Why 'vigorously' investigate Cambridge Analytical and not enforce the courts decision notice against The Dicconson Group Practice. Part 2.

Mr Adedeji made this Rhyddid Gwybodaeth 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.

Swyddfa'r Comisiynydd Gwybodaeth Nid oedd gan y wybodaeth y gofynnwyd amdani.

Dear Information Commissioner’s Office,

In a 21 July 2016 decision notice the FIRST-TIER TRIBUNAL (Appeal No: EA/2016/0021) GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS) upheld an appeal in respect of the Dicconson Group Practice. The Tribunal’s 21 July 2016 decision stated; ‘Action Required. The Public Authority must by 2 September 2016 disclose to the Complainant the minutes of all practice meetings for the period 2009 to 1 September 2015 redacted to remove any commercially sensitive or personal data.’

You were subsequently informed that, on the 2 September 2016, Dicconson Group Practice provided the appellant (in Appeal No: EA/2016/0021) with all the information they said they held fitting the criteria of The Tribunal’s 21 July 2016 decision (in Appeal No:EA/2016/0021).

 In your 30 March 2018 FOI response (via the WhatDoTheyKnow website) you stated;
‘An explanation of our position was supplied to you by email on 20 April 2017 at 16:25. If you require a copy of that email please let us know. In conclusion, we consider the matter of compliance with and enforcement of the substitute decision notice issued by the Tribunal to be closed.’

You received a 12 June 2017 at 14:34 email containing an attachment which contained, so the appellant claimed; ‘a copy (see attachment) of DGP ’s practice meeting minutes which:-
DGP failed to send me as ordered by the Tribunal as a result of my 2016 appeal in case number: EA/2016/0021
Are for the year 2014 and which DGP told me (and also the Commissioner) and had been deleted as seen in below copy of DGP’s 02/09/16 email.’

Please inform me whether or not you hold the information specified below and if you do please provide me with a copy of all information you hold fitting the scope of my request.

I am requesting a copy of all information you hold that you processed from, and on, the 12 June 2017 onwards and which;

1). The Dicconson Group Practice failed to send to the appellant by the 2 September 2016 even though it fell within the scope of information specified in the Tribunal’s 21 July 2016 decision which stated; ‘Action Required. The Public Authority must by 2 September 2016 disclose to the Complainant the minutes of all practice meetings for the period 2009 to 1 September 2015 redacted to remove any commercially sensitive or personal data.’

2). Evidences, on the balance of probabilities, that Dicconson Group Practice made a false statement when they informed the appellant and the Commissioner that they had, by 2 September 2016, provided the appellant with all the information they held that fell within the scope of that specified in the Tribunal’s 21 July 2016 decision (in Appeal No:EA/2016/0021).

Also, please provide the, ‘ summary of the Information Commissioner’s Enforcement Powers and Appeal
procedures’ which your document, ‘ ico_review_procedure’ stated, ‘are available on request.’

Yours faithfully,

Mr Adedeji

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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Swyddfa'r Comisiynydd Gwybodaeth

5 June 2018

 

Case Reference Number IRQ0744706

 

Dear Mr Adedeji,

In response to your email of 8 May 2018 in which you submitted an
information request to the Information Commissioner’s Office (ICO). Your
request has been dealt with under the Freedom of Information Act 2000
(FOIA) and our response is below.

Request

You asked for the following information:

“Please inform me whether or not you hold the information specified below
and if you do please provide me with a copy of all information you hold
fitting the scope of my request.

I am requesting a copy of all information you hold that you processed
from, and on, the 12 June 2017 onwards and which;

1). The Dicconson Group Practice failed to send to the appellant by the 2
September 2016 even though it fell within the scope of information
specified in the Tribunal’s 21 July 2016 decision which stated; Action
Required. The Public Authority must by 2 September 2016 disclose to the
Complainant the minutes of all practice meetings for the period 2009 to 1
September 2015 redacted to remove any commercially sensitive or personal
data.

2). Evidences, on the balance of probabilities, that Dicconson Group
Practice made a false statement when they informed the appellant and the
Commissioner that they had, by 2 September 2016, provided the appellant
with all the information they held that fell within the scope of that
specified in the Tribunal’s 21 July 2016 decision (in Appeal
No:EA/2016/0021).

Also, please provide the, summary of the Information Commissioner’s
Enforcement Powers and Appeal procedures which your document,
ico_review_procedure stated, are available on request.”  

Response

We understand that your request relates to First-Tier Information Rights
Tribunal case Adedeji v ICO and Dicconson Group Practice (EA/2016/0021)
and associated freedom of information case reference FS50599435.

We have searched the information held on our internal electronic records
management system in relation to EA/2016/0021. In response to points one
and two of your request we do not hold any information in scope. However
we do hold some information from 12 June 2017 onwards, consisting of
information you sent to us as new evidence in relation to EA/2016/0021 and
internal communications about administration and acknowledgement of that
evidence.
 
If you would like a copy of the information described please let us know
and we will provide it to you.

In response to your final point, where you ask for the summary of the
Information Commissioner’s Enforcement Powers and Appeal procedures as
referenced in the ICO Review Procedure. It may be helpful to explain that
the requested document has now been superseded by the following documents
which are all available online.

FOIA Regulatory Action Policy

[1]https://ico.org.uk/media/about-the-ico/p...
 

How we Deal with Complaints: A Guide for Public Authorities

[2]http://intranet.child.indigo.local/FOIPr...

ICO Operations Directorate Service Guide

[3]https://ico.org.uk/media/about-the-ico/p...

That concludes our response to your request.

Review procedure
 
If you are dissatisfied with this response and wish to request a review of
our decision or make a complaint about how your request has been handled
you should write to the Information Access Team at the address below or
email: [4][ICO request email]
 
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the
Commissioner.
 
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation. To make such an application, please write
to our Customer Contact Team, at the address given or visit the
‘Complaints’ section of our website to make an FOIA or Environmental
Information Regulations complaint online.
 
A copy of our review procedure can be accessed from our website here: 
 
[5]ICO Review Procedure  
 
Yours sincerely, 
 
Aideen Oakes

Lead Information Access Officer

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

Please consider the environment before printing this email

For information requests please use: [6][ICO request email]
 
For information about what we do with personal data see our [7]privacy
notice

 

References

Visible links
1. https://ico.org.uk/media/about-the-ico/p...
2. http://intranet.child.indigo.local/FOIPr...
3. https://ico.org.uk/media/about-the-ico/p...
4. mailto:[ICO request email]
5. https://ico.org.uk/media/about-the-ico/p...
6. mailto:[ICO request email]
7. https://ico.org.uk/global/privacy-notice/

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 'Why 'vigorously' investigate Cambridge Analytical and not enforce the courts decision notice against The Dicconson Group Practice. Part 2.'.

My concerns are,

You have failed to provide me with a copy of information you hold fitting the scope of points one and two of my Request.

In all probabilities you are wrong to say, in your response to points one and two of my Request, that you do not hold any information fitting the scope of my Request.

You have failed to provide a valid refusal notice in respect of failing to provide me with a copy of information you hold fitting the scope of points one and two of my Request.

Regarding the final point of my Request stating,
‘ Also, please provide the, ‘ summary of the Information Commissioner’s Enforcement Powers and Appeal procedures’ which your document, ‘ ico_review_procedure’ stated, ‘are available on request.’ ‘

I repeatedly tried your link for, ‘How we Deal with Complaints: A Guide for Public Authorities’ but could not gain access to the information.

OTHER MATTERS
In respect of your response stating (in respect of points one and two of my Request),
‘ However we do hold some information from 12 June 2017 onwards, consisting of information you sent to us as new evidence in relation to EA/2016/0021 and internal communications about administration and acknowledgement of that evidence.
If you would like a copy of the information described please let us know and we will provide it to you.’

To be clear I only wish you to provide a copy of information you hold that falls within the scope of points one and two of my Request along with the information that you state is available via your link (which I repeatedly tried) for, ‘How we Deal with Complaints: A Guide for Public Authorities’

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

Yours faithfully,

Mr Adedeji

Swyddfa'r Comisiynydd Gwybodaeth

12 July 2018

 

Case Reference Number RCC0764847

 

Dear Mr Adedeji,

Internal Review request – acknowledgement
 
Thank you for your correspondence dated 8 July 2018.  
 
This correspondence will now be treated as a request for an internal
review of the response we provided to your recent request for information
under the Freedom of Information Act 2000.
 
We will aim to respond by 7 August 2018 which is 20 working days from the
day after we received your recent correspondence. This is in accordance
with our internal review procedures which were provided with our response.
 
Please note your internal review reference number RCC0764847.
 
Yours sincerely, 
 
Aideen Oakes 
 
Lead Information Access Officer
 

Swyddfa'r Comisiynydd Gwybodaeth

6th August 2018

 

Case Reference Number RCC0764847

 

Dear Mr Adedeji

Thank you for your email in which you requested an internal review of the
handling of your request dealt with under the reference number IRQ0744706.
I am an information Access Service Manager and I’ve been asked to review
the way we handled your request for information.
 
I’ve considered your request and the response provided by Ms Oakes. I‘ve
also considered the searches carried out to establish whether or not
information falling within the scope of your request is held by the ICO.
 
I consider that the searches carried out were adequate and appropriate,
therefore, I am satisfied that the information you requested is not held
by the ICO.
 

Yours sincerely
 
Iman Elmehdawy
Information Access Service Manager 

Next Steps
 
If you remain dissatisfied with the outcome of this review you can make a
formal complaint with the ICO in its capacity as the regulator of the
Freedom of Information Act. Please follow the link below to submit your
complaint
[1]https://ico.org.uk/concerns/

 

References

Visible links
1. https://ico.org.uk/concerns/

Swyddfa'r Comisiynydd Gwybodaeth

6 August 2018

 

Case Reference Number RCC0764847

 

Dear Mr Adedeji,

Thank you for your email of 8 July 2018 in which you requested an internal
review of our response under IRQ0744706. I understand that an Information
Access Service Manager responded to your internal review request today.

Further to that response, please find below an alternative link to the
document:

How we Deal with Complaints: A Guide for Public Authorities

[1]https://ico.org.uk/media/for-organisatio...

We hope that this link allows you to access the document successfully.  

Yours sincerely, 
 
Aideen Oakes

Lead Information Access Officer

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

Please consider the environment before printing this email

For information requests please use [2][ICO request email]

For information about what we do with personal data see our [3]privacy
notice
 

References

Visible links
1. https://ico.org.uk/media/for-organisatio...
2. mailto:[ICO request email]
3. https://ico.org.uk/global/privacy-notice/