Enforcement notice follow up for TalkTalk

Leigh Park Initiative made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Leigh Park Initiative

Dear Information Commissioner’s Office,

On 9th January 2008, David Smith, Deputy Information Commissioner issued an enforcement notice to CarPhone Warehouse (subsequently referred to as CPW) and its sister company TalkTalk,
http://www.ico.gov.uk/upload/documents/l...
having found them in breach of the Data Protection
Act after investigating complaints concerning the way in which both organisations processed and stored personal information.

This was detailed in a press release dated 16th January 2008
http://www.ico.gov.uk/upload/documents/p...

What follow-up action was taken by the ICO in response to that enforcement notice, and in particular:

- what subsequent investigations were made to ensure compliance?

- what actions did CPW/TalkTalk take to bring its systems into compliance with the notice?

- was the ICO subsequently satisfied that the notice had been complied with?

- were any penalties were imposed on CPW/TalkTalk for non-compliance with that notice?

Have any subsequent enforcement notices been issued to the above company or its successors, since 9th January 2008, including to TalkTalk Telecom Ltd, a company registered in England and Wales under number 04633015 and to TalkTalk Telecom Group Plc, a company registered in England and Wales under the number 07105891?

I have already searched your site as follows:
http://www.ico.gov.uk/global/search.aspx... and found no further public records of action or follow-up.

Yours faithfully,

Leigh Park Initiative

Information Commissioner's Office

Link: [1]File-List

10th August 2010

Case Reference Number IRQ0341640

Dear Sir/Madam

Thank you for your email correspondence earlier today asking for
information about Carphone Warehouse/Talk Talk following the enforcement
notice issued to Talk Talk on 9 January 2008.

For your correspondence to be treated as a valid request under the Freedom
of Information Act 2000 (FOIA) we need to have a name as specified by
section 8 FOIA.

Our guidance on what constitutes a valid request explains that the use of
the phrase “the name of the applicant” in section 8(1)(b) indicates
that the real name of the applicant should be used. It goes on to say that
“title and/or first name with surname satisfies the requirement for
provision of a real name”.

I have included a link to our guidance for your information below.

[2]http://www.ico.gov.uk/upload/documents/l...

I would be most grateful if you can provide me with your name at your
earliest convenience. Please reply to this email making sure not to amend
the subject area so that any response can be scanned directly into your
case.

Yours sincerely

Andrew Rose

Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/rad3EC40_files/filelist.xml
2. http://www.ico.gov.uk/upload/documents/l...

Leigh Park Initiative

Dear Information Commissioner’s Office,

I would draw your attention to your own guidance as follows:

ICO Guidance - http://www.ico.gov.uk/upload/documents/l...

On page 3 the ICO guidance states:
"In the case of a company, it is not necessary to provide the full registered name. It will be acceptable to provide another name which exists as a real entity, such as a trading name. Similarly, a sole trader could provide his or her real name or trading name. "

I have provided the real (not pseudonymous) name of a registered charitable organisation and a genuine email address on that charity's registered web domain. I submit this is equivalent to a trading name or that of a company.

The guidance also states,on p2,

" In accordance with the spirit and purpose of the
FOIA, the default position of a public authority should be to accept the name provided by the applicant unless there is good reason to enquire further about
the applicant’s name, as indicated above.

Even when an obvious pseudonym has been used, as good practice a public authority should still consider the request even though technically it can be regarded as invalid. This approach could be adopted in cases where identity is not relevant to the request and, in view of the general principle within the FOIA of disclosure to the world at large, where the authority is content to disclose the information."

You have verifiable real world identity of a party with a vested interest in the subject of the FOI request, being a UK registered charity, a trustee of which is making the request.

Please proceed in accordance with your guidelines and process this request.

Yours faithfully,

Leigh Park Initiative

new casework,

Thank you for emailing the Information Commissioner's Office (ICO).

If your email was a reply to an email we sent you it has now been attached
to your case and will be read when your correspondence is allocated to a
case officer.

If your case has already been allocated, the case officer will be in
contact when they have considered your email.
If your email was not a reply to an email from us it will be considered by
our Customer Service Team. We will respond to you as soon as possible or
within 30 calendar days.
If you need more help, please contact our Helpline on 08456 30 60 60 or
01625 545745 if you prefer to use a national rate number.

Yours sincerely

Customer Service Team
The Information Commissioner's Office

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner's Office

Link: [1]File-List

11th August 2010

Case Reference Number IRQ0341640

Dear Sir/Madam

Thank you for your response to my previous email in which I requested a
name to ensure that your request could be treated as a valid request for
information under the FOIA.

As you have not provided your name, we will still respond to your request
in line with our good practice guidelines. However please note that as
this is not a legally valid request for information under FOIA, we will
not be able to offer an internal review of the response that we provide.
Neither will there be a right for you to complain in accordance with the
provisions of the FOIA.

We will provide a response to your request by 8 September, which is 20
working days from the day after we received your request. If you decide
that you would like us to treat your request as valid please provide your
real name before 8 September.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/rad3884B_files/filelist.xml

Leigh Park Initiative

Dear new casework,

Thank you for your response. You are still maintaining that I have not provided a name. You have not answered my point that I HAVE provided a name in accordance with your published guidelines - by providing the name of an orgnanisation, in particular, a registered UK charity. You have not indicated why the name of a sole trader or company IS acceptable but the name of a charity is not. I would obviously prefer it to have my request dealt with as a VALID request rather than "ex gratia" and in my opinion you have not answered this point about the charity name. Please do so.

Yours sincerely,

Leigh Park Initiative

new casework,

Thank you for emailing the Information Commissioner's Office (ICO).

If your email was a reply to an email we sent you it has now been attached
to your case and will be read when your correspondence is allocated to a
case officer.

If your case has already been allocated, the case officer will be in
contact when they have considered your email.
If your email was not a reply to an email from us it will be considered by
our Customer Service Team. We will respond to you as soon as possible or
within 30 calendar days.
If you need more help, please contact our Helpline on 08456 30 60 60 or
01625 545745 if you prefer to use a national rate number.

Yours sincerely

Customer Service Team
The Information Commissioner's Office

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

Information Commissioner's Office

2 Attachments

Link: [1]File-List

7th September 2010

Case Reference Number IRQ0341640

Dear Sir/Madam

I write further to my email of 11 August 2010 in response to your request
for information related to the enforcement notices issued to CarPhone
Warehouse and Talk Talk. Please find attached the response to your
request.

Further to your subsequent email regarding the name used on the request,
we have further considered your comments and agree that the name provided
is valid for the purposes of the Freedom of Information Act 2000 (FOIA).
Consequently your request has been dealt with as a valid FOIA request and,
as explained in the attached response, you have the right to request an
internal review and appeal if required. Please accept my apologies for any
concerns caused previously.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/radD76FB_files/filelist.xml

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