Discussions and documents around "Journalistic context" and "journalistic exemption"
Joy Martin made this Freedom of Information request to Information Commissioner's Office This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Information Commissioner's Office,
Please provide copies of all documents that you hold and which case officers refer to when considering whether complaints against Google and Bing for declining Right to be Forgotten applications, benefit from "journalistic exemption" or are published in a "journalistic context"
I am particularly interest to understand internal discussions and reference materials used within the team of ICO caseworkers which help them to decide what published material is "journalistic" and what isnt.
If it helps I have numerous documented ICO cases where decisions on these bases are conflicting and not congruent.
Yours faithfully,
Joy Martin
Submissions Manager,
Internet Erasure Ltd
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
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit:
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If you have raised a new information rights concern - we aim to send you
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If you have requested advice - we aim to respond within 14 days.
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Yours sincerely
The Information Commissioner’s Office
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15 May 2024
Our reference: IC-306731-F1V0
Dear J Martin,
Thank you for your recent request for information. We received your
request on 15 May 2024. Your request will be allocated to an Information
Access Officer who will contact you under the reference number above in
due course.
Under statutory timeframes our response to your request is due by 13 June
2024. If you have any queries about this information request you may email
us, quoting our reference number in the subject line.
Please note that Information Access Officers are only able to address
information requests to ICO; they are unable to assist with complaints to
ICO, or to provide general advice about the legislation we oversee, as
this work is done by other ICO departments.
Our privacy notice explains what we do with the personal data you provide
to us when you make an information request:
https://ico.org.uk/global/privacy-notice...
Thank you for your interest in the work of the Information Commissioner's
Office.
Yours sincerely
Information Access Team
Information Commissioner’s Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0303 123 1113 [1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email
Please be aware we are often asked for copies of the correspondence we
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13 June 2024
Case Reference: IC-306731-F1V0
Dear J Martin
Please find attached our response to your request.
Yours sincerely,
Craig Ineson
Senior Information Access Officer
Information Commissioner's Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
[1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email.
For information about what we do with personal data see our privacy notice
at [3]www.ico.org.uk/privacy-notice.
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Dear Information Commissioner's Office,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Information Commissioner's Office's handling of my FOI request 'Discussions and documents around "Journalistic context" and "journalistic exemption"'.
I am surprised and disappointed in the unfair treatment of my FOI request.
Considering Google's own transparency report which confirms that there is a vast and growing public interest in all aspects of GDPR Article 17 requests.
Having acted in more than 800 cases, it is entirely reasonable to expect the regulator to display congruence in similar cases and to have and to continue developing consistent procedures.
It is entirely inappropriate for the regulator to "gatekeep" any information which could be made available as a matter of public record, to inform the public today, tomorrow or next year.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
Joy Martin
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
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit:
[1]https://ico.org.uk/about-the-ico/our-inf...
If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.
If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.
If you have requested advice - we aim to respond within 14 days.
If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.
Copied correspondence - we do not respond to correspondence that has been
copied to us.
For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.
For information about what we do with personal data see our [2]privacy
notice.
If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.
Yours sincerely
The Information Commissioner’s Office
Our newsletter
Details of how to sign up for our monthly e-newsletter can be found
[3]here.
Find us on Twitter [4]here.
References
Visible links
1. https://ico.org.uk/about-the-ico/our-inf...
2. https://ico.org.uk/global/privacy-notice/
3. https://ico.org.uk/about-the-ico/news-an...
4. http://www.twitter.com/ICOnews
18 June 2024
Our reference: IC-306731-F1V0
Dear J Martin,
We have received your request for an internal review. You can expect us to
respond in full by 11 July 2024. This is 20 working days from the date we
received your request for internal review. If, for any reason, we cannot
respond by this date we will let you know and tell you when you can expect
a response.
If you have any questions please contact us using the case reference
number above.
Yours sincerely,
Information Access Team
Information Commissioner’s Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
[1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email
Please be aware we are often asked for copies of the correspondence we
exchange with third parties. We are subject to all of the laws we deal
with, including the data protection laws and the Freedom of Information
Act 2000. You can read about these on our website ([3]www.ico.org.uk).
Please say whether you consider any of the information you send us is
confidential. You should also say why. We will withhold information where
there is a good reason to do so.
For information about what we do with personal data see our privacy notice
at [4]www.ico.org.uk/privacy-notice
References
Visible links
1. https://ico.org.uk/
2. https://twitter.com/iconews
3. https://www.ico.org.uk/
4. https://www.ico.org.uk/privacy-notice
25 June 2024
Case Reference: IC-306731-F1V0
Dear J. Martin,
Please find attached our response to your internal review request.
Yours sincerely,
Information Access Team
Information Commissioner’s Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0303 123 1113 [1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email
Please be aware we are often asked for copies of the correspondence we
exchange with third parties. We are subject to all of the laws we deal
with, including the data protection laws and the Freedom of Information
Act 2000. You can read about these on our website ([3]www.ico.org.uk).
Please say whether you consider any of the information you send us is
confidential. You should also say why. We will withhold information where
there is a good reason to do so.
For information about what we do with personal data see our privacy notice
at [4]www.ico.org.uk/privacy-notice
References
Visible links
1. https://ico.org.uk/
2. https://twitter.com/iconews
3. https://www.ico.org.uk/
4. https://www.ico.org.uk/privacy-notice
Dear Information Commissioner's Office,
Please pass this on to the person who conducts Freedom of Information reviews.
I request an internal review because I have never requested information relating to the journalistic exemption before and therefore ask that you provide the arguments or evidence behind your assessment.
All of my other requests are substantially different and I now request an internal review.
A Court of Appeal case stated that a request may not be vexatious if "the information sought would be of value to the requester or to the public or any section of the public".
I request an internal review because this information will be very helpful to the hundreds of thousands of people making Right to be Forgotten applications to search engines, almost all of which could be persived as aiming to delist “journalistic content”. In accordance with the ICO guidance , such information will have
huge public benefit if released.
I request an internal review because ICO guidance states that an FOI service must be 'applicant blind'.
Exemption 14(1) can only be applied to the request itself, and not the individual who submits it.
You must not therefore be considering my personal reasons or ‘agenda’ nor my role as Submissions Manager within Internet Erasure Ltd.
I further remind you that ICO advises that "Public authorities must keep in mind that meeting their underlying commitment to transparency and openness may involve absorbing a certain level of disruption and annoyance"
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
Joy Martin
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
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit:
[1]https://ico.org.uk/about-the-ico/our-inf...
If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.
If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.
If you have requested advice - we aim to respond within 14 days.
If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.
Copied correspondence - we do not respond to correspondence that has been
copied to us.
For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.
For information about what we do with personal data see our [2]privacy
notice.
If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.
Yours sincerely
The Information Commissioner’s Office
Our newsletter
Details of how to sign up for our monthly e-newsletter can be found
[3]here.
Find us on Twitter [4]here.
References
Visible links
1. https://ico.org.uk/about-the-ico/our-inf...
2. https://ico.org.uk/global/privacy-notice/
3. https://ico.org.uk/about-the-ico/news-an...
4. http://www.twitter.com/ICOnews
26 June 2024
Case Reference: IC-306731-F1V0
Dear J. Martin,
Thank you for your email of 25 June 2024. If you are dissatisfied with the
internal review response, the next step is to make a complaint to the ICO
as regulator. You will need to do this by visiting the following link:
[1]https://ico.org.uk/make-a-complaint/foi-...
Please note that the regulator does not deal with FOI complaints via What
Do They Know so you will need to get in touch directly via the above link
to pursue this further.
Yours sincerely,
Information Access Team
Information Commissioner’s Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0303 123 1113 [2]ico.org.uk [3]twitter.com/iconews
Please consider the environment before printing this email
Please be aware we are often asked for copies of the correspondence we
exchange with third parties. We are subject to all of the laws we deal
with, including the data protection laws and the Freedom of Information
Act 2000. You can read about these on our website ([4]www.ico.org.uk).
Please say whether you consider any of the information you send us is
confidential. You should also say why. We will withhold information where
there is a good reason to do so.
For information about what we do with personal data see our privacy notice
at [5]www.ico.org.uk/privacy-notice
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JtOakley (Account suspended) left an annotation ()
What an interesting request - will be interested n the criteria used,