Has the Information Commissioner and or the ICO issued any Enforcement Notice/s against Nortnhumbria Police

Martin McGartland made this Freedom of Information request to Information Commissioner's Office

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The request was partially successful.

Martin McGartland

Dear Information Commissioner’s Office,

Under the FOIA 2000 I am requesting all recorded information you hold concerning following.

1. Has the Information Commissioner and or the ICO issued any Enforcement Notice/s against Nortnhumbria Police between 20 August 2011 and 19/20 Aug 2012.

2. Regards 1 above, please supply full details of all/any
Enforcement Notice/s issued against Northumbria Police as well and reason/s for each.

3. How many times, if any, during past 12 months (August 20, 2011 to August 19/20, 2012) have Nothumbria Police been reported, for whatever reason/s) to the ICO's Enforcement team relating to breaches, by Northumbria Police, to either FOIA 2000 and or DPA.

4. Regards 3 above, please supply reason/s for each report made against Northumbria Police to the ICO's Enforcement team.

5. During the past 12 months (August 20, 2011 to August 19/20, 2012)how many times, if any, have Northumbria Police
been warned by ICO, its officers and or its Enforcement team
regarding breaches of either FOIA 2000 and or DPA.

6. Regards 5 above, please supply details of all, if any, such warnings including reason/s for each during above dates.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk

Information Commissioner's Office

PROTECT

20th August 2012

Case Reference Number IRQ0461328

Dear Mr McGartland

Request for Information
 
Thank you for your correspondence dated 18 August 2012. 
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond promptly, and no later than 20
September 2012 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

Jolyon Stone
Lead Information Governance Officer

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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

Martin McGartland left an annotation ()

Martin McGartland - The Information Commissioner, the Home Office, MI5 and Northumbria Police;

http://www.scribd.com/doc/103574123/Mart...

www.martinmcgartland.co.uk

Information Commissioner's Office

2 Attachments

PROTECT

26 September 2012

Case Reference Number IRQ0461328

Dear Mr McGartland

I am writing further to our acknowledgement of 20 August 2012, in relation
to your request for information. Please accept my apologies for the
delayed response.
 
As you are aware, we have considered your request in accordance with the
Freedom of Information Act 2000 (FOIA).

 
I thought it would be helpful to respond using the same numbering system
with which you submitted your request.
 

 1. Has the Information Commissioner and or the ICO issued any
Enforcement Notice/s against Northumbria Police between 20 August 2011
and 19/20 Aug 2012.

 
The ICO has not any issued any Enforcement Notices in the specified
timeframe against Northumbria Police. For your future reference you might
be interested to note that the details of Enforcement Notices can be
accessed via “Taking Action” page of our website:
 
[1]http://www.ico.gov.uk/what_we_cover/taki...
 

2. Regards 1 above, please supply full details of all/any
Enforcement Notice/s issued against Northumbria Police as well and
reason/s for each.

As you will appreciate, given my answer to question 1, no information is
held in this regard. However, you may find it useful to read our
Regulatory Action Policy, which provides further information about our
various Enforcement tools.
 

3. How many times, if any, during past 12 months (August 20, 2011 to
August 19/20, 2012) have Northumbria Police been reported, for whatever
reason/s) to the ICO's Enforcement team relating to breaches, by
Northumbria Police, to either FOIA 2000 and or DPA.

I have searched our Electronic Case Management System for each of the DPA
complaints we received in your specified timeframe regarding Northumbria
Police and accessed those cases to establish whether there were any
referrals to the ICO’s Enforcement team. I can confirm that there were
not.
 
I also checked each of our FOI complaints in the same timeframe and
identified 9 referrals to our Enforcement Team.
 
 

4. Regards 3 above, please supply reason/s for each report made
against Northumbria Police to the ICO's Enforcement team.

 
Please find attached each of the aforementioned referrals.
 
 

5. During the past 12 months (August 20, 2011 to August 19/20,
2012)how many times, if any, have Northumbria Police
been warned by ICO, its officers and or its Enforcement team
regarding breaches of either FOIA 2000 and or DPA.

Whilst I would not wish to appear pedantic about your use of words, I’m
afraid we do not hold information regarding the number of times
Northumbria Police have been “warned by ICO, its officer and or its
Enforcement Team regarding breaches of either FOIA 2000 and or DPA”.
 
As you are perhaps aware, when we receive a complaint under the DPA, the
ICO provides an assessment regarding whether, in our view, it is likely,
or unlikely that an organisation has complied with the principles of the
DPA. Whilst our assessments would usually contain some recommended
remedial action or more general advice, it would be misleading for me to
characterise this as a warning.
 
Regarding FOI, again as you might be aware, a complaint might be resolved
or closed in a number of ways. Even where it is found that a public
authority did not comply with the FOIA and a Decision Notice is issued
upholding a complaint, again this would not constitute a warning.
 

6. Regards 5 above, please supply details of all, if any, such
warnings including reason/s for each during above dates
 
 
Given my response to question 5, as you may appreciate no information is
held.
 
 
Review/Complaint Procedure
 
In respect of our response to you under the FOIA, if you are dissatisfied
with this 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 Team at the address below or e-mail
[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 Case Reception 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. 
 
 
 
Yours sincerely
 
 
 
 
Andrew Walsh
Lead Information Governance Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

T. 01625 545363  [2]www.ico.gov.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.gov.uk

References

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