Dear Information Commissioner’s Office,

I request all information you hold regarding the Decision Notice FS50432125.

I would like this to include the information held in relation to the initial request, the Internal Review and the subsequent Section 50 complaint.

Yours faithfully,

Ben Jones

Information Commissioner’s Office

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23 January 2013

Case Reference Number IRQ0482211

Dear Mr Jones 

Request for Information
 
Thank you for your correspondence dated 23 January 2013 about the
information we hold regarding the decision notice in our case reference
FS50432125. 
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond promptly, and no later than 20
February 2013 which is 20 working days from the day after we received your
request.
 
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. However, please be aware that this is an
automated process; the information will not be read by a member of our
staff until your case is allocated to a request handler.
 
Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
 

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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

Dear Information Commissioner’s Office,

Further to my request earlier today, I have since been informed that there has also been a request in relation to the record of destruction for the Motorman legal advice. I think the request was made in late 2011 - I would also request all of the information held in relation to that request.

Yours faithfully,

Ben Jones

Information Commissioner’s Office

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13 February 2013

Case Reference Number IRQ0485440

Dear Mr Jones

 
Request for Information
 
Thank you for your correspondence dated 23 January 2013 about a request to
the ICO in relation to the record of destruction for the Motorman legal
advice.  
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond promptly, and no later than 20
February 2013 which is 20 working days from the day after we received your
request. This will be dealt with separately to your other request
submitted at the same time.
 
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. However, please be aware that this is an
automated process; the information will not be read by a member of our
staff until your case is allocated to a request handler.
 
Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

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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

1 Attachment

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20 February 2013

Case Reference Number IRQ0482211

Dear Mr Jones
 
Further to our acknowledgement of your 23 January 2013 request for
information, we are now in a position to provide our response. As you
know, your request has been dealt with under the Freedom of Information
Act 2000 (FOIA).
 
The requested information is attached. For ease of handling and also for
clarity, we have separated our response into the three case references
associated with the matter, IRQ0416443 which relates to the initial
request; RCC0426975 which relates to the internal review of our response
to that request; and FS50432125 which, as you know, is the complaint to
which the decision notice specified in your request refers. The attached
is 1 of 3 emails responding to this specific request.
 
You will notice that in the documents disclosed in respect of our case
reference RCC0426975, one item is redacted. Please be aware that this is
not information which is being withheld in the present response, but this
is the form in which that particular document is held for case reference
RCC0426975.
 
Information withheld.
 
Two items have been withheld from our response, both are held in our case
file for our case reference FS50432125. The first document withheld is the
complaint form submitted to the ICO. This is withheld under the provisions
of the exemption at section 40(2) of FOIA.
 
We have considered whether disclosure of this information would be fair
under the first data protection principle. We have concluded that it would
not be fair to disclose this information; this is with particular regard
to the expectations of the data subject (the complainant). While we are
aware that the complainant has discussed, in general terms, his request
and complaint to the ICO, the complaint form provides more detailed
arguments and comments which do not feature in the complainant’s online
blog. We do not therefore have any reason to believe that the complainant
would have a reasonable expectation that the detailed grounds of his
complaint would be made public. As there is a more general expectation
that matters brought to the ICO in complaints will be dealt with in
confidence, it is for this reason that the ICO does not disclose details
of the complaints made to it and we see no reason to depart from that
position in the present circumstances.
 
We therefore conclude that disclosure of the completed complaint form
submitted by the complainant would contravene the first data protection
principle and this information is therefore exempt under section 40(2) of
the Freedom of Information Act 2000 by virtue of section 40(3)(a)(i). 
 
This section of the Act states:-
 
Section 40
“(2)   Any information to which a request for information relates is also
exempt information if

 1. it constitutes personal data which do not fall within subsection (1),
and
 2. either the first or the second condition below is satisfied.

 
(3)  The first condition is –

 1. in a case where the information falls within any of paragraphs (a)  to
(d) of the definition of “data” in section 1(1) of the Data Protection
Act 1998, that the disclosure of the information to a member of the
public otherwise than under this Act would contravene –

 1. any of the data protection principles …”

 
 
The second item which is withheld is an unredacted copy of the legal
advice which was disclosed in redacted form under our case reference
RCC0426975. This is withheld under the provisions of section 21 of FOIA,
that the information is reasonably accessible to you by other means. The
information is already available to download from the Leveson Inquiry
website, at the following location:
 
[1]http://www.levesoninquiry.org.uk/wp-cont...
 
You will note that the copy available on the Leveson Inquiry website
contains a small number of redactions. This information was redacted from
the ICO’s Leveson evidence because it is personal data, the names were not
known to be otherwise in the public domain and they had not been convicted
in a court of law of any offences pertinent to the Motorman operation. For
the avoidance of doubt, we continue to apply the same reasons for
withholding that personal data, under the provisions of section 40(2) of
FOIA, as above.
 
You may also find other matters of relevance to your request on the
Leveson Inquiry website as the matters relating to the disclosed
information have been examined extensively during the course of that
inquiry. The Leveson Inquiry website can be found at:
 
[2]http://www.levesoninquiry.org.uk/
 
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 Governance
Department at the address below or e-mail
[3][email address]
 
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.
 
If having exhausted the review process you are not content that your
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 write
to the First Contact Team, at the address below or visit the ‘Complaints’
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 [4]here.
 
Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
 
 
 
 

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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

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1. http://www.levesoninquiry.org.uk/wp-cont...
2. http://www.levesoninquiry.org.uk/
3. mailto:[email address]
4. http://www.ico.gov.uk/about_us/~/media/d...

Information Commissioner’s Office

1 Attachment

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20 February 2013

Case Reference Number IRQ0482211

Dear Mr Jones

response 2 of 3

Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
 

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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

1 Attachment

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20 February 2013

Case Reference Number IRQ0482211

Dear Mr Jones

response 3 of 3

Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

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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

1 Attachment

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20 February 2013

Case Reference Number IRQ0485440

Dear Mr Jones
 
Further to our 13 February acknowledgement of your second request,
submitted on 23 January 2013, we are now in a position to provide our
response.
 
You asked:
 
“Further to my request earlier today, I have since been informed
that there has also been a request in relation to the record of
destruction for the Motorman legal advice. I think the request was
made in late 2011 - I would also request all of the information
held in relation to that request.”
 
We have searched our records and identified a case from October 2011,
reference IRQ0420454, which dealt with the request: “Has the advice
referred to by David Smith been destroyed, subsequent to it having been
obtained and relied upon for the decision not to prosecute journalists?”
This is the information described in your request which we have located.
 
The information held for our case reference IRQ0420454 is attached.
 
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 Governance
Department at the address below or e-mail
[1][email address]
 
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.
 
If having exhausted the review process you are not content that your
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 write
to the First Contact Team, at the address below or visit the ‘Complaints’
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.
 
Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

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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. mailto:[email address]
2. http://www.ico.gov.uk/about_us/~/media/d...

Dear Mr Dickinson

Thank you for your reply and the information provided.

I should explain that my interest in this matter is not primarily in relation to the matters connected with the Leveson Inquiry, but to the ICO's FOI responses.

On that note, I am extremely concerned that senior individuals within the ICO sought to knowingly conceal information.

The disclosures show that the Internal Compliance Manager emailed Christopher Graham (along with a number of other senior figures within the ICO) on 28 September 2011, specifically to inform them that an information request would be issued confirming no legal advice was held in relation to the decision not to prosecute journalists. Individuals were invited to correct this position if they had information to the contrary. It was noted that the proposed response “will attract some attention”.

Mr Graham had 2 weeks earlier provided a statement to Leveson quoting external legal advice as a significant reason why the ICO did not prosecute journalists. You have recently confirmed that the ICO consider that the meeting note dated 27 May 2005 was the legal advice Mr Graham was referring to. So the ICO’s position (and Mr Graham’s specifically) is that you did infact hold Legal advice in this matter.

Why did Mr Graham (or indeed any of the distribution list) not advise that the response was incorrect?
Given the lack of explanation, I am left to suspect it was a deliberate attempt by Mr Graham to conceal the information.

I would therefore like to make a Section 77 complaint against Christopher Graham himself – could you advise of the correct process please, the standard complaints form don’t seem designed for Section 77 offences?

Many thanks

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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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

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2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
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6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Dear Mr Dickinson,

Could you please provide an update on my complaint - have you referred it to the appropriate team, or do I need to complete a particular form?

Thanks

Ben Jones

Information Commissioner’s Office

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4 March 2013

 

Case Reference Number IRQ0485440

 

Dear Mr Jones

Thank you for your message. On receipt of your previous comments about a
possible s77 offence, the matter was referred internally to the relevant
team for further enquiry.

There is no need to submit a more formal complaint and there is no
specific form which you would need to submit. We anticipate informing you
when our enquiries are concluded.

Yours sincerely

 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
 

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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

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19 April 2013

 

Case Reference Number IRQ0485440

Dear Mr Jones,
 
I am writing further to your 20 February complaint, which is being
investigated by Stephen Eckersley, the ICO’s Head of Enforcement.  As you
are the complainant and a potential witness to the alleged offence he
would like to interview you as soon as possible.  The only contact details
we hold for you are those associated with your WDTK requests to the ICO.
 
If you would be available to discuss your complaint with Mr Eckersley,
please can you contact him to make arrangements.
 
Stephen Eckersley can be contacted on his direct-dial telephone number,
01625 545717 or by email to [1][email address].

Yours sincerely,

Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [2]www.ico.org.uk
 

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

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/

Ganesh Sittampalam left an annotation ()

The hidden email address is Stephen.Eckersley at ico.org.uk

Ganesh - WhatDoTheyKnow volunteer

Information Commissioner’s Office

01 August 2013
 
Case reference Number RCC0506263

 
Dear Mr Jones

Further to our letter of 24 July 2013 your request for an internal review
has been passed to me to consider.

Having reviewed the correspondence on file I note that we responded to
your original requests in two parts. On 15 July 2013 we responded to the
request for information held in relation to your section 77 complaint, and
on 19 July 2013 we responded to the requests for the legal advice and for
information supporting the assertion that information requested must be
held in a single document.

Your request for an internal review asks that we review our handling of
your FOI request for Section 77 internal investigation evidence, and I am
uncertain whether you wish us to review just the response of 15 July 2013
which relates specifically to our section 77 investigation, or both our
responses.

I have started to consider both our responses, but I would be grateful if
you could just clarify this for me, so I can make sure I focus my review
on the areas you want us to reconsider.

Thank you for your assistance.

Yours sincerely

Lisa Adshead
Group Manager
Policy Delivery

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

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