Email restrictions on citizens

Miss Attrill made this Freedom of Information request to Isle of Wight Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Isle of Wight Council,

How many people have had restrictions placed on their emails to the Council in the last 5 years?

Of those how many have had the restrictions continue for over 1 year, how many for over 2 years, how many for over 3 years and how many for over 4 years?

Yours faithfully,

Miss Attrill

Miss Attrill left an annotation ()

Lloyd, Roseanne, Isle of Wight Council

Dear Miss Attrill

 

Re: Information Request CRM Ref. IW13/8/29328

 

Thank you for your information request dated 16 August 2013. 

 

Your request was received by the Isle of Wight Council on 18 August 2013
and is currently being considered.

 

As required by the Freedom of Information Act 2000, the Isle of Wight
Council will respond to you as soon as possible and no later than 20
working days after the receipt of your request.

 

Under the Act, there is a limit for responding to requests where they
exceed the Appropriate Fee Limit as set out in the Freedom of Information
and Data Protection (Appropriate Limit and Fees) Regulation 2004. The fee
limit is set down by the Lord Chancellor and is £450 which equates to a
maximum of 18 hours of search and retrieval time. 

 

Should your request fall into this category, we will notify you as soon as
possible, to discuss any options available to you.

 

If you have any complaints in respect of your information request, please
write to the Corporate Information Unit, County Hall, Newport, Isle of
Wight, PO30 1UD. Or by email to [1][email address], or complete the on-line
appeals form that can be found at [2]www.iwight.com/information. If your
complaint is not resolved to your complete satisfaction, you have the
ultimate right, once you have exhausted the internal appeals process, to
appeal to the Information Commissioner.

 

Yours sincerely

 

Roseanne

Roseanne Lloyd ACMI | Team Leader | Contact Centre
Isle of Wight Council | Shared Services Centre | Newport | Isle of Wight |
PO30 1UD
Telephone: (01983) 821000
Email: [3][email address].uk | Web Site: [4]www.iwight.com   

PThink environment - do you really need to print this email?

Important Information - Disclosure, Confidentiality and Monitoring of this
email

This email communication may be monitored by the Isle of Wight Council for
regulatory, quality control, or crime detection purposes.

If you are not the Intended Recipient please contact the sender as soon as
possible. It is intended only for the personal attention of the named
person, firm or company to whom it is addressed. It may contain
information that is privileged and confidential in law. Accordingly any
unauthorised dissemination, distribution, copying or other use of this
message or any of its content by any other person may constitute a breach
of civil or criminal law and is strictly prohibited. No mistake in
transmission is intended to waive or compromise any such privilege. Any
views expressed in this message are those of the individual sender and may
not necessarily reflect the views of the Isle of Wight Council.

The information contained in this e-mail may be subject to disclosure to
third parties under either the Data Protection Act 1998 or the Freedom of
Information Act 2000 to the extent the law allows and in accordance with
the Isle of Wight Council's policies on information management. (If you
wish the disclosure of the information in any reply to be restricted
please make this clear in your response).

References

Visible links
1. mailto:[email address]
2. http://www.iwight.com/information
3. mailto:[email address]
4. http://www.iwight.com/

Lloyd, Roseanne, Isle of Wight Council

 

Dear Miss Attrill

 

Re: Information Request CRM Ref. IW13/8/29328

 

Thank you for your information request dated 16^th August 2013.

 

We can confirm that the council does not place any “restrictions” on the
receipt of e-mails from citizens. All e-mails sent in from the public
containing appropriate content (i.e. no inappropriate language) are
received by the council’s main server and either automatically forwarded
to the intended recipient or directed at a central point of contact. Those
directed at a central point of contact are read, checked and either filed
or forwarded depending on content and circumstance.

 

Some of the information that we provide in response to Freedom of
Information Act requests may be subject to copyright protection. In most
cases the copyright will be owned by the Isle of Wight Council. The
copyright in other information may be owned by another person or
organization, as indicated on the information itself.

 

You are free to use any information supplied for your own non-commercial,
research, or private study purposes. However, if you intend to use the
information for other reasons, please contact the Corporate Information
Unit for advice.

 

Please contact me again if you require any further assistance on this
matter and I will do my best to provide relevant help and advice.

 

If you have any complaints in respect of your information request, please
write to the Corporate Information Unit at the above address, or complete
the on-line appeals form that can be found at www.iwight.com/information. 
If your complaint is not resolved to your complete satisfaction, you have
the ultimate right, once you have exhausted the internal appeals process,
to appeal to the Information Commissioner.

 

Yours sincerely

 

 

Roseanne

 

 

Roseanne Lloyd ACMI | Team Leader | Contact Centre
Isle of Wight Council | Shared Services Centre | Newport | Isle of Wight |
PO30 1UD
Telephone: (01983) 821000
Email: [1][email address].uk | Web Site: [2]www.iwight.com   

PThink environment - do you really need to print this email?

Important Information - Disclosure, Confidentiality and Monitoring of this
email

This email communication may be monitored by the Isle of Wight Council for
regulatory, quality control, or crime detection purposes.

If you are not the Intended Recipient please contact the sender as soon as
possible. It is intended only for the personal attention of the named
person, firm or company to whom it is addressed. It may contain
information that is privileged and confidential in law. Accordingly any
unauthorised dissemination, distribution, copying or other use of this
message or any of its content by any other person may constitute a breach
of civil or criminal law and is strictly prohibited. No mistake in
transmission is intended to waive or compromise any such privilege. Any
views expressed in this message are those of the individual sender and may
not necessarily reflect the views of the Isle of Wight Council.

The information contained in this e-mail may be subject to disclosure to
third parties under either the Data Protection Act 1998 or the Freedom of
Information Act 2000 to the extent the law allows and in accordance with
the Isle of Wight Council's policies on information management. (If you
wish the disclosure of the information in any reply to be restricted
please make this clear in your response).

References

Visible links
1. mailto:[email address]
2. http://www.iwight.com/

Dear Isle of Wight Council,

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

I am writing to request an internal review of Isle of Wight Council's handling of my FOI request 'Email restrictions on citizens'.

You have stated

"We can confirm that the council does not place any “restrictions” on the receipt of e-mails from citizens"

It is reported that in a letter to the author of the wightdogs.com website that the Council former Chief Exec Steve Beynon stated "I am writing to let you know that your emails will now be restricted to receipt by one officer who will review them on a weekly basis to see whether any new issues have been raised. If not, you will not receive a response to those emails, which will however be kept on file."

As his emails were restricted, and he is a citizen, I consider that to describe this as restrictions is reasonable so please supply the information I have requested rather than wasting your resources attempting to withhold recorded information.

My request was

"How many people have had restrictions placed on their emails to the Council in the last 5 years?

Of those how many have had the restrictions continue for over 1year, how many for over 2 years, how many for over 3 years and howmany for over 4 years?"

The letter in question is available is available on the Internet at this address: http://s686.photobucket.com/user/781237/...

The request linking to that copy of the letter above is available on the Internet at this address:
https://www.whatdotheyknow.com/request/f...

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

Yours faithfully,

Miss Attrill

Freedom of Information, Isle of Wight Council

+------------------------------------------------------------------------+
| Deputy Director of Resources (Corporate Governance) &|
| |
| Monitoring Officer Davina Fiore|
|------------------------------------------------------------------------|
|  |From                  |
| | |
| | Karen Johnson|
| | |
| | Information Access Officer|
| | |
| | Legal Services, Floor 1 |
| | County Hall NEWPORT|
| | |
| | Isle of Wight|
| | |
| | PO30 1UD|
| | |
|------------------------------------------| Tel          (01983) 821000|
|Miss Attrill | |
| | Fax         (01983) 823257|
|Via email at: | |
| | Email:   |
|[FOI #173609 email]| [email address]|
| | |
| | DX          56361 Newport|
| | (Isle of Wight)|
| | |
| | Web:     www.iwight.com|
| | |
| |  |
| | |
| |  |
| | |
| | 21 August 2013|
+------------------------------------------------------------------------+

 

Dear Miss Attrill,

 

Re: Information Request CRM Ref iw13/8/29328 Appeal Ref iw13/8/36102

 

Thank you for your recent email relating to your above referenced request
for information.

 

The council considers any notification of dissatisfaction with respect to
replies given to requests for information, under the Freedom of
Information Act, as a request for an internal review.

 

In accordance with the council’s Access to Information Policy, and in line
with the Code of Practice under Section 45 of the Freedom of Information
Act 2000, the council will undertake an independent internal review of
your request. 

 

The council will endeavour to complete the review and send a full reply
within 20 working days.  

 

On completion of the appeal, if you remain dissatisfied with the way the
council has dealt with the matter, you may appeal to the Information
Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF. www.ico.gov.uk.

 

In the meantime, if I can be of any further assistance to you, please do
not hesitate to contact me.

 

Yours sincerely

 

 

Karen Johnson | Information Access Officer | Corporate Information Unit
|  Legal Services | Isle of Wight Council | County Hall | Newport | Isle
of Wight | PO30 1UD

Tel: (01983) 821000 | Email: [email address] | Web:
www.iwight.com

 

This email may contain personal information.  Please do not forward this
email unless you are satisfied that to do so would not constitute a breach
of the Data Protection Act. If you are unsure please contact the author.

 

As part of our commitment to Eco Island please don't print unless
necessary

 

 

show quoted sections

Mr. Figg left an annotation ()

"We can confirm that the council does not place any “restrictions” on the receipt of e-mails from citizens"

This despite their Habitual or Vexatious Complainants Policy stating:

4. Dealing with Habitual or Vexatious Complainants.......

.......If conduct continues the Head of Service / Strategic Manager will:

a) APPLY RESTRICTIONS (as below) for either 6 or 12 months with a review
possible on the request of the complainant after the stated period has
expired)
b) Require contact is made in a specific form (for example, letter & e-
mails only)
i) Provide the name of single point of contact for correspondence
ii) Inform the complainant that any further correspondence that
does not present significant new matters may not be
acknowledged, but will be kept on file
iii) Decline a response to inappropriate written communication
c) Advise the complainant of any external processes they may choose to
engage (recourse to the LGO or ICO (Information Commissioners
Office) or other statutory body)
d) Take further action as appropriate
e) Liaise with other departments / directorates and NCO’s (Nominated
Complaints Officer) to administer and monitor complainants under the
policy where their complaint covers more than one area or where there
is more than one complaint involved

'APPLY RESTRICTIONS' so what are restrictions if not restrictions?

This council are making a mockery of the FOI Act with this nonsense and needlessly delaying this request.

I have made a request along similar lines, lets see if they try that on with me. https://www.whatdotheyknow.com/request/r...

Freedom of Information, Isle of Wight Council

2 Attachments

Dear Miss Attrill

In response to your Freedom of Information request, please see attached a response to your appeal.

Regards

Karen Johnson | Information Access Officer | Corporate Information Unit |  Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 821000 | Email: [email address] | Web: www.iwight.com

This email may contain personal information.  Please do not forward this email unless you are satisfied that to do so would not constitute a breach of the Data Protection Act. If you are unsure please contact the author.

Important Information - Disclosure, Confidentiality and Monitoring of this email

This email communication may be monitored by the Isle of Wight Council for regulatory, quality control, or crime detection purposes.

If you are not the Intended Recipient please contact the sender as soon as possible. It is intended only for the personal attention of the named person, firm or company to whom it is addressed. It may contain information that is privileged and confidential in law. Accordingly any unauthorised dissemination, distribution, copying or other use of this message or any of its content by any other person may constitute a breach of civil or criminal law and is strictly prohibited. No mistake in transmission is intended to waive or compromise any such privilege. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the Isle of Wight Council.

The information contained in this e-mail may be subject to disclosure to third parties under either the Data Protection Act 1998 or the Freedom of Information Act 2000 to the extent the law allows and in accordance with the Isle of Wight Council's policies on information management. (If you wish the disclosure of the information in any reply to be restricted please make this clear in your response).

Mr. Figg left an annotation ()

In response to your questions Miss Attrill the authority has said:

"How many people have had restrictions placed on their emails to the council in the last 5 years?"

They have answered: 3

They have claimed an exemption under section 40(2) of Part II of the Data Protection Act 1998 from answering:

"How many people with restrictions placed on their emails to the council, have had the restrictions continue for over 1 year,

How many for 2 years

How many for 3 years

How many for over 4 years.

Part of the information you have requested is considered personal information and is therefore exempt under section 40(2) of Part II of the Data Protection Act 1998.

The reasons for the council’s decision are as follows:

In view of the small numbers of people involved, it is the council’s belief that the disclosure of this information could result in individuals being identified and would therefore be unfair. We believe that release of this information would be likely to breach the first principle of the Data Protection Act 1998 and is therefore exempt from release. The council believes that there would be a legitimate expectation by the data subjects that their personal details would not be released. It further believes that the release of the same information would therefore be unfair to the data subjects."

Well one of those three is me and my emails have been censored continuously since 13 May 2009, which is over four years...further details on the wightdogs.com website http://www.wightdogs.com/apps/forums/top...

Please feel free to comment there or I can be contacted through the website http://www.wightdogs.com/contact.htm or at wightdogs@gmail.com should you be the subject of these anti-democratic sanctions by this supposedly open and transparent council and wish to discuss your options. The council themselves referred to these restrictions as being 'censored' in an email obtained under a Subject Access Request.

Mr. Figg left an annotation ()

The refusal notice for this request says if you are not satisfied with the handling of this request, you may wish to discuss the decision making process with the officer who issued the Refusal Notice. And that once you have exhausted the council’s complaints procedure, you have a right to complain to the Information Commissioner.

This is not the case as initially the authority claimed they didn't hold the information you had requested. You have already asked for a review and they then did a U-Turn and said they did have it but wouldn't supply it.
You have completed the process at a local level and the next step is the Information Commissioner.

Please contact me if you need help with that Miss Attrill as I doubt the exemption covers this request given that the identity of the victims is not requested just recoded statistics. I have a similar request pending https://www.whatdotheyknow.com/request/r... and if you don't pursue this matter I will. I wouldn't be surprised if the authority refuse my request, because it is made by me, but either way they wouldn't be disclosing this public information and I would want the ICO to decide on disclosure as it is relevant to the complaint I am compiling information for in order to make a complaint to Eric Pickles, Secretary of State for Communities and Local Government, over the level of control and oversight that central government is exercising on councils.

Johnson, Karen, Isle of Wight Council

1 Attachment

Dear Miss Attrill,

 

Please find attached a letter containing additional information received
after your appeal was closed.

 

Regards

 

Karen Johnson | Information Access Officer | Corporate Information Unit
|  Legal Services | Isle of Wight Council | County Hall | Newport | Isle
of Wight | PO30 1UD

Tel: (01983) 821000 | Email: [email address] | Web:
[1]www.iwight.com

 

This email may contain personal information.  Please do not forward this
email unless you are satisfied that to do so would not constitute a breach
of the Data Protection Act. If you are unsure please contact the author.

 

As part of our commitment to Eco Island please don't print unless
necessary

 

Important Information - Disclosure, Confidentiality and Monitoring of this
email

This email communication may be monitored by the Isle of Wight Council for
regulatory, quality control, or crime detection purposes.

If you are not the Intended Recipient please contact the sender as soon as
possible. It is intended only for the personal attention of the named
person, firm or company to whom it is addressed. It may contain
information that is privileged and confidential in law. Accordingly any
unauthorised dissemination, distribution, copying or other use of this
message or any of its content by any other person may constitute a breach
of civil or criminal law and is strictly prohibited. No mistake in
transmission is intended to waive or compromise any such privilege. Any
views expressed in this message are those of the individual sender and may
not necessarily reflect the views of the Isle of Wight Council.

The information contained in this e-mail may be subject to disclosure to
third parties under either the Data Protection Act 1998 or the Freedom of
Information Act 2000 to the extent the law allows and in accordance with
the Isle of Wight Council's policies on information management. (If you
wish the disclosure of the information in any reply to be restricted
please make this clear in your response).

References

Visible links
1. http://www.iwight.com/