Christian Cowell

To Whom it May Concern,

I wish to make a Freedom of Information request, under the Freedom of Information Act 2000, in regards to communication between the BBC and the 'Government Communications Headquarters' (a.k.a. 'GCHQ').

In particular, I am requesting any and all communications on record from the GCHQ, to the BBC, and from the BBC, to GCHQ, in full, and dated if not otherwise obvious within the document itself.

I also request any internal communications that will be created when fulfilling this request, including any communications between BBC departments and/or third parties (such as FOI lawyers).

Thank you for your time,
Christian Cowell

FOI Enquiries, British Broadcasting Corporation

Dear Mr Cowell,

Thank you for your request for information under the Freedom of Information Act 2000, as detailed in your email below. Your request was received on 3rd August 2013. We will deal with your request as promptly as possible, and at the latest within 20 working days. If you have any queries about your request, please contact us at the address below.

The reference number for your request is RFI20131125.

Kind regards

The Information Policy & Compliance Team

BBC Freedom of Information
BC2 B6, Broadcast Centre
201 Wood Lane
London W12 7TP

www.bbc.co.uk/foi
Email: [BBC request email]

Tel: 020 8008 2882

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FOI Enquiries, British Broadcasting Corporation

Dear Mr Cowell,

Freedom of Information Act 2000 – RFI20131125

Thank you for your request under the Freedom of Information Act (‘the Act’) below.

I estimate that to deal with your request would take more than two and a half days; under section 12 of the Act, we are allowed to refuse to handle the request if it would exceed the appropriate limit. The appropriate limit has been set by the Regulations (SI 2004/3244) as being £450 (equivalent to two and a half days work, at an hourly rate of £25). We would have to search the whole BBC for the information you have requested, which would clearly take more than two and a half days.

If you would like to submit a narrowed request, we would be happy to consider it. For example you may consider narrowing your request to a particular part of the BBC.

You may request an internal review of our decision that your request exceeds the appropriate limit. Please contact us at the address above, explaining what you would like us to review and including your reference number. If you are not satisfied with the internal review, you can appeal to the Information Commissioner. The contact details are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 01625 545 700 or see www.ico.org.uk

Yours sincerely,

The Information Policy & Compliance Team

BBC Freedom of Information
BC2 B6, Broadcast Centre
201 Wood Lane
London W12 7TP

www.bbc.co.uk/foi
Email: [BBC request email]

Tel: 020 8008 2882

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Christian Cowell

Dear FOI Enquiries,

Thank you for the your reply.

Would you please amend my original request to be time limited to communication from 1st January 2013 to 1st August 2013, assuming that narrows the request to satisfaction?

I would also like to amend my original request to include any and all recorded information created in the conclusion that my original request brenched section 12 of the Freedom of Information Act 2000. As this information would have been created very recently, within your own department, I assume that it would not be probable that this additional request would breach the "appropriate limit".

Thank you for your quick reply, and I hope to hear from you within the next 20 business days,

Christian Cowell

FOI Enquiries, British Broadcasting Corporation

Dear Mr Cowell,

Thank you for your response.

However, as the factor which causes your original request to be over the appropriate limit (as explained in our response below) is the size of the search we would have to carry out on the basis of location within the BBC, and not the timescale of the information, this narrowing does not reduce the handling of your request to below the appropriate limit.

You may request an internal review of our decision that your request exceeds the appropriate limit. Please contact us at the address above, explaining what you would like us to review and including your reference number. If you are not satisfied with the internal review, you can appeal to the Information Commissioner. The contact details are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 01625 545 700 or see www.ico.org.uk

Yours sincerely,

The Information Policy & Compliance Team

BBC Freedom of Information
BC2 B6, Broadcast Centre
201 Wood Lane
London W12 7TP

www.bbc.co.uk/foi
Email: [BBC request email]

Tel: 020 8008 2882

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Christian Cowell

Dear FOI Enquiries,

Thanks again for your quick replies.

I can appreciate the scope of my request might make it an unacceptable burden of time and labour to fulfill.

I hope that you will help me in moving forward with this request on your advice. So I ask, could you please give me the complete list of every BBC department that The Information Policy & Compliance Team deem separate, so I can make an informed request that'll burden your department less and would fall within the FOI budget for single requests.

I also wish to bring your attention to my FOI request that you seemed to have ignored. I asked for all recorded information created in the calculation that my original request went above the appropriate limit. Please give me confirmation that you are aware of this request and are working on colating the information.

Thanks once again for your continued assistance, it is much appreciated,

Christian Cowell

FOI Enquiries, British Broadcasting Corporation

2 Attachments

Dear Mr Cowell,

 

Please find attached the response to your request for information,
reference RFI20131125.

 

Yours sincerely,

 

The Information Policy and Compliance Team

 

BBC Information Policy and Compliance

Room BC2 B6 Broadcast Centre

Wood Lane

London W12 7TP

 

Website: [1]www.bbc.co.uk/foi

Email: [2]mailto:[BBC request email]

Tel: 020 8008 2882

Fax: 020 8008 2398

[3]Description: Description: \\BBCFS2025\UserData$\myrien01\Documents\My
Pictures\BBC.png

 

 

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2. mailto:[BBC request email]
4. http://www.bbc.co.uk/

Dear FOI Enquiries,

I wish to request an internal review of the requests I have made, under the Freedom of Information Act 2000, as I believe the BBC have acted in bad faith in handling my request. These requests, I believe, are under your internal reference number "RFI20131125".

My first request asked for all recorded communications from GCHQ to the BBC, and from the BBC to GCHQ. This same request also asked for any and all communications and data created in forfilling, or investigating the ability to forfill, my request.

You stated that my request for communications to and from GCGQ was beyond the "appropriate limit". But refused to acknowledge my request of all data created in investigating my request; consequently, this data would have been evidence of how you deemed it above the "appropriate limit", that you chose to withdraw for no clear, legitimate reason outside of acting in bad faith.

My second request was based on your own request you made to me: for me to ask for the same data from separate BBC departments. I asked for a list of BBC departments. You refused this request. I understand that this information might not be recorded, but the information was a prerequisite that you felt you were legally able to demand of me before I could make my original request. Am I, as someone who is not an employee of the BBC supposed to know the departments of the BBC? Am I supposed to guess? I feel that your demand of me to know the separate departments, and then you withholding your knowledge of them, might have been purposely engineered to block me from asking for the data within the "appropriate limit".

I hope to hear the results of the internal investigation shortly.

Yours sincerely,

Christian Cowell

FOI Enquiries, British Broadcasting Corporation

Dear Mr Cowell,
 
We have received your request for an internal review relating to
RFI20131125. Your request for an internal review was received on 21^st
August 2013. We shall deal with the review within 30 working days.  If you
have any queries please contact us at the address below.
 
The reference number for your internal review is IR2013058.
 
BBC Information Policy and Compliance    
BC2 B6, Broadcast Centre
201 Wood Lane
London, W12 7TP
 
Website: [1]www.bbc.co.uk/foi/
Email: [2][BBC request email]    
Tel: 020 8008 2882
Fax: 020 8008 2398
 

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Dear FOI Enquiries,

I am contacting you to inform you that the internal review (IR2013058) is now 41 days overdue.

30 working days from your confirmation of receipt would be the 2nd October. It is now the 12th November, and I still haven't received the results of the internal review.

I expect an explaination for this huge delay, today.

Thank you for your time,
Christian Cowell

Dear FOI Enquiries,

I am emailing once again to remind you that the results of the internal review (IR2013058) are now 42 days overdue.

I still have not got an explaination for this delay, so could you please respond with the results of the internal review a.s.a.p..

I hope to hear from you today,
Christian Cowell

Dear FOI Enquiries,

This is yet another email to inform you that the results of your internal review (IR2013058) are now 43 days overdue.

My previous emails have been ignored, my voicemails have been ignored, and when I finally got through to someone in your department over the phone, I was told your only correspondance was via email. I was told to mention in the email that this is "high priority".

I hope for a response within the next hour, as your lack of any attention has become insultingly lax,

Christian Cowell

FOI Enquiries, British Broadcasting Corporation

Dear Mr Cowell,

Thank you for your email.

We apologise that a response to your request for an Internal Review of RFI20131125 is overdue.

We can assure you that all efforts are being made to provide you with a response as soon as possible. Your internal review is a priority as it is already late.

Yours sincerely,

The Information Policy and Compliance Team

BBC Information Policy and Compliance
Room BC2 B6 Broadcast Centre
Wood Lane
London W12 7TP

Website: www.bbc.co.uk/foi
Email: mailto:[BBC request email]
Tel: 020 8008 2882
Fax: 020 8008 2398

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Louise Lander, British Broadcasting Corporation

Dear Mr Cowell

 

Further to the email you received yesterday from the Information Policy
and Compliance team, I wanted to let you know that I will be dealing with
your review; I also want to apologise for the delay.

 

I should explain that a small backlog of Internal Reviews unfortunately
occurred at the end of the summer period and your own review has been
caught in this. We are taking steps to address the backlog and I will be
working on your own review as a matter of urgency. Once again, I am sorry
for this delay and the inconvenience that this has caused you.

 

From looking at your correspondence with the BBC about your review, I can
see that you have contacted us by phone to discuss the review - as the
reviewer, I think it would be very helpful if I could talk through a few
points with you so I can ensure that I am addressing all the relevant
factors.

 

I appreciate that it would not be appropriate for you to provide a contact
number over the whatdotheyknow website, and I know you have called
already, but if you would be kind enough to phone the number below and
leave a voicemail with your details, this will be passed on to me. If you
could leave your number and any times that would be most convenient for me
to call, that would be very helpful - if you were available any time on
Monday afternoon between 2 and 6.30 pm that would be a great help for me
as it would allow me the time to understand the full history of your
original request and the responses you have received before I speak to
you.

 

I hope this will be acceptable to you, but please be assured that if for
any reason you are not able to come back to me straight away, I will be
continuing to work on the review in the meantime.

 

Yours sincerely

 

Louise Lander

Advisor FOI

 

BBC Information Policy & Compliance
BBC Freedom of Information
BC2 B6, Broadcast Centre
201 Wood Lane
London W12 7TP

www.bbc.co.uk/foi
Email: [BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

 

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References

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FOI Enquiries, British Broadcasting Corporation

1 Attachment

Dear Mr Cowell

 

Please find attached my internal review decision in respect of your
request RFI20131125. I would also like to offer my sincere apologies for
the delay you have experienced in the handling of this review and the
inconvenience this has caused.

 

Yours sincerely

 

Louise Lander

Advisor FOI

 

BBC Information Policy and Compliance

 

BC2B6, Broadcast Centre

201 Wood Lane

London W12 7TP, UK

 

Website: [1]www.bbc.co.uk/foi

Email: [2]mailto:[BBC request email]

Tel: 020 8008 2882

Fax: 020 8008 2398

 

 

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References

Visible links
1. http://www.bbc.co.uk/foi
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

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