Action taken against 192.com

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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Details of how to sign up for our monthly e-newsletter can be found at
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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

3 August 2015

Case Reference Number IRQ0589015

Dear Mr Urban
 
Request for information
 
Further to our acknowledgement, we are now in a position to provide you
with a response to your request for information.
 
We have dealt with your request in accordance with your ‘right to know’
under section 1(1) of the Freedom of Information Act 2000 (FOIA), which
entitles you to be provided with a copy of any information ‘held’ by a
public authority, unless an appropriate exemption applies.
 
Request
 
In your email of 12 July 2015 you asked us to provide you with the
following information:
 
“Please let me know the number of complaints you have received regarding
192.com. How many relate to them not removing personal details when
requested. And what action, if any, the ICO has taken against 192.com”
 
Our response
 
We do hold some of the requested information.
 
Please see attached spreadsheet for the numbers of complaints/concerns we
hold. Between April 2012 and the request date we had 56
complaints/concerns about 192.com
 
However, we need to stress that this does not mean that the ICO found
192.com to have been likely to have breached the DPA in all these cases.

Our retention system means that generally we do not hold cases dating back
more than two years. Therefore, we only hold 24 cases in their entirety
relating to 192.com on our electronic case management system. Having
looked at each of these individually, we can say that these are all about
the removal of personal data. We only hold basic details about the
remaining 32 so we are unable to establish whether these
complaints/concerns involved the removal of personal details/data.

Outcomes where we have determined that a breach of the Act has occurred
(previously recorded as ‘compliance unlikely’) are now recorded under our
new system (post 1 April 2014) as:
 
 

* Compliance advice given to DC/org 
* DC action required

Outcomes where we have determined that a breach of the Act has not
occurred (previously recorded as ‘compliance likely’) are now recorded
under one of the following outcomes: ‘DC outside UK’; ‘Not DPA’; ‘Concern
to be raised with DC’; ‘Response needed from DC’; ‘No action for DC’ and;
‘General advice given to DC/org’. A more detailed explanation of these
case outcomes can be found on pp. 39-40 via the following link:
 
[1]https://ico.org.uk/media/about-the-ico/p...
 
Therefore we can say that we considered 192.com to have been likely to
have breached the DPA in six complaints/concerns between 2012 and 2015.
The breakdown of cases is as follows:

2012-2013 – compliance unlikely, remedial action taken = 3
2013-2014 - compliance unlikely, remedial action taken = 1
2014 -2015 – DC action required = 2

We have not taken any enforcement action against 192.com

No information has been withheld from our response.
 
Review procedure
 
I hope this provides you with the information you require.  However, 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 [2][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 a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
A copy of our review procedure can be accessed from our website
[3]here   .
 
Yours sincerely
 
Janine Gregory
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545770  F. 01625 524510  [4]ico.org.uk  [5]twitter.com/iconews
Please consider the environment before printing this email
For information requests please use [6][ICO request email]
 
 
 
 

show quoted sections

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. https://ico.org.uk/media/about-the-ico/p...
2. mailto:[ICO request email]
3. https://ico.org.uk/media/about-the-ico/p...
4. http://ico.org.uk/
5. https://twitter.com/iconews
6. mailto:[ICO request email]

11 December 2015

Case Reference Number IRQ0589015

Dear Mr Urban

It has been drawn to our attention that the response that the ICO provided
to your information request below was not completely accurate. Therefore
we are issuing a new response to reflect that fact. 
 
Our casework is stored on an electronic case management system. As a
general rule, we retain cases – that is, case papers plus information
about what the case was about and how it was closed - for two years from
the date of closure. After two years the case is deleted from our system.
The case papers are deleted and we retain some basic information about the
case, such as the case closure state the case officer recorded at the
time. This information is retained in historic ‘fixed sheets’ and cannot
be amended. 
 
There are three data protection cases that have been highlighted as
inaccurate. These cases were completed more than two years ago. This means
that we no longer hold copies on our case management system. We have
deleted the case papers and all we hold is the ‘fixed sheet’ information
referred to above. 
 
One of the data protection cases (RFAs) contained on the fixed sheet data
had two case outcomes and appeared as two entries. We originally closed
this case with an outcome of ‘Closed – compliance unlikely’ but
subsequently changed it to ‘Closed – compliance likely’ when it was
established that our original assessment was incorrect. Essentially we
then held two case outcomes for one case. 
    
In the fixed sheet data we hold for two other RFA cases there is only one
entry – they were both ‘Closed – compliance unlikely’. For the avoidance
of doubt, we believe these two cases should have had the final outcomes of
‘Closed – compliance likely’. This either means that the case officer did
not change the outcome on the system or they did change the outcome on the
system but did not do it in such a way that the system would recognise the
change, at the point the information was transferred to the fixed sheets.
 
It is an unfortunate characteristic of our system that case outcomes can
be changed in more than one way, only one of which will result in the
details of that change being captured at the two year deletion point.  
  
Whilst we are unable to change the information in our historic fixed
sheets, we have made a note about the error that occurred in this instance
and the final case closure states we believe should have been applied to
these cases, in an effort to ensure we do not repeat our mistake. We will
also remind staff of the correct casework procedures when changes are made
to closure states.
 
We apologise for this error which has resulted in an amendment to the
figures we provided to you on 3 August 2015 and have set out a revised
response to you below. 
 
Request for information
 
We have dealt with your request in accordance with your ‘right to know’
under section 1(1) of the Freedom of Information Act 2000 (FOIA), which
entitles you to be provided with any information ‘held’ by a public
authority, unless an appropriate exemption applies.
 
Request
 
In your email of 12 July 2015 you asked us to provide you with the
following information:
 
“Please let me know the number of complaints you have received regarding
192.com. How many relate to them not removing personal details when
requested. And what action, if any, the ICO has taken against 192.com”
 
Our response
 
We hold some of the information you requested.
 
Please see attached spreadsheet for the numbers of complaints/concerns we
hold. Between April 2012 and the request date we had 55
complaints/concerns about 192.com
 
However, we need to stress that this does not mean that the ICO found
192.com to have been likely to have breached the DPA in all these cases.

Our retention system means that generally we do not hold cases dating back
more than two years. Therefore, we only hold 24 cases in their entirety
relating to 192.com on our electronic case management system. Having
looked at each of these individually, we can say that these are all about
the removal of personal data. We only hold basic details about the
remaining 31 so we are unable to establish whether these
complaints/concerns involved the removal of personal details/data.

Outcomes where we have determined that a breach of the Act has occurred
(previously recorded as ‘compliance unlikely’) are now recorded under our
new system (post 1 April 2014) as:
 
 

* Compliance advice given to DC/org 
* DC action required

Outcomes where we have determined that a breach of the Act has not
occurred (previously recorded as ‘compliance likely’) are now recorded
under one of the following outcomes: ‘DC outside UK’; ‘Not DPA’; ‘Concern
to be raised with DC’; ‘Response needed from DC’; ‘No action for DC’ and;
‘General advice given to DC/org’. A more detailed explanation of these
case outcomes can be found on pp. 39-40 via the following link:
 
[1]https://ico.org.uk/media/about-the-ico/p...
 
Therefore we can say that we considered 192.com to have been likely to
have breached the DPA in 3 complaints/concerns between 2012 and 2015. The
breakdown of cases is as follows:

2012-2013 – compliance unlikely, remedial action taken = 0
2013-2014 - compliance unlikely, remedial action taken = 1
2014 -2015 – DC action required = 2

We have not taken any enforcement action against 192.com

No information has been withheld from our response.
 
Review procedure
 
I hope this provides you with the information you require.  However, 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 [2][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 a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
A copy of our review procedure can be accessed from our website
[3]here   .
 
Yours sincerely
 
Janine Gregory
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545770  F. 01625 524510  [4]ico.org.uk  [5]twitter.com/iconews
Please consider the environment before printing this email
For information requests please use [6][ICO request email]
 
 
 

show quoted sections

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. https://ico.org.uk/media/about-the-ico/p...
2. mailto:[ICO request email]
3. https://ico.org.uk/media/about-the-ico/p...
4. http://ico.org.uk/
5. https://twitter.com/iconews
6. mailto:[ICO request email]