Addressing Complaints Other Than In The Order They Were Received
Dear Information Commissioner's Office,
Since 01/09/2019 how many complaints presented to the ICO have not been subject to your 'waiting time' period but their consideration has been brought forward, and the complaint allocated sooner?
I am not seeking information relating to the 'natural' waiting time being shorter than advised - for example, less than the 9 months currently being conveyed (example below) - but where you have not dealt with the case in the order it was received but elected to address it before others received earlier.
Of these matters, those brought forward in the queue, what have been the reasons for doing so?
Yours faithfully,
Mr P Swift
'Most cases will be allocated in around nine months from the date of receipt. We are working hard to reduce this waiting time and appreciate your patience in the meantime.
We triage our cases to identify those we can resolve more quickly, for example if there is a precedent or if the issue is straightforward, so you may hear from us sooner. When a case isn’t suitable to be resolved early, we deal with them in the order we receive them to be fair to everyone. '
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
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Yours sincerely
The Information Commissioner’s Office
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31 August 2022
Our reference: IC-189138-C7N0
Dear P Swift,
Thank you for your recent request for information. We received your
request on 31 August 2022. Your request will be allocated to an
Information Access Officer who will contact you under the reference number
above in due course.
Under statutory timeframes our response to your freedom of information
request is due by 28 September 2022.
If you have any queries about this information request you may email us,
quoting our reference number in the subject line. Please note that
Information Access Officers are only able to address information requests
to ICO; they are unable to assist with complaints to ICO, or to provide
general advice about the legislation we oversee, as this work is done by
other ICO departments.
Our privacy notice explains what we do with the personal data you provide
to us when you make an information request:
https://ico.org.uk/global/privacy-notice...
Thank you for your interest in the work of the Information Commissioner's
Office.
Yours sincerely,
Information Access Team
Information Commissioner’s Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0303 123 1113 [1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email
Please be aware we are often asked for copies of the correspondence we
exchange with third parties. We are subject to all of the laws we deal
with, including the data protection laws and the Freedom of Information
Act 2000. You can read about these on our website ([3]www.ico.org.uk).
Please say whether you consider any of the information you send us is
confidential. You should also say why. We will withhold information where
there is a good reason to do so.
For information about what we do with personal data see our privacy notice
at [4]www.ico.org.uk/privacy-notice
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15 September 2022
Our reference: IC-189138-C7N0
Dear P Swift,
Please find enclosed our response to your information request of 31
August.
Yours sincerely,
Claire Elliott
Senior Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF [1]ico.org.uk [2]twitter.com/iconews
For information about what we do with personal data see our privacy notice
at [3]www.ico.org.uk/privacy-notice
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Dear ICO Casework,
Thank you for your response.
i do not understand some of your terminology:
- 'triage process. I understand the association of 'degrees f urgency' but not how this is applied in your environment. The conduct suggests prompt consideration. Within what period does the triage consideration occur when 1st presented a complaint?
- 'sectoral queues' - assuming this to mean you categorise Authorities into sectors (please confirm), a possible means by which the scope of a request to the ICO can be reduced is not by time period, but by sector? Please confirm my understanding of 'sector' is correct and whether, for example, matters about the ICO and/or National Highways and/or Cabinet Office, would assist to bring my request within the cost limits.
- 'case management system'. what can you tell me about this that would enable me to utilise the appropriate criteria? It appears the system changed, at or about you moving away from 'F' prefixed references to the newer 'IC' references. For example, is there a word/phrase search that would return, between specific dates, references to 'prioritised' (for instance), enables boolean enquiries?
Can you identify open claims which were prioritised? If so, please provide the information available about these. I note you keep the 'start' (receipt/1st notification?) date of a case but not when it was allocated to a case officer which appears odd. Why do you not keep this date given it appears to be a 'performance indicator', a period you cite as being keen to reduce and is known to have increased from 4 months, to 6 months and now stands at 9 months, possibly even a year?
Can you tell when a case is the subject of activity i.e. it would have been allocated and is being worked upon?
You can tell when a claim is concluded. How do you know if a case has been overlooked?
I understood very few were prioritised and am surprised these would not be known.
If neither of the above results in information, please apply for the past month and, for that month advise:
a. the number of complaints received
b. the number filtered out by triage i.e. insufficient information/progressed and returned
c. the number in the queue - which I assume will be 'a' less 'b' and then less the prioritised matters, 'd':
d. the number prioritised
Yours sincerely,
Mr P Swift
Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence. If you have any special
requirements that mean you would like us to communicate with you in a
specific way, please let us know and we will make adjustments if we can.
If you have asked us for advice - we will respond within 14 days. While
you wait, you should regularly check our website (www.ico.org.uk) for
relevant guidance, as we are updating this all the time. You should read
our [1]Guide to the UK GDPR. If you have raised a question that we have
answered on our website, we may respond by sending you a link to it. But
will do our best to provide you with the information you need.
If you have made a new complaint - we’re unlikely to look into it unless
you have raised it with the responsible organization (for a data
protection complaint) or the responsible public authority (for a freedom
of information complaint) first. Please make sure you have sent us a copy
of their final response to you. We will assign your complaint to a case
officer as soon as we can, and they will contact you in due course.
If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer. If you believe
we have either failed to take appropriate steps to respond to your data
protection complaint, or we do not provide you with information about the
progress or outcome of your complaint within the next three months, you
may be able to apply to the First-tier Tribunal to require us to respond
to your complaint or to provide you with information about its progress.
(www.gov.uk - information rights and data protection: appeal against the
Information Commissioner)
If you represent an organisation and you are reporting a personal data
breach under the GDPR or the Data Protection Act 2018 - we aim to contact
you within seven days to confirm receipt and to provide you with a case
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sending you a link to the relevant part of our guidance. You can find out
more about data breach reporting on our website.
Where a significant cyber incident occurs, you may also need to report
this to the National Cyber Security Centre (the NCSC). To help you decide,
you should read the NCSC’s guidance about their role and the type of
incidents that you should consider reporting. (www.ncsc.gov.uk
-incident-management)
Incidents that might lead to a heightened risk of individuals being
affected by fraud, should be reported to Action
Fraud (www.actionfraud.police.uk) - the UK’s national fraud and cybercrime
reporting centre. If your organisation is in Scotland, then reports should
be made to Police Scotland (www.scotland.police.uk).
If you are a Communications Service Provider reporting a security breach
under the Privacy and Electronic Communications Regulations – you will
need to report the security breach via the secure portal that can be found
on the PECR pages of our website.
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find out more about the NIS Regulations on our website.
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soon as we can. You can find out more about the eIDAS regulation on our
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again, unless we need more information to help with our investigations. We
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If you have asked for information you think we might hold - we will
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information’).
If you have only copied your correspondence to us - we will not respond.
There is more detailed information, including information on our current
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For information about what we do with personal data please see our privacy
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Yours sincerely
The Information Commissioner’s Office
Diolch yn fawr ichi am gysylltu â Swyddfa’r Comisiynydd Gwybodaeth. Rydym
yn cadarnhau bod eich gohebiaeth wedi dod i law. Os oes gennych unrhyw
ofynion arbennig sy'n golygu yr hoffech i ni gyfathrebu â chi mewn ffordd
benodol, rhowch wybod i ni a byddwn yn gwneud addasiadau os gallwn.
Os ydych wedi gofyn am gyngor – byddwn yn ymateb o fewn 14 diwrnod. Tra
byddwch yn aros, dylech edrych yn rheolaidd ar ein [2]gwefan
(www.ico.org.uk) i chwilio am ganllawiau perthnasol, gan eu bod yn cael eu
diweddaru drwy’r amser. Hefyd dylech ddarllen ein [3]blogiau ynghylch
‘mythau’r GDPR’. Os ydych wedi codi cwestiwn sydd wedi’i ateb ar ein
gwefan, mae’n bosibl y byddwn yn ymateb drwy anfon dolen atoch i gysylltu
â’r ateb. Ond fe wnawn ein gorau glas i roi’r wybodaeth angenrheidiol
ichi
Os ydych wedi gwneud cwyn newydd – dydyn ni ddim yn debygol o edrych i
mewn iddo oni bai eich bod wedi’i godi’n gyntaf gyda’r sefydliad cyfrifol
(cwyn am ddiogelu data) neu’r awdurdod cyhoeddus cyfrifol (cwyn am ryddid
gwybodaeth). Gofalwch eich bod wedi anfon copi aton ni o’u hymateb
terfynol ichi. Byddwn yn rhoi’ch achos i swyddog achosion cyn gynted ag y
gallwn, a bydd y swyddog yn cysylltu â chi maes o law.
Os yw’ch gohebiaeth yn ymwneud ag achos sydd eisoes yn bod - byddwn yn ei
hychwanegu at eich achos ac fe gaiff ei hystyried ar ôl cael ei dyrannu i
swyddog achosion. Os ydych yn credu ein bod ni naill ai wedi methu cymryd
camau priodol i ymateb i'ch cwyn diogelu data, neu heb ddarparu gwybodaeth
ichi am gynnydd neu ganlyniad eich cwyn o fewn y tri mis nesaf, efallai y
byddwch yn gallu gwneud cais i'r Tribiwnlys Haen Gyntaf i’w gwneud yn
ofynnol inni ICO ymateb i'ch cwyn neu ddarparu gwybodaeth ichi am gynnydd
eich cwyn. (www.gov.uk - information rights and data protection: appeal
against the Information Commissioner)
Os ydych yn cynrychioli sefydliad a’ch bod yn rhoi gwybod am drosedd data
personol o dan y GDPR neu Ddeddf Diogelu Data 2018 – rydym yn anelu at
gysylltu â chi o fewn saith niwrnod calendr i gadarnhau bod eich neges
wedi dod i law ac i roi rhif cyfeirnod achos ichi. Os oes arnoch eisiau
cyngor ar frys, dylech ffonio’n llinell gymorth ar 0303 123 1113. Os ydym
o’r farn bod y digwyddiad yn un mân neu os ydych chi wedi nodi nad ydych
o’r farn bod y digwyddiad yn cyrraedd y trothwy i roi gwybod amdano, mae’n
bosibl na chewch ymateb gennym, neu efallai y byddwn yn ymateb drwy anfon
dolen atoch i gysylltu â’r rhan berthnasol o'n canllawiau. Cewch ragor o
wybodaeth am roi gwybod am droseddau data ar ein gwefan.
Pan fo digwyddiad seibr arwyddocaol yn digwydd, mae’n bosibl y bydd angen
ichi roi gwybod amdano hefyd i’r Ganolfan Seiberddiogelwch Genedlaethol
(yr NCSC). I’ch helpu i benderfynu, dylech ddarllen canllawiau’r NCSC ar
eu rôl a’r math o ddigwyddiadau y dylech ystyried rhoi gwybod amdanyn nhw.
(www.ncsc.gov.uk -incident-management)
Dylai digwyddiadau a allai arwain at risg uwch y bydd twyll yn effeithio
ar unigolion gael eu cyfleu i Action Fraud (www.actionfraud.police.uk) –
sef canolfan genedlaethol y Deyrnas Unedig ar gyfer rhoi gwybod am dwyll a
seiberdroseddau. Os yw eich sefydliad yn yr Alban, yna i Heddlu’r Alban y
dylech chi roi gwybod (www.scotland.police.uk).
Os ydych yn Ddarparwr Gwasanaethau Cyfathrebu sy’n rhoi gwybod am dor
diogelwch o dan y Rheoliadau Preifatrwydd a Chyfathrebu Electronig – bydd
angen ichi roi gwybod am y tor diogelwch drwy’r [4]porth diogel sydd ar
gael ar y tudalennau ar ein gwefan sy’n ymwneud â’r PECR.
Os ydych yn cynrychioli sefydliad a’ch bod yn rhoi gwybod am ddigwyddiad
posibl o dan Gyfarwyddeb yr NIS – byddwn yn cysylltu â chi cyn gynted ag y
gallwn. Cewch ragor o wybodaeth am Reoliadau’r NIS ar ein gwefan.
Os ydych yn cynrychioli sefydliad a’ch bod yn rhoi gwybod am dor diogelwch
o fewn y diffiniad yn Rheoliad eIDAS – byddwn yn cysylltu â chi cyn gynted
ag y gallwn. Cewch ragor o wybodaeth am Reoliad eIDAS ar ein gwefan.
Os ydych wedi rhoi gwybod am ebost sbam – mae’n annhebygol y bydd angen
inni gysylltu â chi eto, oni bai bod arnon ni angen rhagor o wybodaeth i
helpu yn ein hymchwiliad. Rydym yn cyhoeddi gwybodaeth am y camau rydyn ni
wedi’u cymryd ynghylch negeseuon niwsans ar ein gwefan.
Os ydych wedi gofyn am wybodaeth yr ydych yn credu ei bod gennyn ni –
byddwn yn cysylltu â chi os bydd arnom angen rhagor o wybodaeth i’n helpu
i ymateb. Fel arall, byddwn yn ymateb ichi o fewn ein lefelau gwasanaeth
statudol a chyhoeddus. I gael rhagor o wybodaeth, ewch i’n tudalen gwe
‘request information from us’ (ewch i’n tudalen hafan a dilynwch y ddolen
‘about the ICO’ ac ‘our information’).
Os ydych wedi anfon copi o’ch gohebiaeth aton ni ond dim byd arall –
fyddwn ni ddim yn ymateb.
Mae gwybodaeth fanylach, gan gynnwys gwybodaeth am ein hamserau ymateb
presennol, ar ein tudalen gwe safonau gwasanaeth a beth i’w ddisgwyl.
Gallwch ffonio hefyd ar 029 2067 8400, neu yn Saesneg ar 0303 123 1113.
Gallwch gysylltu â ni hefyd i gael sgwrs fyw (ewch i’n tudalen gwe
‘contact us’ a ‘live chat’).
I gael gwybodaeth am yr hyn rydyn ni’n ei wneud â data personol, gweler
ein hysbysiad preifatrwydd: https://ico.org.uk/global/privacy-notice/
Yn gywir
Swyddfa’r Comisiynydd Gwybodaeth
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15 September 2022
Our reference: IC-191697-N6D8
Dear P Swift,
Thank you for your recent request for information. We received your
request on 15 September 2022. Your request will be allocated to an
Information Access Officer who will contact you under the reference number
above in due course.
Under statutory timeframes our response to your freedom of information
request is due by 14 October 2022.
If you have any queries about this information request you may email us,
quoting our reference number in the subject line. Please note that
Information Access Officers are only able to address information requests
to ICO; they are unable to assist with complaints to ICO, or to provide
general advice about the legislation we oversee, as this work is done by
other ICO departments.
Our privacy notice explains what we do with the personal data you provide
to us when you make an information request:
https://ico.org.uk/global/privacy-notice...
Thank you for your interest in the work of the Information Commissioner's
Office.
Yours sincerely,
Information Access Team
Information Commissioner’s Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0303 123 1113 [1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email
Please be aware we are often asked for copies of the correspondence we
exchange with third parties. We are subject to all of the laws we deal
with, including the data protection laws and the Freedom of Information
Act 2000. You can read about these on our website ([3]www.ico.org.uk).
Please say whether you consider any of the information you send us is
confidential. You should also say why. We will withhold information where
there is a good reason to do so.
For information about what we do with personal data see our privacy notice
at [4]www.ico.org.uk/privacy-notice
References
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Dear ICO Casework,
Thank you for your email. However, as information has not been supplied in relation to the original matter and is still sought, if elements of my response constitute new matters and you assign a new reference, you will in effect be answering two matters under this single thread.
Therefore, please either address the entirety as a single request or advise to which aspects the new request refers and I will start a separate thread
thank you
Yours sincerely,
Mr P Swift
13 October 2022
Case Reference IC-191697-N6D8
Dear P Swift
Thank you for contacting the Information Commissioner’s Office (ICO). We
received your information request on 15 September.
This request is refused under section 14 of the FOIA. However, as our
rationale for this refusal details your wider engagement with this office,
we will send our substantive response to your direct email address.
*
Next steps
If you are dissatisfied with our response to you and wish to request a
review of our decision under the FOIA 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 [1][ICO request email].
A 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 FOI Complaints & Appeals Department at the address below or visit
our [2]website if you wish to make a complaint under the Freedom of
Information Act.
A copy of our review procedure can be accessed from our website [3]here.
Your rights
Our [4]privacy notice explains what we do with the personal data you
provide to us and what your rights are, with a specific entry, for
example, for an [5]information requester. Our retention policy can be
found [6]here.
Yours sincerely,
Frederick Aspbury
Senior Information Access Officer
Information Commissioner's Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6397 [7]ico.org.uk [8]twitter.com/iconews
Please consider the environment before printing this email.
For information about what we do with personal data see our privacy notice
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Mr P Swift left an annotation ()
ICO response:
We have considered the cost of complying with your request and can confirm that it exceeds the ‘appropriate limit’ as set out in section 12 of the FOIA. Further information on this is provided below.
Section 12 of the FOIA makes clear that a public authority is not obliged to comply with an FOIA request if the authority estimates that the cost of complying with the request would exceed the ‘appropriate limit'. The ‘appropriate limit’ for the ICO, as determined in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 is £450. We have determined that £450 would equate to 18 hours work.
You have requested how many complaint cases we have dealt with since 1 September 2019 have been allocated sooner than the ‘normal waiting time’ and the reasons for this. We understand your request to relate to freedom of information (FOI) complaints.
FOI complaints
You have already been provided with some advice from our FOI complaints team on how they triage cases, which you included in your request. Our casework service guide provides further information on how we handle complaint cases (see Section 3: Triage and identifying cases for early resolution).
The triaging process seeks to identify cases that may be suitable for early resolution. For example, the identification of a precedent case that may inform the parties of the likeliest outcome, or if the case can be dealt with ‘as presented’, such as some section 40 (personal data), 42 (legal professional privilege) or 12 (exceeds cost limit) cases. Cases that do not meet the eligible criteria will be responded to more quickly, so that complainants do not have to wait months before being told that that there are more steps required before we can take their complaint forward.
The cases that remain are filtered for allocation based on sectoral queues before being allocated to a case officer. There are a number of variables which affect the time taken for a complaint to be allocated. For example, whether it needs to be investigated by a Lead Case Officer or a Senior Case Officer, or the number of complaints received into a particular sectoral queue. Whilst we can extract the start and completion dates of cases from our casework system, we are not able to report on when the case was allocated to a case officer. Indeed, some cases will be allocated to more than one case officer depending on the circumstances.
If a complainant requests that their case be prioritised this will initially be considered at the triage process stage. However, complainants can contact us at any time while waiting for their case to be allocated to a case officer to request prioritisation. Requests for prioritisation will only be accepted in exceptional circumstances on a case by case basis. Our service guide sets out the circumstances where the ICO may decide to treat a complaint as high priority. Cases identified as high priority may be prioritised or escalated but this is not done automatically. These are looked at on a case by case basis.
Whilst the information you have requested is likely to sit within our casework management system, this system is not set up to provide us with the information you have requested. The only way we could identify the information you have requested would be to manually review the details we hold on each FOI complaint case.
Firstly, we would need to locate the date a case officer was allocated to investigate the complaint. You have not specified in your request what timeframe you consider to be ‘early’. We would then need to ascertain the reasons why the case was ‘brought forward’. This would require us to check relevant documents and activities for the evidence. This is likely to take a significant amount of time, depending on the amount of information held on a case.
We deal with a large number of FOI complaints each year. We provide details of our casework each financial year in our annual reports here. Since April 2019, we have dealt with over 17,000 FOI complaints. We would estimate that it would take a minimum of 3 minutes per case to manually check these records, with some cases likely to take much longer for the reasons cited above. The time it would take to carry out these searches would therefore be well in excess of the section 12 FOIA cost limit.
You could consider reframing your request to bring it within the cost limits, such as requesting information relating to cases received in a limited timeframe for example 1 month. However, that would only provide a snapshot of the situation and may not give you a meaningful picture. Please also note that other FOIA exemptions may apply to information within scope of a refined request.
Our Director of FOI and Transparency, Warren Seddon, has issued a blog
https://ico.org.uk/about-the-ico/media-c...
which provides an update on our FOI casework. Details of our open FOI casework can be found on our website here
https://ico.org.uk/about-the-ico/our-inf...
and will be published on a quarterly basis.
This concludes our response to your request. We hope the information provided above is helpful.