Home Office - reported to the Information Commissioner's Office

The request was successful.

Dear Sir or Madam,

For each of the following acts/regulations, how many times has the Home Office been reported to the Information Commissioner's Office for alleged breaches of the listed acts/regulations and how many times has the Home Office been found guilty of breaking the law?

Data Protection Act 1998 (the DPA)

Freedom of Information Act 2000 (FOIA)

Environmental Information Regulations 2004

Privacy and Electronic Communications (EC Directive) Regulations 2003

Yours faithfully,

John Walker

Information Commissioner’s Office

Link: [1]File-List

14th October 2009

Case Reference Number IRQ0273922

Dear Mr Walker

Request for Information

Thank you for your e-mail letter of 14 October 2009, in which you have
asked us to provide you with information relating to the number of
complaints the ICO has received about the Home Office.

Your request has been passed to the Internal Compliance Team, and is being
dealt with in accordance with the Freedom of Information Act 2000 under
the reference number shown above.  We will therefore respond to your
request by 11 November 2009, which is 20 working days from the day after
we received your request.

If you wish to add further information or evidence to your case please
reply to this email, being 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

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Tel: 01625 545894

[2]www.ico.gov.uk

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/radDE7DD_files/filelist.xml
2. http://www.ico.gov.uk/

Information Commissioner’s Office

1 Attachment

Link: [1]File-List

30th October 2009

Case Reference Number IRQ0273922

Dear Mr Walker

I am writing further to our email dated 14 October 2009 in which we
acknowledged your request for information to the Information
Commissioner’s Office (ICO).

Specifically your request stated;

“For each of the following acts/regulations, how many times has the Home
Office been reported to the Information Commissioner's Office for alleged

breaches of the listed acts/regulations and how many times has the Home
Office been found guilty of breaking the law?
Data Protection Act 1998 (the DPA)
Freedom of Information Act 2000 (FOIA)
Environmental Information Regulations 2004
Privacy and Electronic Communications (EC Directive) Regulations”

Such requests are dealt with as requests for information under the Freedom
of Information Act 2000 (the FOIA).

As you have highlighted four pieces of legislation for your ease of
reference we will deal with each in turn.

Firstly with regard to complaints to the ICO about the Home Office made
under the Environment Information Regulations 2004 and the Privacy and
Electronic Communications Regulations 2003 we have conducted a search of
our electronic case management system and can advise that no such
complaints have been received.

In relation to complaints made under the Data Protection Act 1998 (the
DPA) we have searched our electronic case management system and at the
date of your request we had received 142 such complaints in which the Home
Office are listed as the “submitted about” organisation.

Of these cases 56 were closed as “compliance unlikely”.  It would
appear helpful if I explain that where the ICO receives a complaint under
the DPA we conduct an “assessment” as to whether in our view the
processing of personal data in the situation described is “likely or
unlikely” to be in compliance with the provisions of the DPA.

For your information the ICO has also required the Home Office to sign an
undertaking in January 2009 in relation to the loss of personal data, a
copy of this undertaking is available from the Data Protection Enforcement
section of our website ([2]www.ico.gov.uk) via the following link;

[3]http://www.ico.gov.uk/what_we_cover/data...

With regard to complaints made under the Freedom of Information Act 2000
(the FOIA) about the Home Office we have conducted a search of our
electronic case management system and at the date of your request we had
received 204 complaints where the Home Office are listed as the
“submitted about” organisation.

We have issued 28 Decision Notices in relation to complaints about the
Home Office in which the complaint was either upheld or partially
upheld.  In the event that you wish to view the Decision Notices issued
against the Home Office, these are available on our website
([4]www.ico.gov.uk) by accessing our Decision Notice search facility which
is available via the following link;

[5]http://www.ico.gov.uk/tools_and_resource...

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 Internal Compliance Team
at the address below or e-mail [6][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.

 

A copy of our review procedure is attached.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510 Web: www.ico.gov.uk

References

Visible links
1. file:///tmp/rad9A997_files/filelist.xml
2. http://www.ico.gov.uk/
3. http://www.ico.gov.uk/what_we_cover/data...
4. http://www.ico.gov.uk/
5. http://www.ico.gov.uk/tools_and_resource...
6. mailto:[email address]

Dear Sir or Madam,

Thank you for such a comprehensive answer.

Yours faithfully,

John Walker

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