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

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

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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

 

 

 

 

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.