5G Network Information
Dear Calderdale Metropolitan Borough Council,
Could you provide us with the following information:
1) The dates and durations of any 5G network testing in Calderdale;
2) The date the 5G network was permanently launched/activated in Calderdale;
3) The locations of all current 5G masts/broadcasting units in Calderdale;
4) The locations of any proposed future 5G masts/broadcasting units in Calderdale;
5) The frequency which is broadcast by each 5G mast/broadcasting unit;
6) The functional range of 5G masts/broadcasting units which are installed in Calderdale.
Yours faithfully,
Calderdale Against Corruption
Thank you for your email. If you are making a request, a formal
acknowledgement will be sent to you in due course.
Information Governance Team
Calderdale MBC
Good Afternoon,
Please find attached confirmation that we have received your request for
information.
Regards
Tracy
Tracy Batch
Information Governance Officer
Information Governance Officer
CMBC Legal and Democratic Services
Town Hall
Crossley Street
HALIFAX
HX1 1UJ
Tel: 01422 392035
email: [1][email address]
Good Afternoon,
Please find attached our response to your recent request for information.
Regards
Tracy
Tracy Batch
Information Governance Officer
Information Governance Officer
CMBC Legal and Democratic Services
Town Hall
Crossley Street
HALIFAX
HX1 1UJ
Tel: 01422 392035
email: [1][email address]
Dear Calderdale Metropolitan Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Calderdale Metropolitan Borough Council's handling of my FOI request '5G Network Information'.
We believe that the information given by CMBC is incorrect and we would like each question we asked to be checked again and a final response given to us.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/5...
Yours faithfully,
Calderdale Against Corruption
Thank you for your email. If you are making a request, a formal
acknowledgement will be sent to you in due course.
Information Governance Team
Calderdale MBC
Dear "Calderdale Against Corruption"
Please could you submit your request under your correct full name in order
that we can log and proceed with your request.
I refer you to the Information Commissioner's Office's response to your
complaint in respect of FOI reference 37932, ICO case reference
IC-47315-Y3J3, in June this year. They stated the following:
Upon review of the case, I am not satisfied that Calderdale Against
Corruption is a legitimate campaign group. The complainant has been asked
to provide evidence to demonstrate that it is a valid campaign group, but
as I have not received a response to this, the complaint has been closed
and no further steps are required.
The Commissioner has explained to the complainant that she cannot accept
that the request made to Calderdale Council, was one which “states the
name of the applicant”. The use of the name “Calderdale Against
Corruption” is not analogous to the editor of The Times newspaper or “the
Chair” of a well-known campaign group making a request in such a manner.
The real names of such individuals are common knowledge and a public
authority receiving such a request would easily be able to verify (if it
had any doubts) that a request had in fact been submitted by, or on behalf
of, that individual.
It is an established principle of information rights legislation that the
public authority has a right to know the identity of a person making the
request.
Yours sincerely
Suzanne Prescott
Principal Governance Support Officer
Information Governance
Legal & Democratic Services
Calderdale Council
Dear Calderdale Metropolitan Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Calderdale Metropolitan Borough Council's handling of my FOI request '5G Network Information'.
The ICO complaint you refer to is irrelevant. The ICO has acted unlawfully in their response to us and is subject to legal challenge at present, so we reiterate our position and request the information without further delay.
We would like to take this opportunity to point out that the council has set a precedent in answering our requests in previous communications, therefore attempting to use this excuse for not providing information is unacceptable and contrary to law.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/5...
Yours faithfully,
Calderdale Against Corruption
Thank you for your email. If you are making a request, a formal
acknowledgement will be sent to you in due course.
Information Governance Team
Calderdale MBC
Dear "Calderdale Against Corruption"
I refer you to my email of 24 September 2021.
As advised in that email your request was not a valid request under the Freedom of Information Act, so we are unable to conduct an internal review as no request has been received.
Whilst I am aware that prior to the ICO's recent guidance we have logged and answered FOI requests made by you under the name "Calderdale Against Corruption", the ICO, our Governing body, have set a new precedent by pointing out that you have failed to provide evidence of your "organisation" being a valid campaign group and as such you should make your requests under a valid name.
If you would like to re-submit your request in such a way, we will be pleased to deal with it.
Yours sincerely
Suzanne Prescott
Principal Governance Support Officer
Information Governance
Legal & Democratic Services
Calderdale Council
Dear Calderdale Metropolitan Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Calderdale Metropolitan Borough Council's handling of my FOI request '5G Network Information'.
We reject the assertions you make and any intimation of a "precedent" set because the ICO is incorrect in its statement made to you and has breached the relevant legislation and even their own guidance on this matter. We are a legitimate campaign group and the ICO have admitted to not viewing the evidence we sent to them to prove we are a legitimate organisation as per the relevant legislation.
We are currently taking legal action against the ICO for its unlawful behaviour, but, in any case, the ICO confirmed to us that you are aware of the name of the requester as it belongs to our founder, and they actually provided you with the name of our founder. If necessary, we can forward you the relevant email from the ICO and also ask our founder to make a Subject Access Request which would prove that you are aware of the name of our founder.
In any case, the name of our founder and lead investigator is prominently displayed upon our website, so you cannot claim to not have a name of a contact at our legitimate organisation, and neither can the ICO.
If you refuse the legitimate request then we will have no choice but take appropriate legal action to force you to fulfill your obligations under the relevant legislation, which is supreme to any unlawful edict issued by the ICO, and we will publicise these unlawful breaches on our website to prove a point on how corrupt CMBC is.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/5...
Yours faithfully,
Calderdale Against Corruption
Thank you for your email. If you are making a request, a formal
acknowledgement will be sent to you in due course.
Information Governance Team
Calderdale MBC
Dear Calderdale Against Corruption
I write following our receipt of an email from Carly Law at the ICO this
morning regarding your organisation, confirming that they have now
received evidence which enables them to be satisfied that you are a
legitimate campaign group.
In light of this I have re-visited your internal review request as below
received on 23 September 2021. I am unable to proceed with your request
however, as a review request must be made within 40 working days of the
initial response. This requirement was communicated to you in our original
response of 12 May 2021. For further information, the ICO guidance in this
respect is published here:
[1]https://ico.org.uk/for-organisations/req...
Yours sincerely
Suzanne Prescott
Principal Governance Support Officer
Information Governance
Legal & Democratic Services
Calderdale Council
From: Suzanne Prescott
Sent: 24 September 2021 15:44
To: [FOI #749261 email]
Subject: RE: Internal review of Freedom of Information request - 5G
Network Information
Dear "Calderdale Against Corruption"
Please could you submit your request under your correct full name in order
that we can log and proceed with your request.
I refer you to the Information Commissioner's Office's response to your
complaint in respect of FOI reference 37932, ICO case reference
IC-47315-Y3J3, in June this year. They stated the following:
Upon review of the case, I am not satisfied that Calderdale Against
Corruption is a legitimate campaign group. The complainant has been asked
to provide evidence to demonstrate that it is a valid campaign group, but
as I have not received a response to this, the complaint has been closed
and no further steps are required.
The Commissioner has explained to the complainant that she cannot accept
that the request made to Calderdale Council, was one which “states the
name of the applicant”. The use of the name “Calderdale Against
Corruption” is not analogous to the editor of The Times newspaper or “the
Chair” of a well-known campaign group making a request in such a manner.
The real names of such individuals are common knowledge and a public
authority receiving such a request would easily be able to verify (if it
had any doubts) that a request had in fact been submitted by, or on behalf
of, that individual.
It is an established principle of information rights legislation that the
public authority has a right to know the identity of a person making the
request.
Yours sincerely
Suzanne Prescott
Principal Governance Support Officer
Information Governance
Legal & Democratic Services
Calderdale Council
Dear Ms Prescott,
We believe you have misunderstood the law surrounding this issue.
Our last two requests for an internal review relate to the unlawful handling of our requests for internal reviews, namely that you unlawfully refused to conduct an internal review as you mistakenly believed we had not supplied a "real name" and thus you claimed no valid request was received.
The requests for internal reviews were made within the appropriate time limit after the correspondence to which they relate.
As the ICO have now had to admit, they did, in fact, have proof in June 2021 that Calderdale Against Corruption is a legitimate campaign group. They couldn't explain why Carly Law didn't put this on file and closed the claim, but she erred in law and caused you and CMBC to breach our lawful rights, which is subject to an independent complaint to the Parliamentary and Health Service Ombudsman as the breach of our rights had a major and distressing chilling effect upon our organisation and similar unincorporated campaign groups.
As such, CMBC knew, or ought to have known, that our group is legitimate. This is evidenced by the fact that CMBC has always responded to our valid requests and has never had an issue with the legitimacy of our group prior to the ICO's unlawful error.
In light of the above, we ask for a final time for you to respect our rights and conduct the internal reviews as requested. If you do not then we will have to make a further complaint to the ICO and allow them to adjudicate on the legalities of your actions.
Yours sincerely,
Calderdale Against Corruption
Dear Calderdale Against Corruption
Thank you for your email. You sent two separate communications to us on 23 September 2021:
1. A FOI request in respect of "The Big Litter Pick". I have separately sent you an acknowledgement in respect of that request today.
2. An internal review request in respect of FOI 40297, regarding 5G in Calderdale.
My email below relates only to the latter request. I have confirmed that the review request in not valid because it was first received on 23 September 2021 and as we had sent our response to you on 12 May 2021 the maximum period of time for you to make a valid review request (40 working days) had already elapsed.
I trust this clarifies the position for you.
Yours sincerely
Suzanne Prescott
Principal Governance Support Officer
Information Governance
Legal & Democratic Services
Calderdale Council
Dear Suzanne Prescott,
It is surely common sense and a practical approach to address the issues raised in our Internal Review request?
In light of your response we will submit a new request with additional information as we still believe the response from CMBC is incorrect and will amend our request to try obtain the relevant information which the council holds.
Yours sincerely,
Calderdale Against Corruption
I am currently away from the office and this email address is not
monitored in my absence. Please re-direct your email to
[email address]
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