Case Ref: FS50438502 & Case Ref: FS50441818

Frank Zola 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 partially successful.

Dear Information Commissioner’s Office,

Please provide a copy of all information & correspondence shared between yourselves and the Department for Work and Pensions in connection to ICO Decisions Notices:

Case Ref: FS50438502
http://www.ico.gov.uk/~/media/documents/...

and

Case Ref: FS50441818
http://www.ico.gov.uk/~/media/documents/...

Yours faithfully,
Frank Zola

Information Commissioner's Office

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12th October 2012

Case Reference Number IRQ0468362

Dear Mr Zola

Request for Information
 
Thank you for your e-mail of 11 October 2012, in which you have asked us
to provide you with information relating to the two case references
FS50438502 and FS50441818.
 
Your request has been passed to the ICO’s Information Governance
Department, and is being dealt with in accordance with the Freedom of
Information Act 2000 under the reference number shown above.  We
will therefore respond to your request promptly, and no later than 8
November 2012, which is 20 working days from the day after we received
your request.
 
Should you wish to reply to this e-mail please be careful not to amend the
information in the ‘subject’ field. This will ensure that your reply 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
 
Antonia Swann      Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545894  F. 01625 524510  [1]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. blocked::http://www.ico.gov.uk/
http://www.ico.gov.uk/

Information Commissioner's Office

2 Attachments

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8th November 2012

Case Reference Number IRQ0468362

Dear Mr Zola

Further to our acknowledgement dated 12 October 2012 we are now in a
position to respond to your request for information under the Freedom of
Information Act 2000.
 
On 11 October 2012 you requested the following information:
“Please provide a copy of all information & correspondence shared
between yourselves and the Department for Work and Pensions in
connection to ICO Decisions Notices:

Case Ref: FS50438502
http://www.ico.gov.uk/~/media/documents/...

and

Case Ref: FS50441818
http://www.ico.gov.uk/~/media/documents/...
 
Response to request

In response to your request please find attached a copy of the
correspondence we exchanged with the Department for Work and Pensions
(DWP) in relation to FS50438502 and FS50441818. Please note that we have
handled your request under the Freedom of Information Act 2000 and as such
we have redacted third party data from the correspondence. We have also
withheld part of the information provided to us by the DWP in reliance on
section 44 of the FOI. A full explanation will follow below.
 
Section 40 (2) by virtue of section 40 (3) (a) (I)
 
You will note that we have redacted names and contact details and personal
information pertaining to third parties from the attached correspondence
including the name of complainants and junior staff at the DWP.
 
As this information relates to identifiable individuals it constitutes
their ‘personal data’. We have therefore considered whether the disclosure
of this personal data is subject to the exemption at section 40(2) of the
Freedom of Information Act 2000 (by virtue of s40 (3) (a) (i)).  If the
disclosure of the personal data would contravene any of the eight data
protection principles contained within the Data Protection Act 1998 the
exemption at section 40(2) of the Freedom of Information Act 2000 will
apply.
 
It is unlikely that it would be within the expectations of the third
parties that their names and contact details be put into the public
domain, as they will have provided these details for internal use within
the ICO. Therefore disclosure would be in contravention of the first Data
Protection Principle. This requires personal data to be processed ‘fairly
and lawfully’.  It is therefore appropriate for us to withhold this
information under section 40(2) of the Freedom of Information Act 2000 by
virtue of section 40(3) (a) (I).  This section of the Act states: -
 
“(2)   Any information to which a request for information relates is also
exempt information if

 1. it constitutes personal data which do not fall within subsection (1),
and
 2. Either the first or the second condition below is satisfied.

 
(3)  The first condition is –

 1. in a case where the information falls within any of paragraphs (a)  to
(d) of the definition of “data” in section 1(1) of the Data Protection
Act 1998, that the disclosure of the information to a

Member of the public otherwise than under this Act would contravene –

 1. any of the data protection principles …”

Section 44 of the Freedom of Information Act 2000
 
We have also withheld parts of the attachments we received from the DWP in
reliance on section 44 of the Freedom of Information Act 2000 by virtue of
section 59 of the Data Protection Act.
 
Section 44(1) of the FOIA places prohibitions on disclosure, and states:
 
‘(1) Information is exempt information if its disclosure (otherwise than
under this Act) by the public authority holding it -
(a) is prohibited by or under any enactment’
 
The enactment in question is the Data Protection Act 1998 (DPA),
specifically Section 59 of the DPA. Section 59 states that neither the
Commissioner nor his staff shall disclose:
 
“Any information which:

 1. Has been obtained by, or furnished to, the Commissioner under or for
the purposes of the information Acts.
 2. relates to an identified or identifiable individual business, and
 3. is not at the time of disclosure, and has not been available to the
public from other sources,

Unless the disclosure is made with lawful authority.”
 
This provision prevents us from disclosing information which has been
collected or provided to the ICO for the purpose of our regulatory
functions, unless we have lawful authority to do so. The withheld
information was only supplied to the ICO in confidence to allow us to
carry out our investigations.
We do not have the authority to disclose these submissions to
you. The cases are currently subject to appeal which was logged with the
information tribunal.  
 
Please note that some duplicates have been removed and that copies of
decision notices have not been included as they are available to you by
other means as per section 21 of the Freedom of Information Act. 

Due to the size of the attachments they will be sent over 2 emails.
 
 
I hope you find the provided information of assistance
 
If you are dissatisfied with the response you have received 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 Governance
Department at the address below or e-mail
[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 the First Contact Team, at the address below 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 available [1]here.
 

Yours sincerely

Iman Elmehdawy
Lead Information Governance 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. http://www.ico.gov.uk/about_us/~/media/d...

Information Commissioner's Office

1 Attachment

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8th November 2012

Case Reference Number IRQ0468362

Dear Mr Zola

Please find attached the third document related to case
reference FS5044818.

I hope you find it of assistance

Yours sincerely

Iman Elmehdawy
Lead Information Governance 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