Dear Information Commissioner’s Office,

Please release:

1. Minutes and records of all discussions or documents relating to the consideration of whether ATVOD should be accountable under the FoIA.

2. Representations made by ATVOD as to the process to determine their accountability under the act.

Yours faithfully,

Mr Harding

AccessICOinformation, Information Commissioner’s Office

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
[2]http://www.ico.org.uk/tools_and_resource...

 

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

 

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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

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2. http://www.ico.org.uk/tools_and_resource...
3. http://www.twitter.com/ICOnews

Information Commissioner’s Office

14 August 2015

 
Case Reference Number IRQ0592735

 

Dear Mr Harding

Request for Information
 
Thank you for your correspondence of 10 August 2015.
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond promptly, and no later than 8
September 2015 which is 20 working days from the day after we received
your request.
 
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. 
 
Yours sincerely

Kussum Sharma
Lead Information Access Officer
The Information Commissioner's Office
01625 545681 
 

 

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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

Information Commissioner’s Office

1 Attachment

27 August 2015

Case Reference Number IRQ0592735

Dear Mr Harding

Further to our acknowledgement of 14 August 2015, 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 10 August 2015 you asked us to provide you with the
following information:
 
Please release:

1. Minutes and records of all discussions or documents relating to the
consideration of whether ATVOD should be accountable under the FoIA.

2. Representations made by ATVOD as to the process to determine their
accountability under the act.
 
Information held
 
We have carefully checked all of the records we hold on FOIA related cases
where the party complained about is ATVOD. We have been able to find one
case and have attached copies of all the information which falls within
the scope of your request.
 
We have provided you with information in relation to a case which was
submitted to this office by a member of the public where the issue, their
accountability under the FOIA, was the main focus of the complaint to the
ICO. Please find attached redacted copies of correspondence we have
exchanged with ATVOD on this issue which includes their representation on
the issue.
 
We also sought advice from our Policy and Legal Department on this issue
in relation to that case. Copies of these are also attached.
 
Information Withheld
 
You will see that some information has been redacted, from the copies we
are providing. All of the redacted information comprises the personal data
of third parties.
 
Personal information is exempt from disclosure to you under section 40(2)
of the FOIA which, by virtue of section 40(3)(a)(i), allows a public
authority to withhold information from a response to a request under the
FOIA when the information requested is personal data relating to someone
other than the requestor, and its disclosure would contravene one of the
Data Protection principles.
 
We consider that the individual referred to in this correspondence would
not anticipate or expect their details to be disclosed to anyone outside
the ICO. We have also redacted personal email address and telephone number
of our contacts at ATVOD. We consider that such a disclosure would be
unfair and in breach of the first Data Protection principle which states
that – “Personal data shall be processed fairly and lawfully …”.  It is
for this reason that we have taken the decision to withhold this
information from you in reliance of section 40(2) of the FOIA.
 
This concludes your request.
 
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 [1][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
[2]here.
 
Yours sincerely

Kussum Sharma
Lead Information Access Officer
the Information Commissioner's Office
01625 545681

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. mailto:[ICO request email]
2. https://ico.org.uk/media/about-the-ico/p...

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