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Decision regarding FOI cost exemption limit

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Dear Wandsworth Borough Council,

On the 18th March 2019 I was advised that the council had decided to not respond to my queries, as detailed here: https://www.whatdotheyknow.com/request/b...

Please share the internal correspondence (emails/letters) which relates to this decision being reached. For ease only correspondence falling on or between the 15th December 2018 to the 18th March 2019 is needed.

Yours faithfully,

Jon Irwin

Official

 

Dear Mr Irwin,

 

Colleagues have passed onto this office your recent request for access to
the personal data the council processes about you.  In order for us to
process your request further we require additional information from you,
the details of which can be found here

 

[1]http://www.wandsworth.gov.uk/info/200321...

 

Further, in order for us to process your request we would ask that you be
as specific as you can be as a request which is not so may be refused on
the grounds that it be manifestly excessive which means we feel it would
take too much resource to fulfil your request.

 

Kinds regards

 

Pauline Adekoya

Information Governance Officer

Serving Richmond and Wandsworth Councils

[2][email address]

0208 4875192 (extn: 25192)

 

[3]www.richmond.gov.uk   /   [4]www.wandsworth.gov.uk

 

 

From: Jon Irwin <[5][FOI #601553 email]>
Sent: 04 September 2019 15:20
To: FOI WBC <[6][email address]>
Subject: Freedom of Information request - Decision regarding FOI cost
exemption limit

 

Dear Wandsworth Borough Council,

On the 18th March 2019 I was advised that the council had decided to not
respond to my queries, as detailed here:
[7]https://www.whatdotheyknow.com/request/b...

Please share the internal correspondence (emails/letters) which relates to
this decision being reached. For ease only correspondence falling on or
between the 15th December 2018 to the 18th March 2019 is needed.

Yours faithfully,

Jon Irwin

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[8][FOI #601553 email]

Is [9][Wandsworth Council request email] the wrong address for Freedom of Information
requests to Wandsworth Borough Council? If so, please contact us using
this form:
[10]https://www.whatdotheyknow.com/change_re...

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the internet. Our privacy and copyright policies:
[11]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[12]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
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IMPORTANT:
This email and any of its attachments are intended solely for the use of
the individual or entity to whom they are addressed. If you have received
this message in error you must not print, copy, use or disclose the
contents to anyone. Please also delete it from your system and inform the
sender of the error immediately. Emails sent and received by Richmond and
Wandsworth Councils are monitored and may be subsequently disclosed to
authorised third parties, in accordance with relevant legislation.

References

Visible links
1. http://www.wandsworth.gov.uk/info/200321...
2. mailto:[email address]
3. http://www.richmond.gov.uk/
4. http://www.wandsworth.gov.uk/
5. mailto:[FOI #601553 email]
6. mailto:[email address]
7. https://www.whatdotheyknow.com/request/b...
8. mailto:[FOI #601553 email]
9. mailto:[Wandsworth Council request email]
10. https://www.whatdotheyknow.com/change_re...
11. https://www.whatdotheyknow.com/help/offi...
12. https://www.whatdotheyknow.com/help/ico-...

Dear SARW,

There may be a misunderstanding.

My request under FOI is to understand the decision making process that was followed resulting in the decision being taken to refuse to respond to the other FOI requests I had made.

Perhaps in order to make it easier for colleagues, they could release the email/letter where the decision was reached and the previous emails/letters in March 2019 which led up to that decision.

The wider issue is about how the council can be held to account under FOI or not as the case may be.

Yours sincerely,

Jon Irwin

 
 
 
Dear Requester
 
We acknowledge receipt of your request and provide further advice relating
to the type of request submitted:-
 
If you made a Right of access request (Subject Access Request)
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
Under your right of access (Article 15 of the General Data Protection
Regulation 2018 and Section 45 of the Data Protection Act 2018)
individuals have a right to:-
•           Receive confirmation from the Council that we are processing
your personal data
•           A copy of your personal data and
•           Supplementary information which can be found on the Council’s
Privacy Notice at
 
[1]https://www.wandsworth.gov.uk/info/20031...
 
This outlines, for your information and action, the purpose of our
processing, the categories of personal data concerned, who we share your
information with, how long we keep your information for, details about
your other rights as a data subject, how to make a complaint and the
Council’s use of automated decision making (including profiling).
 
There are circumstances where we can refuse to comply with a request or
where there are other exemptions from the right of access. If we refuse to
comply with your request, we will inform you without due delay and within
one month of receipt of your validated request.
 
If you made a Right to rectification request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to erasure (“right to be forgotten”) request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to restriction of processing request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to data portability request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to object request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
Please note that should your request to exercise your data subject rights,
as outlined above, involve more than one service area within the Council
you may receive responses from the individual service areas
independently.[BOLD & ITALIC]
 
We will commence the processing of your request and unless we require
further validation or clarification you can expect a response within the
timeframes specified.  If however you need to contact us about your
request please do so using the service area specific contact below:-
 
[2]Adults and Childrens:
[email address]
 
 
[3]Council tax/Electoral services/Housing benefits/Parking:
[email address]
 
[4]Electoral Services:
https://www.wandsworth.gov.uk/info/20032...
 
[5]Environment & Community Services:
[email address]
 
[6]Housing and Regeneration: [email address]
 
[7]Human Resources: [email address]
 
Your faithfully
Information Governance Team
Wandsworth Council
 
 

IMPORTANT:
This email and any of its attachments are intended solely for the use of
the individual or entity to whom they are addressed. If you have received
this message in error you must not print, copy, use or disclose the
contents to anyone. Please also delete it from your system and inform the
sender of the error immediately. Emails sent and received by Richmond and
Wandsworth Councils are monitored and may be subsequently disclosed to
authorised third parties, in accordance with relevant legislation.

References

Visible links
1. https://www.wandsworth.gov.uk/info/20031...
2. file:///tmp/Adults%20and%20Childrens:%[email address]%20
3. file:///tmp/Council%20tax/Electoral%20services/Housing%20benefits/Parking:%[email address]%20
4. file:///tmp/Electoral%20Services:%20https:/www.wandsworth.gov.uk/info/200326/elections_voting_and_registration/82/contact_electoral_services%20
5. file:///tmp/Environment%20&%20Community%20Services:%[email address]%20
6. file:///tmp/Housing%20and%20Regeneration:%[email address]%20
7. file:///tmp/Human%20Resources:%[email address]%20

Official

Dear Jon

 

As you mention that the wider issue at hand is to ensure that the Council
has acted appropriately under FOI, I would reiterate your rights of appeal
under the Act.  These can be found at the end of the Council’s response to
your request.

 

Prior to deciding whether or not to request an internal review of the
Council’s decision, you may wish to review the ICO’s guidance on the
aggregation of FOI applications for the purposes of costs calculations. 
This can be found at pg 12 of this document:
[1]https://ico.org.uk/media/for-organisatio....

 

With respect to your specific request to obtain copies of correspondence
relating to your requests, the appropriate channel to do so would be a
Subject Access Request under the GDPR, as the correspondence would be
about you individually.  Information on the reason for this can be found
at pg 10, here:
[2]https://ico.org.uk/media/for-organisatio....

 

Please advise how you would like to proceed.

 

I’d be happy to discuss if you would like to provide contact details.  I
would just flag – and I’m sure you are aware of this – that providing them
by replying to this note would make them  public on the wdtk site.

 

Kind regards

Adam

 

From: Jon Irwin <[3][FOI #601553 email]>
Sent: 05 September 2019 17:47
To: SARW <[4][email address]>
Subject: Re: FW: Freedom of Information request - Decision regarding FOI
cost exemption limit - Jon Irwin - SAR

 

Dear SARW,

There may be a misunderstanding.

My request under FOI is to understand the decision making process that was
followed resulting in the decision being taken to refuse to respond to the
other FOI requests I had made.

Perhaps in order to make it easier for colleagues, they could release the
email/letter where the decision was reached and the previous
emails/letters in March 2019 which led up to that decision.

The wider issue is about how the council can be held to account under FOI
or not as the case may be.

Yours sincerely,

Jon Irwin

show quoted sections

Dear FOI WBC / SAR / Adam,

Thank you for your reply. I understand that in responding to this request the details sought will be placed in the public domain via wdtk.

Please proceed with the request either via the SAR or FOI team.

Yours sincerely,

Jon Irwin

Official

Dear Jon

 

Just to clarify, do you mean proceed with an internal review of the FOI
response?  If so, I will make the arrangements straight away.

 

Should you wish to pursue a SAR, please liaise with the SAR Team (on
copy).

 

Kind regards

Adam

 

From: Jon Irwin <[FOI #601553 email]>
Sent: 10 September 2019 17:26
To: FOI WBC <[email address]>
Subject: RE: FW: Freedom of Information request - Decision regarding FOI
cost exemption limit - Jon Irwin - SAR

 

Dear FOI WBC / SAR / Adam,

Thank you for your reply. I understand that in responding to this request
the details sought will be placed in the public domain via wdtk.

Please proceed with the request either via the SAR or FOI team.

Yours sincerely,

Jon Irwin

show quoted sections

Dear SARW,

Adam in the FOI team has advised me that I should direct this request to you.

In order to make the request as tight as possible please could you release the following information:
The email(s)/letter(s) where the decision was reached and the previous emails/letters in March 2019 which led up to the decision that I would be banned from asking further FOI queries on the 18th March 2019.

Yours sincerely,

Jon Irwin

 
 
 
Dear Requester
 
We acknowledge receipt of your request and provide further advice relating
to the type of request submitted:-
 
If you made a Right of access request (Subject Access Request)
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
Under your right of access (Article 15 of the General Data Protection
Regulation 2018 and Section 45 of the Data Protection Act 2018)
individuals have a right to:-
•           Receive confirmation from the Council that we are processing
your personal data
•           A copy of your personal data and
•           Supplementary information which can be found on the Council’s
Privacy Notice at
 
[1]https://www.wandsworth.gov.uk/info/20031...
 
This outlines, for your information and action, the purpose of our
processing, the categories of personal data concerned, who we share your
information with, how long we keep your information for, details about
your other rights as a data subject, how to make a complaint and the
Council’s use of automated decision making (including profiling).
 
There are circumstances where we can refuse to comply with a request or
where there are other exemptions from the right of access. If we refuse to
comply with your request, we will inform you without due delay and within
one month of receipt of your validated request.
 
If you made a Right to rectification request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to erasure (“right to be forgotten”) request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to restriction of processing request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to data portability request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
If you made a Right to object request
 
We aim to process your request without undue delay and at the very latest
within one calendar month from the day after receipt of your request.
 
Should we require clarification of your request or should the
identification you have provided not be adequate, the one calendar month
period will begin once we are satisfied of the above.
 
We may extend this time by a further two months if we consider your
request to be complex or have received a number of requests from you.  We
will let you know within one month of receiving your request if an
extension is required and explain why.
 
Please note that should your request to exercise your data subject rights,
as outlined above, involve more than one service area within the Council
you may receive responses from the individual service areas
independently.[BOLD & ITALIC]
 
We will commence the processing of your request and unless we require
further validation or clarification you can expect a response within the
timeframes specified.  If however you need to contact us about your
request please do so using the service area specific contact below:-
 
[2]Adults and Childrens:
[email address]
 
 
[3]Council tax/Electoral services/Housing benefits/Parking:
[email address]
 
[4]Electoral Services:
https://www.wandsworth.gov.uk/info/20032...
 
[5]Environment & Community Services:
[email address]
 
[6]Housing and Regeneration: [email address]
 
[7]Human Resources: [email address]
 
Your faithfully
Information Governance Team
Wandsworth Council
 
 

IMPORTANT:
This email and any of its attachments are intended solely for the use of
the individual or entity to whom they are addressed. If you have received
this message in error you must not print, copy, use or disclose the
contents to anyone. Please also delete it from your system and inform the
sender of the error immediately. Emails sent and received by Richmond and
Wandsworth Councils are monitored and may be subsequently disclosed to
authorised third parties, in accordance with relevant legislation.

References

Visible links
1. https://www.wandsworth.gov.uk/info/20031...
2. file:///tmp/Adults%20and%20Childrens:%[email address]%20
3. file:///tmp/Council%20tax/Electoral%20services/Housing%20benefits/Parking:%[email address]%20
4. file:///tmp/Electoral%20Services:%20https:/www.wandsworth.gov.uk/info/200326/elections_voting_and_registration/82/contact_electoral_services%20
5. file:///tmp/Environment%20&%20Community%20Services:%[email address]%20
6. file:///tmp/Housing%20and%20Regeneration:%[email address]%20
7. file:///tmp/Human%20Resources:%[email address]%20

Dear FOI WBC (Adam),

I have sent a request through to the SARW team. Thank you for your assistance.

Yours sincerely,

Jon Irwin

Official

Dear Mr Irwin,

 

Thank you for your email.

 

Further to the email sent to you on 05/09/19, requesting identification
details still is required before processing commences, see link below:

 

[1]http://www.wandsworth.gov.uk/info/200316...

 

Once we have received and verified these documents, we will endeavour to
respond within one calendar month begin.

 

We look forward to your reply.

 

Kinds regards

 

Pauline Adekoya

Information Governance Officer

Serving Richmond and Wandsworth Councils

[2][email address]

0208 4875192 (extn: 25192)

 

[3]www.richmond.gov.uk   /   [4]www.wandsworth.gov.uk

 

 

From: Jon Irwin <[FOI #601553 email]>
Sent: 13 September 2019 13:32
To: SARW <[email address]>
Subject: Re: FW: Freedom of Information request - Decision regarding FOI
cost exemption limit - Jon Irwin - SAR

 

Dear SARW,

Adam in the FOI team has advised me that I should direct this request to
you.

In order to make the request as tight as possible please could you release
the following information:
The email(s)/letter(s) where the decision was reached and the previous
emails/letters in March 2019 which led up to the decision that I would be
banned from asking further FOI queries on the 18th March 2019.

Yours sincerely,

Jon Irwin

show quoted sections

Adekoya, Pauline,

Official

 

Dear Mr Irwin,

 

In regards to the email sent earlier which includes the link to the online
form.  In error I provided the wrong link.

 

Please see the correct link below:

 

[1]http://www.wandsworth.gov.uk/info/200321...

 

 

Kinds regards

 

Pauline Adekoya

Information Governance Officer

Serving Richmond and Wandsworth Councils

[2][email address]

0208 4875192 (extn: 25192)

 

[3]www.richmond.gov.uk   /   [4]www.wandsworth.gov.uk

 

 

From: SARW
Sent: 13 September 2019 14:13
To: 'Jon Irwin' <[FOI #601553 email]>; SARW
<[email address]>
Subject: RE: FW: Freedom of Information request - Decision regarding FOI
cost exemption limit - Jon Irwin - SAR

 

Official

 

Dear Mr Irwin,

 

Thank you for your email.

 

Further to the email sent to you on 05/09/19, requesting identification
details still is required before processing commences, see link below:

 

[5]http://www.wandsworth.gov.uk/info/200316...

 

Once we have received and verified these documents, we will endeavour to
respond within one calendar month begin.

 

We look forward to your reply.

 

Kinds regards

 

Pauline Adekoya

Information Governance Officer

Serving Richmond and Wandsworth Councils

[6][email address]

0208 4875192 (extn: 25192)

 

[7]www.richmond.gov.uk   /   [8]www.wandsworth.gov.uk

 

 

From: Jon Irwin <[9][FOI #601553 email]>
Sent: 13 September 2019 13:32
To: SARW <[10][email address]>
Subject: Re: FW: Freedom of Information request - Decision regarding FOI
cost exemption limit - Jon Irwin - SAR

 

Dear SARW,

Adam in the FOI team has advised me that I should direct this request to
you.

In order to make the request as tight as possible please could you release
the following information:
The email(s)/letter(s) where the decision was reached and the previous
emails/letters in March 2019 which led up to the decision that I would be
banned from asking further FOI queries on the 18th March 2019.

Yours sincerely,

Jon Irwin

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Jon Irwin please sign in and let everyone know.