Dear Information Commissioner's Office,

In DN FS50735928 the Commissioner decided that the information requested by the complainant was not held by Kings College London:

https://ico.org.uk/media/action-weve-tak...

In the appeal dated 21 April 2019 Judge Hamilton noted in para. 17:

"I am very conscious of the fact that the current position has only arisen because the IC has had a change of heart during the course of the appeal proceedings and has shifted from supporting KCL’s argument that it did not hold the requested information to rejecting it."

http://www.bailii.org/uk/cases/UKFTT/GRC...

Please provide the 'change of heart' information considered by Judge Hamilton.

Yours faithfully,

J Roberts

Information Commissioner's Office

29 May 2019

 

Case Reference Number IRQ0844590

 

Dear J Roberts,
 
Thank you for your correspondence which we received on 21 May 2019, in
which you have made a request for information held by the Information
Commissioner's Office (ICO). 
 
Your request has been passed to the ICO’s Information Access Team, and is
being dealt with in accordance with the Freedom of Information Act 2000
under the reference number shown above. 
 
As you are probably aware the FOIA provides individuals with the right of
access recorded information held by public authorities. It is important to
note that a release under FOIA is applicant blind and therefore
effectively a release to the wider world.
 
We will respond to your FOIA request promptly, and no later than 19 June
2019, 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 your reply is
added directly to your case.
 
Yours sincerely
 

Shannon Keith
Senior Information Access Officer, Risk and Governance Department
Corporate Strategy and Planning Directorate
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 313 1636  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
For information about what we do with personal data see our [3]privacy
notice.
Please consider the environment before printing this email

 
 
 

References

Visible links
1. http://ico.org.uk/
2. https://twitter.com/iconews
3. https://ico.org.uk/global/privacy-notice/

Information Commissioner's Office

4 June 2019

 

Case Reference Number IRQ0844590

 

Dear J Roberts,

Thank you for your recent request for information. We received your
request on 21 May 2019. Further to our acknowledgment of 29 May 2019 we
are now in a position to respond.
 
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).
  
Request
 
In your email you asked:
 
In DN FS50735928 the Commissioner decided that the information requested
by the complainant was not held by Kings College London:
 
[1]https://ico.org.uk/media/action-weve-tak...
 
In the appeal dated 21 April 2019 Judge Hamilton noted in para. 17: "I am
very conscious of the fact that the current position has only arisen
because the IC has had a change of heart during the course of the appeal
proceedings and has shifted from supporting KCL’s argument that it did not
hold the requested information to rejecting it."
 
[2]http://www.bailii.org/uk/cases/UKFTT/GRC...
 
Please provide the 'change of heart' information considered by Judge
Hamilton. 

Response 

I can confirm we hold information that falls in the scope of your request.
This information is contained in the Commissioner’s Response served to the
First Tier Tribunal in response to appeal EA/2018/0242.

We are withholding the requested information as it is subject to the
exemption at 32(1)(a) of the FOIA (court documents). I will explain my
decision to withhold this information below.
 
Information Withheld – Section 32 FOIA
 
The Commissioner’s Response was required to be served for the purposes of
the court proceedings lodged by the Appellant and is therefore subject to
the exemption at 32(1)(a) of the FOIA. Section 32(1) of the FOIA states in
full:
 
32(1) Information held by a public authority is exempt information if it
is held only by virtue of being contained in –

 1. any document filed with, or otherwise placed in the custody of, a
court for the purposes of proceedings in a particular cause or matter,
 2. any document served upon, or by, a public authority for the purposes
of proceedings in a particular cause or matter, or
 3. any document created by –

(i) a court, or
(ii) a member of the administrative staff of a court,
for the purposes of proceedings in a particular cause or matter.
 
Section 32 is a ‘class’ based exemption and is ‘absolute’, which means
that if the nature, or class, of the information held falls within the
scope of the exemption, it need not be provided in response to a request
under the FOIA. Therefore we do not need to consider whether disclosure of
the information in question would prejudice the functions of the ICO or
other parties to the appeal, nor is it necessary to consider any public
interest test.
 
The Commissioner’s Response (in JP v IC EA/2018/0242) falls within the
scope of section 32(1)(a) above, and as such is exempt from disclosure
under the terms of the FOIA.
 
The rationale for this exemption being absolute is that courts and
tribunals regulate access to information generated in the course of
proceedings, and the exemption is intended to protect court documents.

This concludes my response to your request.
 
Review Procedure
 
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 can write to the Information Access Team at the address below or
e-mail [3][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 our website if
you wish to make a complaint under the Freedom of Information Act.
 
A copy of our [4]review procedure can be accessed from our website.

Yours sincerely
 
 

Shannon Keith
Senior Information Access Officer, Risk and Governance Department
Corporate Strategy and Planning Directorate
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 313 1636  F. 01625 524510  [5]ico.org.uk  [6]twitter.com/iconews
For information about what we do with personal data see our [7]privacy
notice.
Please consider the environment before printing this email

 
 

References

Visible links
1. https://ico.org.uk/media/action-weve-tak...
2. http://www.bailii.org/uk/cases/UKFTT/GRC...
3. mailto:[ICO request email]
4. https://ico.org.uk/media/1883/ico-review...
5. http://ico.org.uk/
6. https://twitter.com/iconews
7. https://ico.org.uk/global/privacy-notice/