Details of action taken against 3UK/Shine

The request was partially successful.

The following request asked for details from you regarding correspondence in relation to trials of the systems provided by Shine on 3UK's own network:

https://www.whatdotheyknow.com/request/u...

Your response indicates that you have issues with consent since the vague nature of the terms and conditions make it unclear what personal data is being processed or for what precise reason it is being processed.

Please provide me with the following information:

- Whether consent was deemed to be adequate despite the aforementioned failure to properly specify what was happening.
- If consent was not deemed to be adequate:
--- details of any action taken against Three for the trial of Shine. If no action taken then details as to why none was taken.
--- details of any action taken against Shine for the trial of their systems by Three. If no action taken then details as to why none was taken.
- If consent was deemed to be adequate, the reasoning behind that decision.

Regards,

P Seurre

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
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The Information Commissioner’s Office

 

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
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Contact us: 0303 123 1113, www.ico.org.uk, livechat and twitter @ICOnews

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Information Commissioner's Office

1 Attachment

1st September 2016

 

Case Reference Number IRQ0640509

 

Dear Mr Seurre

Thank you for your correspondence of 3 August 2016 in which you made a
request for information to the Information Commissioner’s Office (ICO).
 
Your request was handled in line with your rights under s 1 of the Freedom
of Information Act (FOIA) and our response is below.
 
Request
 
“The following request asked for details from you regarding correspondence
in relation to trials of the systems provided by Shine on 3UK's own
network:
 
https://www.whatdotheyknow.com/request/u...
 
Your response indicates that you have issues with consent since the vague
nature of the terms and conditions make it unclear what personal data is
being processed or for what precise reason it is being processed.
 
Please provide me with the following information:
 
- Whether consent was deemed to be adequate despite the aforementioned
failure to properly specify what was happening.
- If consent was not deemed to be adequate:
--- details of any action taken against Three for the trial of Shine. If
no action taken then details as to why none was taken.
--- details of any action taken against Shine for the trial of their
systems by Three. If no action taken then details as to why none was
taken.
- If consent was deemed to be adequate, the reasoning behind that
decision.”
 
Response
 
We confirm that we do not hold information on whether consent sought by 3
UK as part of trialling the ad blocking systems provided by Shine was
deemed to be adequate, therefore no information is also held on the
reasoning behind adequacy. For clarity, our Strategic Liaison department
did not make a determination on the adequacy of the consent wording used
by 3 UK.  On the basis of the limited information available about the
trial, they provided advice and guidance to 3 UK with a view to furthering
our understanding of the trial and any potential data protection
compliance issues arising from it. We have however continued our
engagement with 3 UK on this issue, please find attached 2 emails sent to
them since your last request and our subsequent disclosure regarding the
trial.

We have only withheld personal data from the attached in line with
 s 40 (2) by virtue of s 40 (3) (a) (i) exemption of the FOIA which is the
exemption concerning personal information. The redacted information is
personal data of a third party. To disclose this personal data would
breach principle 1 of the Data Protection Act which requires personal data
to be processed fairly and lawfully.
 
 
 
We confirm that we have not taken action against 3 or Shine for the trial
of the ad blocking systems provided by Shine. We also do not hold
information on why action was not taken.
 
I hope our response is of assistance
 
Yours sincerely
 
Iman Elmehdawy
Information Access Service Manager
 
Next steps
 
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 the Information Access team
at the address below or e-mail [1][ICO request email].

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.
 
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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 visit
the ‘Concerns’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
A copy of our review procedure is available [2]here
 
 
 

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References

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