Re: Freedom of Information Request – Complaints Relating to Alleged Breach of Data Protection:

Thomas Stephens made this Freedom of Information request to Swyddfa'r Comisiynydd Gwybodaeth

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Re: Freedom of Information Request – Complaints relating to alleged breach of Data Protection by the three charities the Macfarlane Trust (Charity no. 298863), the Eileen Trust (No. 1028027) and the Caxton Foundation (No. 1142529).

Dear Sir/Madam,

I work for the office of Diana Johnson MP. I am writing to request any information relating to complaints made by individuals with respect to alleged breach of data protection arrangements by the three above charities.

In relation to each of the three charities, I would like information on (i) the total number of complaints, going as far back as your records allow; (ii) appropriate details about the applicant where known (whether a beneficiary of financial support from the charity, a trustee, a member of staff or otherwise); (iii) specific details about the complaint raised; and (iv) the outcome of each complaint.

Yours faithfully,

Tom Stephens.

AccessICOinformation, Swyddfa'r Comisiynydd Gwybodaeth

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

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dangos adrannau a ddyfynnir

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://ico.org.uk/about_us/how_we_comply
2. http://www.ico.org.uk/tools_and_resource...
3. http://www.twitter.com/ICOnews

Dear Information Commissioner’s Office,

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

I am writing to request an internal review of Information Commissioner’s Office's handling of my FOI request 'Re: Freedom of Information Request – Complaints Relating to Alleged Breach of Data Protection:'.

This is because I have not received a response to this FOI Request for some time now.

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

Yours faithfully,

Thomas Stephens

AccessICOinformation, Swyddfa'r Comisiynydd Gwybodaeth

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [3]http://www.twitter.com/ICOnews

 

dangos adrannau a ddyfynnir

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://ico.org.uk/about_us/how_we_comply
2. http://www.ico.org.uk/tools_and_resource...
3. http://www.twitter.com/ICOnews

Swyddfa'r Comisiynydd Gwybodaeth

22 September 2015

Reference: RCC0597973

Dear Mr Stephens

Thank you for your email of 21 September 2015.

It seems that we have somehow overlooked your information request of 19
November 2014. I'm not yet sure how this has happened, but I am very
sorry. 

I'll look into this - and your request - urgently and will send you an
update before the end of this week.

Yours sincerely

Faye Spencer
Group Manager
Information Commissioner's Office

dangos adrannau a ddyfynnir

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

Swyddfa'r Comisiynydd Gwybodaeth

26 September 2015

Reference: RCC0597973

Dear Mr Stephens

Further to my email of 22 September 2015, we are still looking into this
matter. I hope to have a full response for you at some point next week.

Again, I am sorry for the delay.

Yours sincerely

Faye Spencer
Group Manager
Information Commissioner's Office

dangos adrannau a ddyfynnir

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

Swyddfa'r Comisiynydd Gwybodaeth

19 October 2015
 
 
Reference: RCC0597973
 
 
Dear Mr Stephens
 
I am writing in response to your recent request for an internal review of
the way we handled your request for information under the Freedom of
Information Act 2000 (FOIA).
 
I have now conducted the review, but am sorry I wasn’t able to do this as
quickly as I had hoped.
 
Your original FOIA request
 
On 19 November 2014, you emailed us, through the ‘What do they know?’
website. You listed three charities in the heading of your email - the
Macfarlane Trust, the Eileen Trust and the Caxton Foundation – and made
the following information request.

‘In relation to each of the three charities, I would like information on
(i) the total number of complaints, going as far back as your records
allow; (ii) appropriate details about the applicant where known (whether a
beneficiary of financial support from the charity, a trustee, a member of
staff or otherwise); (iii) specific details about the complaint raised;
and (iv) the outcome of each complaint.’
 
On the same day, you received an automated acknowledgement email from us.
 
Your request for internal review
 
On 21 September 2015 you sent us the following.
 
‘I am writing to request an internal review of Information Commissioner’s
Office's handling of my FOI request 'Re: Freedom of Information Request 
Complaints Relating to Alleged Breach of Data Protection:'.
 
This is because I have not received a response to this FOI Request for
some time now.’
  
My review

Having looked into this, it appears that although your original request
reached our inbox, for some reason it was not further processed into our
electronic case management system. Usually, it is only when a request
reaches our case management system that it is allocated to a Lead
Information Access Officer. That officer will then process it in
accordance with our obligations under the FOIA. Because your email did not
reach your casework system, your request was not allocated to anyone or
processed further.
 
Because we only hold copies of the emails we receive in our inbox for six
months (meaning your email would have been automatically deleted in the
middle of May), I am unable to say why this happened (for example whether
we attempted to send it on but the process somehow failed or whether we
simply overlooked it). But whatever the reason, I am sorry you have had to
wait so long for us to deal with this matter.
 
Having belatedly searched all of our complaints records, we have found
that we do hold recorded information that is relevant to your request.
 
Specifically, we hold information about:
 
 

 1. One complaint of the nature you have described.

 
More specifically, we hold information about:
 
 

* 1 complaint about the Macfarlane Trust,
* 0 complaints about the Eileen Trust and
* 0 complaints about the Caxton Foundation.

 
For the case mentioned above, we hold information that shows the
following.
 
 

 2. The applicant was a beneficiary.

 
 

 3. The applicant was concerned that the Macfarlane Trust had not supplied
all of the information he/she was entitled to in response to a request
he/she had made under section 7 of the Data Protection Act 1998 (a
subject access request).

 
 

 4. The applicant did not supply all the information we needed to properly
assess the matter and he/she ultimately referred the matter back to
the charity. The outcome of the case was that we closed it as ‘Concern
to be raised with Data Controller’. This means that we did not contact
the Macfarlane Trust about it or make any determination as to whether
that organisation was likely to have breached the DPA or not.

 
Next steps
 
Once again, I am very sorry for the long delay in providing you with this
information and that I wasn’t able to complete this review as quickly as I
had hoped. I do, however, hope this explanation of my review is clear. If
you would like me to clarify anything, please let me know.
 
If you are dissatisfied with the outcome of this review, you can make a
formal complaint to the regulator of the FOIA. I have provided information
about how to do this below.
 
Yours sincerely 
 
 
Faye Spencer
Group Manager
Information Commissioner's Office
 
 
How to complain to the regulator of the Freedom of Information Act 2000
 
If you have asked us for information under the Freedom of Information Act
2000) (FOIA) and you are dissatisfied with both our response and the
outcome of our internal review, you can report your concern to the ICO as
the regulator of the FOIA. We will deal with it under section 50 of the
FOIA.
 
We handle section 50 complaints about the way we dealt with FOIA requests
in the same way as we handle the complaints we receive about the way other
public authorities dealt with them.
 
We allocate them to case officers who specialise in deciding whether a
public authority has complied with their legal obligations under the FOIA.
Nobody who was involved in responding to your original information
request, or reviewing it, will be involved in dealing with the complaint,
except to explain their actions, if required to do so.
 
If you would like to make a complaint under section 50 of the FOIA you
should visit the ICO website at [1]www.ico.org.uk/concerns and follow the
link for 'Accessing information'. You can also contact the ICO helpline on
0303 123 1113 for further help in making your complaint.
 
 

dangos adrannau a ddyfynnir

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://www.ico.org.uk/concerns