Covert Surveillance -Members of Public
Dear Hammersmith & Fulham Borough Council,
How many staff in the council have been granted permission to use
covert surveillance on members of the public since 2005 please?
(The OSC advised me to make this request to individual councils)
Yours sincerely,
Liz R
Dear Ms R,
REF: 2010/COR0084 FREEDOM OF INFORMATION- INFORMATION REQUEST
I acknowledge your request received on 4 February 2010
Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.
If appropriate, the information may be provided in paper copy, normal font size, or electronically. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.
For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.
If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.
With regard to point 4 of your request, we are not in a position to offset fines against the cost of Freedom of Information requests. In accordance with Section 12 of the Freedom of Information Act, a public authority is not obliged to comply with a request for information if the process of compliance would exceed the appropriate limit - as set by the Freedom of Information and Data Protection (Appropriate Limit and Fees Charges) Regulations 2004 this is 18 hours or £450. However, we are obliged to comply with a request if it does not exceed this limit. It is not council policy to charge for Freedom of Information Requests at any stage.
If you have any queries do not hesitate to contact me.
Further information is available from the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, Telephone: 01625 545 700, http://www.ico.gov.uk
Yours sincerely
Jon Hill
Senior Information Management Officer
London Borough of Hammersmith & Fulham
Information Management Team/Finance & Corporate Services
2nd Floor, Hammersmith Town Hall Extension
King Street
London W6 9JU
DL: 020 8753 5865
Director of Finance & Corporate Services: Jane West
Dear Ms R
Re: FOI Request 2010/COR0084
Unfortunately we cannot identify the information you have requested from the details you have provided. To help me meet your request could you please provide more detail, so that I can process your request. If you are unable to refine your request it may result in it being refused because it would take too long to find the information.
If I do not hear from you within 3 calendar months I will consider your request withdrawn and no further action will be taken. If you have any queries do not hesitate to contact me.
Further information is available from the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, Telephone: 01625 545 700, http://www.ico.gov.uk<http://www.ico.gov.uk/>.
Kind regards.
Doreen Thomas
FCS Complaints Officer
Hammersmith & Fulham Council
Hammersmith Town Hall
King Street
London W6 9JU
Tel: 020 8753 2101
Fax: 020 8753 1070
Email: [email address] | [email address]
Dear Thomas Doreen,
Thank you but I don't understand what needs defining? Please send and example of a definition you require?
Yours sincerely,
Liz R
Dear Ms R
Re: FOI Request 2010/COR0084
Please clarify, for example,
(a) Are you asking how many RIPA applications have been made since 2005?
(b) Are you asking how many members of staff made applications?
I look forward to hearing from you.
Kind regards.
Doreen Thomas
FCS Complaints Officer
Hammersmith & Fulham Council
Hammersmith Town Hall
King Street
London W6 9JU
Tel: 020 8753 2101
Fax: 020 8753 1070
Email: [email address] | [email address]
Dear Thomas Doreen,
Thank you, you asked;
a) Are you asking how many RIPA applications have been made since 2005?
(b) Are you asking how many members of staff made applications?
The short answer is I'd like both, but if funding prevents both being answered at this time, I'd be OK with having the RIPA question answered in isolation, at least for the time being?
I hope this helps and has clarified.
Yours sincerely,
Liz R
Dear Ms R,
REF: 2010/COR0084 FREEDOM OF INFORMATION- INFORMATION REQUEST
Your request for information has now been considered and our response is as follows:
How many staff in the council have been granted permission to use covert surveillance on members of the public since 2005
Since 2005 there have been 60 RIPA applications for covert surveillance. These applications were made by 10 officers of the Council.
If you are dissatisfied in any way you may write to the Information Manager, Business Technology, 2nd Floor, Hammersmith Town Hall Extension, London W6 9JU
Once you have exhausted the complaints procedure you may appeal to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, Telephone: 01625 545 700, http://www.ico.gov.uk<http://www.ico.gov.uk/>
Yours sincerely,
Jon Hill
Senior Information Management Officer
Information Management Team Jon Hill
Senior Information Management Officer
London Borough of Hammersmith & Fulham
Information Management Team/Finance & Corporate Services
2nd Floor, Hammersmith Town Hall Extension
King Street
London W6 9JU
DL: 020 8753 5865
Director of Finance & Corporate Services: Jane West
Dear FOIRequests,
Thank you for this helpful information, may I request which 10 officers applied and or from which departments please?
Yours sincerely,
Liz R
Dear Ms R
REF: 2010/COR0165 FREEDOM OF INFORMATION- INFORMATION REQUEST
I acknowledge your request received on 02 March 2010
Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.
If appropriate, the information may be provided in paper copy, normal font size, or electronically. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.
For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.
If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.
There may a fee payable for this information. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.
If you have any queries do not hesitate to contact me.
Further information is available from the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, Telephone: 01625 545 700, http://www.ico.gov.uk
Yours sincerely
Alison Ross-Dow
Senior Information Management Officer
London Borough of Hammersmith & Fulham
Information Management Team/Finance & Corporate Services
2nd Floor, Hammersmith Town Hall Extension
King Street
London W6 9JU
DL: 020 8753 2455
Director of Finance & Corporate Services: Jane West
Dear FOIRequests,
By law, Hammersmith & Fulham Borough Council should normally have responded promptly and by 4 March 2010
Yours sincerely,
Liz R
Dear Liz
This request 2010/COR0165 was received on 2 March and is not due until 30 March 2010.
Regards
Alison Ross-Dow
Senior Information Management Officer
London Borough of Hammersmith & Fulham
Information Management Team/Finance & Corporate Services
2nd Floor, Hammersmith Town Hall Extension
King Street
London W6 9JU
DL: 020 8753 2455
Director of Finance & Corporate Services: Jane West
Dear Ms R
REF: 2010/COR0165 FREEDOM OF INFORMATION- INFORMATION REQUEST
Your request for information has now been considered and our response is as follows:
Which 10 officers applied and or from which departments please?
1 Anti Social Behaviour Co-Coordinator - Residents Services
2 Operations Manager Pollution Control - Environment Services
3 Investigation Officer (Corporate Anti Fraud) - Finance and Corporate Services
4 Inspector Parks Constabulary - Residents Services
5 Housing Officer - H&F Homes
6 Licensing Officer - Environment Services
7 Trading Standards Officer - Environment Services
8 Officer Anti Social Behaviour unit - Residents Services
9 Estate Warden Manager - Residents Services
10 Head of Parking Service - Environment Services
If you are dissatisfied in any way you may write to the Information Manager, Business Technology, 2nd Floor, Hammersmith Town Hall Extension, London W6 9JU
Once you have exhausted the complaints procedure you may appeal to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, Telephone: 01625 545 700, http://www.ico.gov.uk
Yours sincerely
Alison Ross-Dow
Senior Information Management Officer
London Borough of Hammersmith & Fulham
Information Management Team/Finance & Corporate Services
2nd Floor, Hammersmith Town Hall Extension
King Street
London W6 9JU
DL: 020 8753 2455
Director of Finance & Corporate Services: Jane West
Dear FOI Requests,
Thank you for this, was the H & F Homes employee, a council employee or employed independently? I;m concerned someone not completely government has had access to data that perhaps could be construed as illegal
Yours sincerely,
Liz R
Dear FOI Requests,
Further to my call you said 'I know we're doing it right but I'm not sure how. I'll pass it to our legal Dept'
So here I am asking you to please clarify who the 'they' are in your sentence 'They were directly employed by H&F Homes' - who are 'they' and are they government or private sector employees or private sector employees subsidised by the council? Thanks in advance!
Yours sincerely,
Liz R
Dear Ms R
REF: 2010/COR0165 FREEDOM OF INFORMATION- INFORMATION REQUEST
Following our recent response to your request and your subsequent follow up enquiry I am pleased to able to provide the further information you require. Having spoken with our Legal Department they have confirmed that H&F Homes is an Arms Length Management Company which manages the Council's housing stock. H&F Homes is a Company limited by guarantee and so is a legal entity. There is a Management Agreement that defines the relationship between H&F Homes and the Council.
There is a section in the Agreement that relates to Data Protection which I reproduce here,
"Both parties shall comply with their obligations under the DPA 1998 (including where appropriated obtaining registration hereunder) and the Freedom of Information Act 2000 and the Computer Misuse Act 1990 insofar as the performance of the Services and other requirements of this contract give rise to obligations under the Act.........
.....
Both parties shall provide each other with all such assistance as they , reasonably require to enable the parties to comply with their obligations under the DPA 1998 and the Freedom of Information Act 2000
Neither party shall knowingly do anything which places the other in breach of obligations under the DPA Act 1998.
Both parties shall at all times comply with the requirements of the Regulation of the Investigatory Powers Act 2000".
The Housing Officer who requested the surveillance was employed by H&F homes but the surveillance was authorised by an officer of the Council. This RIPA application by H&F Homes would not result in inappropriate access to personal data. The organisation has responsibilities under the DPA and to the Council under the Management Agreement. You may also be interested to know that in this case the surveillance never went ahead because the CCTV equipment was unavailable.
I hope this answers your question.
If you are dissatisfied in any way you may write to the Information Manager, Business Technology, 2nd Floor, Hammersmith Town Hall Extension, London W6 9JU
Once you have exhausted the complaints procedure you may appeal to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, Telephone: 01625 545 700, http://www.ico.gov.uk
Yours sincerely
Alison Ross-Dow
Senior Information Management Officer
London Borough of Hammersmith & Fulham
Information Management Team/Finance & Corporate Services
2nd Floor, Hammersmith Town Hall Extension
King Street
London W6 9JU
DL: 020 8753 2455
Director of Finance & Corporate Services: Jane West
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