Correspondence between BIS, Professor Garratt and Nominet officials 2008-9

The request was partially successful.

Dear Department for Business, Innovation and Skills,

In view of the employment tribunal information released in the week of 14 August regarding former Nominet Policy Director Mrs Emily Taylor*, I am requesting correspondence (including from officials on official business that was sent via private email addresses) regarding the instigation and conduct of the Garratt Review into the governance of Nominet between 1 January 2008 and 31 December 2009. I am also requesting all emails relating to Plan G.

Several letters between David Hendon and Nominet in the period are of course already in the public domain, and cited in pp124-126 of 'Internet Co-regulation' (Cambridge University Press, 2011).

As Nominet performs a public function as confirmed by the co-regulatory reforms in the Digital Economy Act 2010, the correspondence of their executives is also subject to such a request.

Yours faithfully,
Professor Chris Marsden,
Law School,
University of Essex
* See http://www.theregister.co.uk/2012/08/17/...

FOI Requests, Department for Business, Innovation and Skills

BIS ref: 12/1248

 
Dear Dr Marsden,

Thank you for your request for information which was received on 22 August
2012. Your request has been passed on to the appropriate official at the
Department for Business, Innovation and Skills to deal with.

Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be responded at the latest by 20 September
2012.

If you have any queries about this email, please contact the information
rights unit at BIS. Please remember to quote the reference number above in
any future communications.

Kind regards,
Information Rights Unit

Security and Information Rights Unit | Department for Business, Innovation
& Skills  | Victoria 3, 5th Floor, 1 Victoria Street, London, SW1H OET|
[1]www.bis.gov.uk

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth

show quoted sections

Rhodes Stephen (ShEx), Department for Business, Innovation and Skills

1 Attachment

Ref: 12/1248

Dear Professor Marsden,

Thank you for your email of 22 July 2012 where you requested
correspondence (including from officials on official business that was
sent via private email addresses) regarding the instigation and conduct of
the Garratt Review into the governance of Nominet between 1 January 2008
and 31 December 2009. You also requested all emails relating to “Plan G”
and correspondence of Nominet executives (we have interpreted the latter
as being related to your main request about the Garratt Review). As you
are probably aware, policy responsibility for this area was passed to the
Department for Culture, Media and Sport in January 2011.

The information you requested is attached. 

A small amount of information has been withheld (redacted) in accordance
with Section 40(2) of the Freedom of Information Act 2000. Section 40(2)
provides an absolute exemption for personal data which then falls to be
dealt with under the Data Protection Act.  Personal data of third parties
can only be disclosed in accordance with the data protection principles. 
In particular, the first data protection principle requires that
disclosure must be fair and lawful and must comply with one of the
conditions in Schedule 2 of the Data Protection Act.  We do not think that
it is fair to release the names of junior members of staff or third
parties and do not think that any of the relevant conditions apply.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to [BIS request email].

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

Stephen Rhodes | Assistant Director, Cyber Security and Digital
Communications Equipment Sector| Information Economy Unit| Shareholder
Executive| Department for Business, Innovation and Skills | 1 Victoria
Street, LONDON SW1H 0ET| stephen[1].[email address]|
[2]www.bis.gov.uk

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy.

BIS: working together for growth

<<FOI 12 1248.pdf>>

---------
The Business in You campaign highlights support for start-ups and growing
businesses, and encourages entrepreneurial spirit. For more information
search online for "business in you".

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes
----------

References

Visible links
1. mailto:[email address]
2. http://www.bis.gov.uk/

Dear Department for Business, Innovation and Skills,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Business, Innovation and Skills's handling of my FOI request 'Correspondence between BIS, Professor Garratt and Nominet officials 2008-9'.

Note that a good deal of correspondence was omitted from the FoI reply, but is already public domain since 11 September - can there be any justification in refusing to release such information?
See Rosenbaum, M. (2012) http://www.bbc.co.uk/news/uk-politics-19...
I also note that the Information Commissioner has made plain that civil servants cannot exclude relevant communications from FoI requests by use of private emails, a point which I made in my initial request: ICO (2011) http://www.ico.gov.uk/news/latest_news/2...
Furthermore, under the Digital Economy Act 2010 ss.19-21, Nominet has clearly become a co-regulatory body performing public functions, is judicially reviewable and therefore its correspondence with government (at the very least) should also be subject to FoI requests.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...

Yours faithfully,
Professor Chris Marsden

FOI Requests, Department for Business, Innovation and Skills

BIS ref: IR/12/1248

 
Dear Professor Chris Marsden,

Thank you for your request for an internal review which was received on 20
September 2012. Your request has been passed on to the appropriate
official at the Department for Business, Innovation and Skills to deal
with.

In line with the Information Commissioner's guidance, internal reviews
should be responded to within 20 working days unless they are complex, in
which case a response should be sent within 40 working days. Please be
aware that this does not include weekends and bank holidays. The
Department aims to respond to requests for internal reviews as quickly as
possible.  We hope to be in contact with you again shortly with a decision
on your request.

If you have any queries about this email, please contact the information
rights unit at BIS. Please remember to quote the reference number above in
any future communications.

Kind regards,
Information Rights Unit

Security and Information Rights Unit | Department for Business, Innovation
& Skills  | Victoria 3, 5th Floor, 1 Victoria Street, London, SW1H OET|
[1]www.bis.gov.uk

The Department for Business, Innovation and Skills (BIS) is making a
difference by supporting sustained growth and higher skills across the
economy. BIS: working together for growth 

show quoted sections

Williams Stephanie (ED), Department for Business, Innovation and Skills

2 Attachments

<<FOI Response.doc>>    <<nominetdhtalkfinal.doc>>

Stephanie Williams
PA to Rena Lalgie/ Ken McCallum

[email address]

---------
The Business in You campaign highlights support for start-ups and growing
businesses, and encourages entrepreneurial spirit. For more information
search online for "business in you".

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes
----------

Williams Stephanie (ED), Department for Business, Innovation and Skills

Williams Stephanie (ED) would like to recall the message, "Internal Review
of FoI case 12/1248".

---------
The Business in You campaign highlights support for start-ups and growing
businesses, and encourages entrepreneurial spirit. For more information
search online for "business in you".

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes
----------

Williams Stephanie (ED), Department for Business, Innovation and Skills

2 Attachments

Apologies,

Please see new version as there was a minor error.

Kind regards

<<FOI Response.doc>> <<nominetdhtalkfinal.doc>>
Stephanie Williams
PA to Rena Lalgie/ Ken McCallum

[email address]

---------
The Business in You campaign highlights support for start-ups and growing
businesses, and encourages entrepreneurial spirit. For more information
search online for "business in you".

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes
----------

Dr Chris Marsden left an annotation ()

Appeal to Information Commissioner is ongoing - some more concrete information expected in autumn 2013

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