Household purposes

G Webber 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 refused by Information Commissioner's Office.

Dear Information Commissioner’s Office,

Please can you provide an electronic copy of any policy, guidance, lines-to-take or other material you hold on the scope of the exemption contained in GDPR art 2(2)(c) and/ or recital 18.

Yours faithfully,
G Webber

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

If you have requested advice - we aim to respond within 14 days. 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

Copied correspondence - we do not respond to correspondence that has been
copied to us.

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

For information about what we do with personal data see our [2]privacy
notice.

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

Yours sincerely

The Information Commissioner’s Office

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Information Commissioner's Office

10 August 2018

 

Case Reference Number IRQ0774631

 

Dear G Webber

Acknowledgement of request – FOIA 
 
Thank you for your recent request for information. We received your
request on 8 August.
 
We will be considering your request under the Freedom of Information Act
2000. You can expect us to respond in full by 6 September. This is 20
working days from the date we received your request. If, for any reason,
we can’t respond by this date, we will let you know and tell you when you
can expect a response.
 
If you have any questions please contact me using the IRQ case reference
number above or by replying to this email and leaving the subject field
unchanged.
 
Thank you for your interest in the work of the Information Commissioner's
Office.
 
Yours sincerely
 

Sarah Whelan
Senior Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6322  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
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Information Commissioner's Office

6 September 2018

 

Case Reference Number IRQ0774631

 

Dear G Webber

Thank you for your recent request for information. We received your
request on 8 August.
 
We have considered your request under the Freedom of Information Act 2000.
 
Your request
 
‘Please can you provide an electronic copy of any policy, guidance,
lines-to-take or other material you hold on the scope of the exemption
contained in GDPR art 2(2)(c) and/ or recital 18.’
 
Our response 
 
I can confirm we hold information that falls within the scope of your
request.
 
Part of the information held in the scope of your request is draft
guidance in respect of the General Data Protection Regulation. This
guidance will be published in due course.
 
Consequently the exemption at section 22 of the Freedom of Information Act
(FOIA) applies to this information as it is intended for future
publication.
 
Section 22 of the Act states that information is exempt from disclosure in
response to an information request if:
 
 “(a) the information is held by the public authority with a view to its
publication, by the authority or any other person, at some future date
(whether determined or not),
(b) the information was already held with a view to such publication at
the time when the request for information was made, and
(c) it is reasonable in all the circumstances that the information should
be withheld from disclosure until the date referred to in paragraph (a).”

The exemption at section 22 is qualified by the public interest test,
meaning that the information should be disclosed if the public interest in
the maintenance of the exemption does not outweigh the public interest in
disclosure.
 
In this case the public interest factors in disclosing the information
are:

* Provide guidance to the public in respect of the General Data
Protection Regulation (GDPR) enabling greater understanding.
* General public interest in transparency and openness by the ICO.

The factors in withholding the information are: 
 

* The ICO has a history of publishing guidance on a regular basis and
has committed to publishing guidance in regard to GDPR. Therefore this
information will be in the public domain soon after it is produced.
* Transparency will be achieved by the publication of the guidance.
* The impact on ICO resources if we were to respond individually to
requests for information that is due to be proactively published.
There is public interest in the ICO ensuring best use of public
resources.

Having considered the public interest arguments, we have decided to
withhold this information in reference to section 22 of FOIA.
 
The remainder of the information constitutes legal advice in respect of
Article 2(2)(c) of the General Data Protection Regulation and
communications in respect of the advice provided.
 
Section 42(1) of FOIA states that:
 
Information in respect of which a claim to legal professional privilege
or, in Scotland, to confidentiality of communications could be maintained
in legal proceedings is exempt information.
 
There are two types of privilege covered by the exemption at section 42.
 

* Litigation privilege; and,
* Advice privilege

We consider that FOIA section 42 is engaged in respect of advice
privilege. Advice privilege covers confidential communications between the
client and lawyer, made for the purpose of seeking or giving legal advice.
 
May I refer you to ICO ‘Legal professional privilege (section 42)’
guidance-
[1]https://ico.org.uk/media/fororganisation...

Legal professional privilege protects the confidentiality of
communications between a client and their legal adviser, but what it
specifically protects is the substance of those communications. This
interpretation is supported by the comment of Mr Justice Mann in USP
Strategies v London General Holdings Ltd [2004] EWHC 373 (Ch), that “The
proper analysis, consistent with Three Rivers, is to continue to afford
privilege to material which evidences or reveals the substance of legal
advice” (paragraph 20). The fact whether a public authority has sought or
received legal advice is not itself legally privileged, unless disclosing
this fact would reveal the substance of those communications.
 
Section 42 is not an absolute exemption and we must consider whether the
public interest favours withholding or disclosing the information.
 
Public interest factors in favour of disclosing the information: 
 

* The general public interest in the ICO being open and transparent.
* Provide information to enable public understanding of what the issues
are and how they are being considered.

 Public interest factors in favour of maintaining the exemption:

 

* The general public interest inherent in this exemption will always be
strong due to the importance of the principle behind legal
professional privilege. Disclosing any legally privileged information
threatens that principle.
* Safeguarding openness in all communications between client and lawyer,
to ensure access to full and frank legal advice.
* There is a strong inherent weight in preserving legal privilege. There
is additional weight to this factor, as the advice was created as part
of ongoing policy considerations which are still live.

After consideration of the above factors we conclude that the public
interest in withholding this information outweighs the public interest in
disclosing it.
 
Next steps
 
I hope this response is clear. If you would like me to clarify anything
about the way your request has been handled please contact me.
 
You can ask us to review the way we have handled your request. Please see
our review procedure [2]here.
 
Following our internal review, if you remain dissatisfied with the way we
have handled your request, there is a statutory complaints process and you
can report your concern to the regulator. I have included information
about how to do this separately.
 
Yours sincerely,
 

Sarah Whelan
Senior Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6322  F. 01625 524510  [3]ico.org.uk  [4]twitter.com/iconews
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Dear Sarah,

As you will be aware, guidance from the Information Commissioner's Office on the scope of section 22 says: "When seeking to apply the exemptions under sections 22 or 22A, it is the Commissioner’s view that it is good practice to provide the requester with an anticipated date of publication."

Please can you therefore arrange for an internal review to be conducted, since I am sure the ICO will want to conform to the standards of good practice laid down by, er, the ICO.

Yours faithfully,

G Webber

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

If you have requested advice - we aim to respond within 14 days. 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

Copied correspondence - we do not respond to correspondence that has been
copied to us.

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

For information about what we do with personal data see our [2]privacy
notice.

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

Yours sincerely

The Information Commissioner’s Office

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[3]http://www.ico.org.uk/tools_and_resource...

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Information Commissioner's Office

25 September 2018

 

Case Reference Number RCC0788922

 

Dear G Webber

Thank you for your recent request for an internal review of our response
to your information request.
 
You can expect us to respond in full by 16 October 2018. This is 20
working days from the date we received your request for internal review.
If, for any reason, we can’t respond by this date, we will let you know
and tell you when you can expect a response.
 
If you have any questions please contact me using the RCC case reference
number above or by replying to this email and leaving the subject field
unchanged.
 
Thank you for your interest in the work of the Information Commissioner's
Office.
 
Yours sincerely
 

Sarah Whelan
Senior Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6322  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
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Dear Sarah,

RCC0788922

Vastly embarrassingly, you’ve failed to complete this internal review by the date you promised.

Please make sure you get back to me today (17 October) or I’ll have to... hmm... complain to the Information Commissioner’s Office.

Yours faithfully,

G Webber

Information Commissioner's Office

17 October 2018

 

Case Reference Number RCC0788922

 

Dear G Webber

I write further to your recent request for an internal review to your case
reference number IRQ0774631 which we received on 18^th September 2018. I
am the Group Manager in the information access service team and I can
confirm that I have had no prior involvement in the handling of this
request.
 
Your request for review concerns the handling of your request of 8^th
August 2018. You had asked:
 
‘Please can you provide an electronic copy of any policy, guidance,
lines-to-take or other material you hold on the scope of the exemption
contained in GDPR art 2(2)(c) and/ or recital 18.’
 
You received our response on 6^th September 2018 under The Freedom of
Information Act and Sarah Whelan cited section 22 (1) and section 42 of
the Act in withholding this information.
 
Section 22 exemption (future publication)
 
I agree that section 22 of the Freedom of Information Act applies to the
draft guidance concerning the General Data Protection Regulation. I also
agree that it is reasonable to apply this exemption and that the public
interest in applying the exemption outweighs the public interest in
disclosing it. There was a settled intention to publish the requested
information at the time of the request “at some future date”. This is
demonstrated by the routine disclosures of the guidance we produce. I can
also now confirm that our main exemptions guidance has recently been
published at the following link:
 
https://ico.org.uk/for-organisations/gui...
 
Section 42 exemption (LPP)

I agree that the withheld information is subject to the Legal Professional
Privilege exemption (section 42 (1) of the FOIA). I also confirm that I
consider the public interest weighs in favour of maintaining this
exemption.
 
I consider the information meets the criteria for engaging the exemption
in that the legal advice is the following:
 
a) confidential (not been made available to the public);
b) made between a client and professional legal adviser acting in their
professional capacity; the solicitor in this case communicated and
exchanged information with her internal client.
c) made for the purposes of obtaining legal advice or assistance in
relation to rights and obligations.
 
The principle of safeguarding the openness in communications between
client and lawyer is a fundamental one. It is in the public interest for
the Commissioner to be able to get frank advice from her legal counsel to
allow her to make the appropriate decisions with regard to the legislation
she regulates and the guidance she will issue.
 
While we recognise the public interest in transparency and appreciate that
the disclosure would likely further the public understanding of our
approach to guidance in this area, there is a strong public interest in
public authorities, such as the ICO, providing full and frank information
to their legal advisers and receiving full and frank advice without fear
that the information or advice in question will be disclosed.
 
May I refer you to ICO ‘Legal professional privilege (section 42)’
guidance:[1]https://ico.org.uk/media/fororganisation...

This concludes my internal review and all matters have been addressed as I
am aware.
 
Complaint procedure
 
If you are dissatisfied with the outcome of this review you can make a
formal complaint with the ICO in its capacity as the regulator of The
Freedom of Information Act 2000. Please follow the link below to submit
your complaint:
[2]https://ico.org.uk/concerns/

Yours sincerely

 
 

Elizabeth Baxter
Information Access Group Manager
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
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Dear Information Commissioner’s Office,

This is a section 50 complaint about the ICO’s handling of my FOI request at the following URL: https://www.whatdotheyknow.com/request/h...

I believe that the section 22 exemption has been mis-applied for the following reasons:
1. My request was for information in scope as the ICO held it at the time of the request. The refusal notice states that the information the ICO holds is draft guidance. This means that there is no settled intention to publish that precise information in the future; the draft is likely to be amended (because that is what a draft is), per paragraph 9 of your guidance on section 22.
2. Despite my having specifically requested details of the timescale for intended publication, and despite your own guidance stating that it is good practice to provide this (paragraph 67), the ICO failed to give any indication of the anticipated timescale.

I look forward to prompt receipt of an FS50 reference number for this complaint.

Yours faithfully,

G Webber

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

If you have requested advice - we aim to respond within 14 days. 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

Copied correspondence - we do not respond to correspondence that has been
copied to us.

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

For information about what we do with personal data see our [2]privacy
notice.

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

Yours sincerely

The Information Commissioner’s Office

Our newsletter

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Information Commissioner's Office

31 October 2018
 

Case Reference Number RCC0788922

 

Dear G Webber

I write further to your message of 17 October, to which I am replying in
Ms Baxter’s absence.
 
Please note that if you wish to make a complaint about our response under
section 50 of the Freedom of Information Act you are entitled to do so,
but we do not accept such complaints through whatdotheyknow.com.
 
If you wish to raise a complaint with the ICO in its capacity as regulator
of the Act, please follow the process outlined in the paragraph headed
‘Complaint procedure’ in Ms Baxter’s email to you of 17 October.
 
Yours sincerely
 
 

Danny Langley
Information Access Service Manager, Risk and Governance Department
Corporate Strategy and Planning Directorate
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6784  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
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Dear Danny,

Thank you for your message. I note your assertion that the ICO "do[es] not accept [section 50] complaints through whatdotheyknow.com".

There appears to be no legal basis for this refusal. Section 50 of FOIA says: "Any person in this section referred to as 'the complainant') may apply to the Commissioner for a decision whether, in any specified respect, a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part I."

Nothing is said which specifies that complaints may not be made through particular email providers. In fact, as the ICO has previously determined (under reference FS50313965) that whatdotheyknow.com simply provides an email address for complainants which is "connected to a publishing mechanism", and the fact of it being connected to a publishing mechanism is immaterial for the purposes of FOIA.

Therefore, I look forward to you processing my section 50 complaint. If you maintain your refusal, please provide clear reasons explaining your basis, and I will consider my legal options.

Yours faithfully,

G Webber

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

If you have requested advice - we aim to respond within 14 days. 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

Copied correspondence - we do not respond to correspondence that has been
copied to us.

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

For information about what we do with personal data see our [2]privacy
notice.

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

Yours sincerely

The Information Commissioner’s Office

Our newsletter

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Dear Danny Langley,

Re RCC0788922

I am still waiting for you to acknowledge my section 50 complaint. I look forward to hearing from you soon.

Yours faithfully,

G Webber

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

If you have requested advice - we aim to respond within 14 days. 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

Copied correspondence - we do not respond to correspondence that has been
copied to us.

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

For information about what we do with personal data see our [2]privacy
notice.

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

Yours sincerely

The Information Commissioner’s Office

Our newsletter

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AccessICOinformation, Information Commissioner's Office

Dear G Webber

I can confirm that the position has not changed further to my previous message.

As described in the header to the ICO profile on the WDTK site, WDTK is for making FOIA requests of public authorities and not for raising complaints or enquiries with the ICO. We do not accept either through the WDTK route.

We have made clear to you how you can raise enquiries or complaints with the ICO. I hope you will understand that we cannot continually respond to correspondence regarding matters already covered. As a result I do not intend to respond to further queries from you on this subject.

https://ico.org.uk/make-a-complaint/

Danny Langley
Information Commissioner's Office

show quoted sections

Dear Danny Langley,

Re: RCC0788922

Please can you refer this case to your line manager so they can reconsider your decision.

Yours sincerely,

G Webber

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

If you have requested advice - we aim to respond within 14 days. 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

Copied correspondence - we do not respond to correspondence that has been
copied to us.

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

For information about what we do with personal data see our [2]privacy
notice.

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

Yours sincerely

The Information Commissioner’s Office

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
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References

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1. http://ico.org.uk/about_us/how_we_comply
2. https://ico.org.uk/global/privacy-notice/
3. http://www.ico.org.uk/tools_and_resource...
4. http://www.twitter.com/ICOnews