Can MBC who shares personal data with MKS (both legal services and revenues and benefits etc) confirm whether you have shared personal data of natural individuals with your London external solicitors who created a company for debt recovery work 'J E BARING LTD ' .

Did MBC instruct this company to act on your behalf prior to this company being registered with the ICO for data protection purposes on 3 March 2021.

Although, you claim not to have received any complaints and have not reported any breaches to the ICO did you further instruct this company that you have shared personal data with, to further share this personal data with others such as barristers BEFORE J E BARING LTD was registered with the ICO on 3 March 2021.

Provide all dates (only the dates are required) prior to 3 March 2021 that MBC either directly or through your partnership service provider MKS shared personal data to J E Baring Ltd.

Yours sincerely,

Ed Boyce

Gadawodd Ed Boyce anodiad ()

Councils should not be concealing which legal entities they are instructing and further instructing when they are processing and sharing personal data.

If transferred from internal solictors to external solicitors who have created more than one legal entity, it must be made clear and transparent, by both the council and solicitors, which of these legal entities have been sent your data and who has recieved it and the reason why it has been shared and for what purpose.

It must not be transferred to multiple unaccountable agents to use as they see fit.

Gadawodd Ed Boyce anodiad ()

Why would a 'debt recovery company' J E Baring Ltd formed by external London solicitors on 8 August 2019 , yet not registered with SRA until 14 January 2020 or registered with ICO until 3 March 2021, be instructed by Maidstone Borough Council in February 2021 ?

Are external solicitors allowed to be instructed through one vehicle such as a partnership for pre-hearings and then suddenly swop legal entity to their company for a trial hearing? This does not seem ethical especially if the latter has yet to be registered with the ICO ?

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

FREEDOM OF INFORMATION ACT REQUEST

Ref: FOI/4441

Thank you for your request for information. We will endeavour to provide our response within statutory timescales. However, please be aware that the Council is currently facing increased pressures due to COVID-19. The Information Commissioner has released guidance to help us through this difficult time which can be found here. It allows for a more measured approach in handling FOI requests, should it be needed.

After considering your request, we may decide to refuse to supply the information under a number of exemptions that exist in legislation. For details of these exemptions, please visit the Information Commissioner’s website: https://ico.org.uk/for-organisations/gui...

If you have any queries about this letter, please contact me. Please remember to quote the reference above in any future communications.

Yours sincerely

FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Complaints & FOI (MBC), Maidstone Borough Council

1 Atodiad

Date: 27/05/2021
Ref: FOI/4441

Dear Ed Boyce

FREEDOM OF INFORMATION ACT REQUEST

Please find attached the Council's response to your FOI request.

If you have any queries about this letter, please contact me. Please remember to quote the reference above in any future communications.

If you are unhappy with the service you have received in relation to your request and wish to request a review of our decision, please respond to this email and I will pass it on to Mid Kent Legal Services to conduct a review. Please ensure you outline your reasons for requesting a review.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours Sincerely

FOI Team
Policy and Information
Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent
ME15 6JQ
w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Dear Maidstone Borough Council,

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

I am writing to request an internal review of Maidstone Borough Council's handling of my FOI request 'Maidstone Borough Council / Mid Kent Services DATA SHARING'.

It appears impossible that Maidstone Borough Council do not know who you have been sharing personal data with or with which legal entity. How can you claim not to hold this information when information is shared with MKS who also share this information and who must know who they instructed to act on your behalf, either a company or a partnership or is it a third entity:

J E Baring & Co
Company type Non-Limited Business
Company No: 3483212

Please also clarify why you are also denying having instructed J E Baring Ltd when you are required to have a contract in place BEFORE you share personal data of natural individuals.

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

Yours faithfully,

Ed Boyce

Gadawodd Ed Boyce anodiad ()

J E BARING & CO
63-66 HATTON GARDEN, LONDON, EC1N 8LE
Company Status ACTIVE 3483212
Company Type Non-limited Business
Senior Executive MR ALLAN HOOPER
Position Manager
https://companycheck.co.uk/nonLimitedCom...

MAIDSTONE BOROUGH COUNCIL
Maidstone House, King Street, Maidstone, Kent, ME15 6JQ
Company Age 18 Years
Company Status ACTIVE 2625039
Company Type Non-limited Business
Senior Executive MRS ALISON BROOM
Position Chief Executive
https://companycheck.co.uk/nonLimitedCom...

Complaints & FOI (MBC), Maidstone Borough Council

Date: 01/06/21
Ref: FOI/4441

Dear Ed Boyce

Thank you for your request for an internal review. I have passed this on to Mid Kent Legal Services to review your request and the response. You will receive a response within 20 working days.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. https://ico.org.uk/

Yours sincerely,

Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Gadawodd Ed Boyce anodiad ()

Who has Maidstone Borough Council been paying £40,000 of public funds to and sharing natural individuals person data with, why all the secrecy and concealment; apparently councils are supposed to be transparent in their dealings!

It is also confusing and non-transparent to be awarding public funds via a contract if there is no actual contract in place.

MBC Legal Fees Contract - J E Baring & Co CA29830
https://www.whatdotheyknow.com/request/m...

Gary Rowland,

Dear Ed Boyce

 

Review of FOI #4441 – Maidstone Borough Council

 

I have considered your request for review, dated 30 May 2021.

 

Your request for review stated:

 

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

 

I am writing to request an internal review of Maidstone Borough Council's
handling of my FOI request 'Maidstone Borough Council / Mid Kent Services
DATA SHARING'.

 

It appears impossible that Maidstone Borough Council do not know who you
have been sharing personal data with or with which legal entity. How can
you claim not to hold this information when information is shared with MKS
who also share this information and who must know who they instructed to
act on your behalf, either a company or a partnership or is it a third
entity:

 

J E Baring & Co

Company type Non-Limited Business

Company No: 3483212

 

Please also clarify why you are also denying having instructed J E Baring
Ltd when you are required to have a contract in place BEFORE you share
personal data of natural individuals.

 

Your initial request asked for the following information:

 

 1. Can MBC who shares personal data with MKS (both legal services and
revenues and benefits etc) confirm whether you have shared personal
data of natural individuals with your London external solicitors who
created a company for debt recovery work 'J E BARING LTD ' .

 

 2. Did MBC instruct this company to act on your behalf prior to this
company being registered with the ICO for data protection purposes on
3 March 2021.

 

 3. Although, you claim not to have received any complaints and have not
reported any breaches to the ICO did you further instruct this company
that you have shared personal data with, to further share this
personal data with others such as barristers BEFORE J E BARING LTD was
registered with the ICO on 3 March 2021.

 

 4. Provide all dates (only the dates are required) prior to 3 March 2021
that MBC either directly or through your partnership service provider
MKS shared personal data to J E Baring Ltd.

 

The Council issued the following response:

 

We do not record this information.

 

Response

 

Having fully reviewed your request for review, I uphold the Council’s
response. In carrying out my review, I have spoken to the relevant officer
in order to seek clarification.

 

The Freedom of Information Act 2000 covers any recorded information that
is held by a public authority. The Act does not cover information that is
in someone’s head and a public authority is not required to create new
information or find the answer to a question from staff who may happen to
know it. I consider that the majority of your questions are seeking a
yes/no response rather than specific recorded information. I can confirm
that the Council shares personal data with external solicitors where there
is a legitimate reason to do so, but can only reiterate that the Council
holds no recorded information in respect of your questions.

 

For clarification, the Council are not denying that J E Baring & Co have
previously been instructed to act on behalf of the Council. I can also
confirm that it is not necessary to have a contract in place, prior to
sharing personal data with external companies, where there is a legitimate
reason to do so.

 

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Kind regards

 

Gary Rowland

Senior Lawyer (GCILEx) - Corporate Governance

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10
3HT

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells,
TN1 1RS

Tel: (01622) 602276   Email: [1][email address]

[2]www.swale.gov.uk     
[3]www.maidstone.gov.uk       [4]www.tunbridgewells.gov.uk

 

The contents of this e-mail, together with any attachments, may be
confidential or subject to legal professional privilege.  It should not be
shared with anyone without first consulting Mid Kent Legal Services. 

If you are not the intended recipient, please do not forward this email or
the attachments to anybody.  Please notify the sender and delete all
copies of this email from your system.

 

 

References

Visible links
1. mailto:[email address]
2. http://www.swale.gov.uk/
3. http://www.maidstone.gov.uk/
4. http://www.tunbridgewells.gov.uk/

Dear Gary Rowland,

Thank you for confirming that you instructed J E Baring & Co that has various legal entities.

The ICO make it clear that whenever a data controller uses a data processor, there must be a written contract if a processor uses another organisation.

Why do you not have a data sharing agreement in place that helps Maidstone Borough Council to demonstrate that you are meeting your accountability obligations under the UK GDPR 2018?

Why do you not have this arrangement in place with your outsourced debt collection agents who are also solicitors?

And why will you not confirm which legal entity created by your outsourced legal team you have instructed and for which legitimate purposes?

Maidstone Borough Council have not listed your legitimate reason or with which legal entity you have been sharing personal data?

Simply stating J E Baring & Co which has multiple legal entities is concealment and your data processing agents MID KENT SERVICES must know which legal entity either a company or partnership they have instructed on your behalf and shared personal data with.

It is a criminal offence to share data unlawfully and a criminal offence to conceal personal data.

Yours sincerely,

Ed Boyce

Gary Rowland,

I am currently out of the office and will return on Wednesday 4th August
2021. Please direct urgent queries to [email address].

 

Thank you

 

 

 

 

Dear Maidstone Borough Council and Complaints & FOI (MBC),

Thank you for confirming on 10.3.2021 that Maidstone Borough Council a Data Controller does not know who is responsible for confirming who instructs agents/solicitors/counsel in civil legal matters who are processing private data of individuals shared to them either directly MBC data controller or indirectly through data processor Mid Kent Services ( MKS shared services partnership).

What legal right please provide the precise sections of GDPR and DPA 2018 and/or DPA 1998 if data was shared earlier, MBC as a data controller claim to share private individuals data with your data processors MKS that you state you do not have any relationship with and to share this private data with other processors and without any data protection arrangements in place (who are not your customers in that they have no arrangement or contract with MBC). Please provide all the information MBC and/or MKS hold.

1. What date did MBC a Data Controller instruct directly and share data with the company J E Baring Ltd.

2. Or did MKS shared services partnership instruct J E Baring Ltd to act on behalf of MBC.

3. Please provide a copies of all MKS data sharing arrangements with the individual partners at the solicitors firm trading as ‘‘J E Baring & Co” and also the data sharing arrangement with the company J E Baring Ltd (trading name J E Baring & Co).

The latter company J E Baring Ltd, who are instructed by MBC chosen insolvency practitioners, practitioners who were put forward via a partner at J E Baring & Co instructed by MBC and also chosen by the practitioners to act on their behalf via a partner at J E Baring & Co.

MBC have also instructed more than one partner to act on the councils behalf on different occasions via MKS (who are another partnership providing shared services) did MKS also choose the insolvency practitioner as well as the solicitors firm?

4. Please confirm the dates each separate legal entity each partner at J E Baring & Co were instructed on behalf of MBC and whether this was directly by the council or indirectly through your data processor MKS.

5. Please list each partner of this law firm separately for each of the dates instructed and the purpose data was shared, such as Allan Hooper statutory demand or Bradley Bloom bankruptcy petition etc. And all hearings dates for either a partner of the partnership or their company being instructed on each of the dates and for what purpose.

6. If MBC has a data sharing arrangement with any of the above legal entities including MKS partners, please provide a copy of all data protection sharing arrangements even where you claim not to have a contract in place with your external solicitor firm(s) beng individual partners of their partnership that you have confirmed have been instructed to act on behalf of MBC and also their separate company J E Baring Ltd if this legal entity has also been instructed and has received data and information that MBC as Data Controller has processed and shared with them as processors, it appears this is via your processors MKS who had a separate data protection officer email address until 28 June 2021 on the back of council tax statements.

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Mr boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

Ref: FOI/6006

 

Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.

 

After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...

 

If you have any queries about this letter, please contact us. Please
remember to quote the reference above in any future communications.

 

Yours sincerely

 

Complaints & FOI Team

Information Governance

Corporate Insight, Communities and Governance

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [2][email address] w [3]www.maidstone.gov.uk

 

 

To access our digital services please visit https://maidstone.gov.uk/contactus
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. https://ico.org.uk/for-organisations/gui...
2. mailto:[email address]
3. http://www.maidstone.gov.uk/

Complaints & FOI (MBC), Maidstone Borough Council

Date:   14/12/2021
Ref: FOI/6006
 
Dear Ed Boyce
 
FREEDOM OF INFORMATION ACT REQUEST
 
Our response to your request is follows:
 
Thank you for confirming on 10.3.2021 that Maidstone Borough Council a
Data Controller does not know who is responsible for confirming  who
instructs agents/solicitors/counsel in civil legal matters who are
processing private data of individuals  shared to them either directly MBC
data controller or indirectly through data processor Mid Kent Services (
MKS shared services partnership).
 
What legal right please provide the precise sections of GDPR and DPA 2018
and/or DPA 1998 if data was shared earlier, MBC as a data controller claim
to share private individuals data with your data processors MKS  that you
state you do not have any relationship with and to share this private data
with other processors  and without any data protection arrangements in
place  (who are not your customers in that they have no arrangement or
contract with MBC). Please provide all the information MBC and/or MKS
hold.
 
This information is not held.
 
1. What date did MBC a Data Controller instruct directly and share data
with the company J E Baring Ltd.
 
This information is not held.
 
2. Or did MKS shared services partnership instruct J E Baring Ltd to act
on behalf of MBC.
 
This information is not held.
 
3. Please provide a copies of all MKS data sharing arrangements with the
individual  partners at the solicitors  firm  trading as ‘‘J E Baring &
Co” and also the data sharing arrangement with the company J E Baring Ltd
(trading name J E Baring & Co).
The  latter company J E Baring Ltd, who are instructed by MBC chosen
insolvency practitioners, practitioners who were put forward  via a
partner at J E Baring & Co  instructed by MBC  and also chosen by the
practitioners to act on their behalf via a partner at J E Baring & Co.
 
This information is not held.
 
MBC have also instructed more than one partner to act on the councils
behalf on different occasions via MKS (who are another partnership
providing shared services) did MKS also choose  the insolvency
practitioner as well as the solicitors firm?
 
This information is not held.
 
4. Please confirm the dates each separate legal entity each partner at J E
Baring & Co were instructed on behalf of  MBC and whether this was
directly by the council or indirectly through your data processor MKS.
 
This information is not held.
 
5. Please list each partner of this law firm separately for each of the
dates instructed and the purpose data was shared, such as Allan Hooper
statutory demand or Bradley Bloom bankruptcy petition etc. And all
hearings dates for either a partner of the partnership or their company
being instructed on each of the  dates and for what purpose.
 
This information is not held.
 
6. If MBC has a data sharing arrangement with any of the above legal
entities including MKS partners, please provide a copy of all data
protection sharing arrangements even where you claim not to have a
contract in place with your external solicitor firm(s) beng individual
partners of their partnership that you have confirmed have been instructed
to act on behalf of MBC and also their separate company J E Baring Ltd if
this legal entity has also been instructed and has received data and
information that MBC as Data Controller has processed and shared with them
as processors, it appears this is via your processors MKS who had a
separate data protection officer email address until 28 June 2021 on the
back of council  tax statements.
 
This information is not held.
 
If you have any queries about this response, please contact us. Please
remember to quote the reference above in any future communications.
 
If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and we will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have exhausted
the complaints procedure provided by the Council. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
 
Yours sincerely,
 
Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [1][email address] w [2]www.maidstone.gov.uk
 
 
 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Please clarify who J E Baring & Co is that you confirmed on 25 June 2021 Data Controller Maidstone Borough Council have not denied instructing to act on behalf of the Council in civil legal matters.

You also provided clarification the same day that it is not necessary to have a data sharing contract or arrangement in place, prior to sharing personal data with external companies, where there is a legitimate reason to do so, yet have failed to provide a legitimate reason and as to why and where it states precisely within the data protection legislation and GDPR the section upon which as a Data Controller the Council relies.

Yours sincerely,

Ed Boyce

Gadawodd Ed Boyce anodiad ()

Maidstone Borough Council a Data Controller appears to be claiming that they can share any individual’s private personal data and information (however obtained and without their prior consent) for a civil matter and without having in place a data sharing arrangement with external organisations.

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

 

The Council’s response is as follows:

 

Please clarify  who J E Baring & Co is that you confirmed on 25 June 2021
Data Controller Maidstone Borough Council have not denied instructing to
act on behalf of the Council in civil legal matters.

 

Information regarding J E Baring & Co is available on their website here:
[1]https://jebaring.co.uk/

 

You also provided  clarification the same day that it is not necessary to
have a data sharing contract  or arrangement in place, prior to sharing
personal data with external companies, where there is a legitimate reason
to do so, yet have failed to provide a legitimate reason and as to  why
and where it states precisely within the data protection legislation and
GDPR  the section upon which as a Data Controller the Council relies.

 

Section 71 of the Local Authorities (Contracting Out of Tax Billing,
Collection and Endorsement Functions) Order 1996.

 

If you are unhappy with our responses, please let us know and Mid Kent
Legal Services will conduct an internal review.

 

Yours sincerely

 

Complaints & FOI Team

Information Governance

Corporate Insight, Communities and Governance

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ

e [2][email address] w [3]www.maidstone.gov.uk

 

 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

Which legal register is the Data Controller Maidstone Borough Council claiming J E Baring & Co is listed on to be able to provide legal services in civil matters upon which you rely to bring civil claims as your agent.

Please clarify, where does it state within The Local Authorities (Contracting Out of Tax Billing,Collection and Enforcement Functions) Order 1996 (MBC has previously confirmed there is neither a contract in place or a data sharing contract or arrangement) or any other legislation upon which as a Data Controller you rely when sharing a natural person’s data, that this legislation applies to any entity, other than between different Local Authorities (Councils) who share services.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce
 
In response to your additional questions:
 
Which legal register is the Data Controller Maidstone Borough Council
claiming  J E Baring & Co is listed on to be able to provide legal
services in civil matters upon which you rely to bring civil claims as
your agent.
 
This information is available online here:
[1]https://www.sra.org.uk/consumers/registe...
 
Please clarify, where  does it state within The Local Authorities
(Contracting Out of Tax Billing,Collection and Enforcement Functions)
Order 1996  (MBC has  previously confirmed there is  neither a contract in
place or a data sharing contract or arrangement) or any other legislation
upon which as a Data Controller you rely when sharing a natural person’s
data, that this legislation applies to any entity, other than between 
different Local Authorities (Councils) who  share services.
 
We do not understand what information you are asking us to provide -
please clarify.
 
If you are unhappy with our responses and wish to request an internal
review, please respond to this email outlining your reasons for requesting
a review, and we will pass it on to Mid Kent Legal Services.
 
Yours sincerely
 
Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [2][email address] w [3]www.maidstone.gov.uk
 
 
 
 
 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC)

1. J E Baring & Co do not appear on the SRA link you have provided. Please provide the correct link showing the correct details and clarify why you are claiming they are authorised to provide legal services in civil matters upon which the Data Controller Maidstone Borough Council can rely to bring civil claims, as your agent.

2. The Data Controller Maidstone Borough Council have stated that you rely on Section 71 of the Local Authorities (Contracting Out if Tax Billing, Collection and Endorsement Functions) Order 1996 to share personal data without providing a legitimate reason and have also failed to provide precisely within the data protection legislation and GDPR the section upon which as the Data Controller the Council relies.

The legislation you have provided appears to relate only to different Local Authorities (Councils) who share services.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

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been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit https://maidstone.gov.uk/contactus
Sign up to receive your Council Tax bill by email https//maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
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References

Visible links
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Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce
 
1. The SRA link we provided is the correct link. This SRA page shows that
J E Baring & Co's (or J E Baring LTD, as it is referred to on the SRA
page) website is [1]www.jebaring.co.uk. The SRA page clearly states,
"Recognised body since 14/01/2020, authorised for all legal services".
 
2. We process and share personal data under Article 6 Paragraph 1(c) of
the GDPR: processing is necessary for compliance with a legal obligation.
This is stated on our website here:
[2]https://maidstone.gov.uk/home/privacy-an....
 
If you are unhappy with our responses or disagree with any of the
information we have provided, you should now request an internal review by
responding to this email and outlining your reasons for requesting a
review. We will then pass it on to Mid Kent Legal Services.
 
Yours sincerely
 
Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [3][email address] w [4]www.maidstone.gov.uk
 
 
 
 

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

1. J E BARING & CO does not appear on the SRA legal register and how is it possible for a trading name to receive instructions as your data processing agent from MBC as a Data Controller

2. Or were are you referring to the trading name for J E BARING LTD, a recognised body with the SRA since 14/1/2020 as authorised to provide legal services in civil matters upon which the Data Controller Maidstone Borough Council relies to bring civil claims, as your agent.

Which authorised legal services are you referring to, as being provided by this company as your agents, as listed on the SRA register:

Property - Residential

Wills, Trusts and Tax Planning

Property - Commercial

Non-Litigation - Other

3. J E BARING & CO is closed on the SRA register so are you saying they received instruction in civil matters as agents. No legal services are listed on the SRA register for J E BARING & CO so what authorised legal services are you referring to ?

4. Which civil legal obligations are MBC claiming are regulated under Article 6 Paragraph 1 (c) of the GDPR and authorise you as a Data Controller to share personal data and information.

5. Please clarify, if it is the MBC Data Controller or your data processors Mid Kent Services that share personal data and information with these agents.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

This is an automated response to confirm that your e-mail has
been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit
https://maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email https//maidstone.gov.uk/emailbilling We understand the importance
of ensuring that personal data, including sensitive personal data is
always treated lawfully and appropriately and that the rights of
individuals are upheld. We are required to collect, use and hold personal
data about individuals. Data is required for the purposes of carrying out
our statutory obligations, delivering services and meeting the needs of
individuals that we deal with. This includes current, past and prospective
employees, service users, members of the public, Members of the Council,
our business partners and other local authorities or public bodies. To
view our full statement to see how your data will be stored and processed
please visit https://maidstone.gov.uk/dataprotection This email is
confidential. If you receive it by mistake, please advise the sender by
email immediately. Any unauthorised use of the message or attachments is
prohibited. Unless stated otherwise, any opinions are personal and cannot
be attributed to Maidstone Borough Council. Unless a purchase order is
attached this email is not a contract or an order. It is your
responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Gadawodd Ed Boyce anodiad ()

Why would the Data Controller MBC be quoting Article 6 paragraph 1 c ‘ processing is necessary for compliance with a legal obligation to which the controller is subject ‘

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

1. This information is not held by Maidstone Borough Council.

2. As stated in our reply dated 19/01/2022, the SRA page shows that their name is J E Baring LTD, and it provides a link to their website www.jebaring.co.uk. On this website, they use the name J E Baring & Co.

3. The SRA page shows that their name is J E Baring LTD, and it provides a link to their website www.jebaring.co.uk. On this website, they use the name J E Baring & Co.

4. The Local Authorities (contracting out of tax, billing, collection and enforcement) Order 1996.

5. Maidstone Borough Council (MBC) and Mid Kent Services (MKS) are both data controllers. MBC is one of the local authority partners which make up MKS, MKS is not a separate entity.

We consider that we have provided sufficient clarification regarding this matter, therefore we cannot respond further. If you are unhappy with our responses you should request an internal review by responding to this email and outlining your reasons for requesting a review. We will then pass it on to Mid Kent Legal Services.

Yours sincerely,

Complaints & FOI Team
Information Governance
Corporate Insight, Communities and Governance
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [email address] w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Dear Complaints & FOI (MBC),

1. Thank you for confirming that the Data Controller Maidstone Borough Council a billing authority had been instructing and paying a trading name and not the legal name of the company as your data processing agent, for civil matters, which appears to be illegal. Or you are stating that the Billing Authority is operating through a partnership/ service provider Mid Kent Services and it is they who are operating illegally. A partnership that MBC is a partner of.

2. Why has the Billing Authority MBC failed to state which authorised legal services as stated on the SRA register you are paying agents operating through a trading name rather than their legal name for.

3. Data Controller MBC Billing Authority have not clarified whether you are accessing and processing personal information under Article 6 1(c) and sharing data with agents or whether the Billing Authority is operating within a shared partnership/services who become a data processor under The Local Authorities ( contracting out of tax, billing, collection and enforcement) Order 1996.

4. Why is the Billing Authority MBC Data Controller refusing to state who is contracting out which civil legal services and without a data sharing protocol or agreement in place or a signed contract and signed on behalf of the Billing Authority.

5. Please confirm if Mid Kent Services is a service provider for the Billing Authority MBC and if Mid Kent Services have been appointed in line with the Local Authorities (Contracting out of Tax, Billing, Collection and Enforcement Functions) 1996. Is this partnership authorised by the Billing Authority to further instruct agents under trading name of a company.

6. Has the Billing Authority signed an agreement to data share with the partners or service providers, who become data processors. You must know the name of the partnership and the Billing authorities included in the partnership and the date the partnership was established and must have a signed data sharing agreement in place.

You must also have a contract in place with those appointed as service providers in line with the Local Authorities (Contracting out of Tax, Billing, Collection and Enforcement Functions) Order 1996.

Why is MBC refusing to confirm if the Billing Authority or your service provider has instructed any partners from J E BARING & CO when you must hold information of your agents.

Yours sincerely,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

This is an automated response to confirm that your e-mail has
been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit
https://maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email https//maidstone.gov.uk/emailbilling We understand the importance
of ensuring that personal data, including sensitive personal data is
always treated lawfully and appropriately and that the rights of
individuals are upheld. We are required to collect, use and hold personal
data about individuals. Data is required for the purposes of carrying out
our statutory obligations, delivering services and meeting the needs of
individuals that we deal with. This includes current, past and prospective
employees, service users, members of the public, Members of the Council,
our business partners and other local authorities or public bodies. To
view our full statement to see how your data will be stored and processed
please visit https://maidstone.gov.uk/dataprotection This email is
confidential. If you receive it by mistake, please advise the sender by
email immediately. Any unauthorised use of the message or attachments is
prohibited. Unless stated otherwise, any opinions are personal and cannot
be attributed to Maidstone Borough Council. Unless a purchase order is
attached this email is not a contract or an order. It is your
responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Maidstone Borough Council,

On the 27.1.2022 MBC said they would reply with an update within two working days why have you failed to do so?

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Thank you for contacting the Information Governance Team at Maidstone
Borough Council.

 

This is an automated response to confirm that your e-mail has
been received. Your message will be assigned to a
member of the Information Governance Team. You receive an update
within two working days.  

 

Regards  

 

Information Governance Team 

Corporate Insight, Communities and Governance 

Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ 

w [1]www.maidstone.gov.uk 

To access our digital services please visit
https://maidstone.gov.uk/service Sign up to receive your Council Tax bill
by email https//maidstone.gov.uk/emailbilling We understand the importance
of ensuring that personal data, including sensitive personal data is
always treated lawfully and appropriately and that the rights of
individuals are upheld. We are required to collect, use and hold personal
data about individuals. Data is required for the purposes of carrying out
our statutory obligations, delivering services and meeting the needs of
individuals that we deal with. This includes current, past and prospective
employees, service users, members of the public, Members of the Council,
our business partners and other local authorities or public bodies. To
view our full statement to see how your data will be stored and processed
please visit https://maidstone.gov.uk/dataprotection This email is
confidential. If you receive it by mistake, please advise the sender by
email immediately. Any unauthorised use of the message or attachments is
prohibited. Unless stated otherwise, any opinions are personal and cannot
be attributed to Maidstone Borough Council. Unless a purchase order is
attached this email is not a contract or an order. It is your
responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Complaints & FOI (MBC), Maidstone Borough Council

Dear Ed Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

Ref: FOI/6418

 

Thank you for your request for information. We will have a response ready
for you within 20 working days of the date you made your request.

 

After considering your request, we may decide to refuse to supply the
information under a number of exemptions that exist in legislation. For
details of these exemptions, please visit the Information Commissioner’s
website:
[1]https://ico.org.uk/for-organisations/gui...

 

If you have any queries about this email, please contact us. Please
remember to quote the reference above in any future communications.

 

Yours sincerely

 

Information Governance Team

Corporate Insight, Communities and Governance

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

w [2]www.maidstone.gov.uk

 

 

 

dangos adrannau a ddyfynnir

Complaints & FOI (MBC), Maidstone Borough Council

1 Atodiad

Date: 24/02/2022

Ref: FOI/6418

 

Dear Ed Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

Please find Maidstone Borough Council’s response to your request attached.

 

If you have any queries about this response, please contact us. Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and we will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your request, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have exhausted
the complaints procedure provided by the Council. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely,

 

Information Governance Team

Corporate Insight, Communities and Governance

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

w [1]www.maidstone.gov.uk

 

 

 

 

dangos adrannau a ddyfynnir

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