Barnet and blogging

Steve Elibank made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Information Commissioner’s Office,

Please provide me with an electronic copy of Barnet Council's complaint about a blogger being an unregistered data controller (as detailed here http://www.barnet-today.co.uk/news.cfm?i...) plus an electronic copy of the ICO's response and any other materials the ICO holds relating to that issue.

Yours faithfully,
Steve Elibank

Information Commissioner's Office

Link: [1]File-List

28th November 2011

 

Reference: IRQ0426076

 

Dear Mr Elibank,

 

Thank you for your correspondence of 27^th November 2011.  

 

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 23^rd December 2011 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. However, please be aware that
this is an automated process; the information will not be read by a member
of our staff until your case is allocated to a request handler.

 

Yours sincerely

 

Hannah Burling

Lead Internal Compliance Officer

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.gov.uk

References

Visible links
1. file:///tmp/rad687C8_files/filelist.xml

Information Commissioner's Office

2 Attachments

Link: [1]File-List

19th December 2011

 

Case Reference Number IRQ0426076

 

Dear Mr Elibank

 

Request for Information

 

Further to our acknowledgement of 28 November 2011 we are now in a
position to provide you with a response to your request for information
dated 27 November 2011.

 

As you know 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 e-mail of 27 November you referred to correspondence which had
been exchanged between the Information CommissionerÂ’s Office (ICO) and
Barnet Council (the Council) in connection with a blogger being an
unregistered data controller, and asked us to provide you with copies of
that correspondence and “… any other materials the ICO holds relating to
that issue”.

 

Information Held

 

Please find attached copies of all the information we hold which falls
within the scope of your request.

 

The items of information which we hold in connection with this matter, and
have provided in the attached scanned document, are as follows:

 

·        Data Protection Act 1998 Complaint Form and covering e-mail from
the Council received by the ICO on 16 May 2011

·        ICO e-mail to the Council dated 7 June 2011

·        Council e-mail to the ICO received 23 June 2011

·        ICO e-mail to the Council dated 11 July 2011

·        Internal ICO e-mail dated 15 November 2011

 

I would mention that due to the nature of e-mail strings there is a small
amount of duplication.

 

Information Withheld

 

You will note that some information has been removed, or redacted, from
the information we have provided.

 

Firstly, the names, job titles and contact details of members of staff at
the Council have been withheld in reliance on the exemption at Section
40(2) of the FOIA, by virtue of section 40(3)(a)(i), as the information
requested is the personal data of those members of staff, and we take the
view that its disclosure would contravene the 1^st Data Protection
principle, which requires that “Personal data shall be processed fairly
and lawfully …”. 

 

Secondly, we have withheld the information provided by the Council with
their Data Protection Act 1998 Complaint Form, namely the ‘Screenshots of
lbbspending.blogspot.com’, referred to in paragraph 10 of the form. 

 

This information has been withheld in reliance on the exemption at section
21 of the FOIA, which states “Information which is reasonably accessible
to the applicant otherwise than under section 1 is exempt information”. 
Given that this information is still readily accessible from the website
at lbbspending.blogspot.com, it is therefore subject to the exemption at
s21 above.

 

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 Internal Compliance Department at the address
below or e-mail [2][email address]

 

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 First 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 is attached.

 

Yours sincerely

 

Antonia Swann

Lead Internal Compliance Officer

Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Tel: 01625 545894

[3]www.ico.gov.uk

 

 

 

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.gov.uk

References

Visible links
1. file:///tmp/radFBEB9_files/filelist.xml
2. mailto:[email address]
3. http://www.ico.gov.uk/

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org