Communications with DCSF regarding backlog

Feargal Hogan 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 Sir or Madam,

Please supply copies of all corredspondence between ICO and DCSF regarding the DCSF backlog in answering FoI requests since 1st July 2009.

Yours faithfully,

Feargal Hogan

Information Commissioner's Office

Link: [1]File-List

21st September 2009

Case Reference Number IRQ0269932

Dear Mr Hogan

Thank you for your email of 20 September 2009 in which you have made a
request for information to the Information Commissioner’s Office.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 19 October 2009 which is 20
working days from the day after we received your request.

If you wish to add further information or evidence to your case please
reply to this email, being 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

Joanne Crowley

Assistant Internal Compliance Manager

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/radE5047_files/filelist.xml

Dear Sir or Madam,

Can you explain why there is a delay in responding to this request?

Yours faithfully,

Feargal Hogan

Feargal Hogan left an annotation ()

Interestingly the letter provided is slightly different from the one supplied by the DCSF
http://bit.ly/4cn1nj

Information Commissioner's Office

2 Attachments

19th October 2009

Case Reference Number IRQ0269932

Dear Mr Hogan

I am writing further to my email dated 21 September 2009 in which I
acknowledged your request for information to the Information
Commissioner’s Office (ICO).

Specifically your request stated;
“Please supply copies of all correspondence between ICO and DCSF
regarding the DCSF backlog in answering FoI requests since 1st July
2009.”

As previously explained we are treating your request as a request for
information under the Freedom of Information Act 2000 (the FOIA).

We have searched our systems and can advise that we hold one letter
from DCSF to the ICO dated 17 July 2009 which falls within the scope
of your request. Please be advised that this is all the information
which the ICO holds which falls into the scope of your request as the
ICO has not replied to this letter.

In response to your request we have attached a copy of the DCSF’s
letter dated 17 July 2009. You will note however that some information
has been withheld.

With regard to the telephone number of the author of the letter, the
information on the second page of the letter below the website links
and the second sentence of the third paragraph on the second page this
information has been withheld in accordance with Section 40(2) of the
FOIA. Section 40(2) allows a public authority to withhold information
from a response to a request 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.

This information constitutes the personal data of third party
individuals and also the personal data of the author of the letter.
As you will appreciate as a regulator we should not be releasing an
individual’s personal data without their consent therefore 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”.

In relation to the information withheld from the first paragraph on
the second page of the letter and the first sentence from the third
paragraph on the second page, this information has been withheld under
the provisions of Section 44 of the FOIA which places prohibitions on
disclosure.

Section 44(1)(a) of the FOIA 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) and
specifically Section 59 of the DPA. Section 59 states that neither the
Commissioner nor his staff shall disclose;
“any information which:
(a) has been obtained by, or furnished to, the Commissioner under or
for the purposes of this Act.
(b) relates to an identified or identifiable individual business, and
(c) 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 prevents us from disclosing the information which has been
collected in the course of our investigations unless we have lawful
authority to do so.

We do not have lawful authority on the basis that this information was
provided to us in confidence by the DCSF.

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 theInternal Compliance
Team at the address below or [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 Case Reception 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 attached.

Yours sincerely

Joanne Crowley
Assistant Internal Compliance Manager

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

Richard Taylor left an annotation ()

On the 6th of November 2009 the ICO sent WhatDoTheyKnow a new version of the attached letter with Andrew Partridge's signature redacted. They asked us to remove the document containing his signature which they had sent on the 19th of October.

The original message was removed, and a new one, containing the new document posted to this thread. This explains why the first annotation on this thread is above the document it refers to.

WhatDoTheyKnow removes personal information such as signatures from the site if authorities provide new copies of documents which are otherwise identical.

See: http://www.whatdotheyknow.com/help/about...

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Richard - WhatDoTheyKnow.com volunteer