IC's Enforcement Action

Martin Draper made this Freedom of Information request to Powys County Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Powys Council,

In the IC's Enforcement Notice issued to Powys Council last year, which was widely publicised in the local media, you were required to provide all staff with Data Protection training if their roles required them to access personal data.

As a resident of Powys, I would be grateful if you can confirm that this obligation has been adhered to as specified in the Powys cc enforcement notice Enf0386991.

Please can you provide copies of the accurate records maintained by the council (as required in part 2 of the notice), which confirms that the training has been completed.

Yours faithfully,

Martin Draper

FOI Queries, Powys County Council

Mr. M. Draper

June 19, 2012

Person Dealing: Andrea Hughson
Direct Dial: 01597 827512

Dear Mr. Draper,

FREEDOM of INFORMATION ACT 2000
Reference No: F-2012-00437

Thank you for your request for information, received at this office on June
18, 2012, in which you requested details of the following:

IC's Enforcement Action

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third party.
In some circumstances Powys County Council may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the
information you request. If this is the case you will be informed and the 20
working day timescale will be suspended until we receive payment from you.
If you choose not to make a payment then your request will remain
unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

The due date for responding to this request for information is July 16,
2012.

Should you need to discuss this further please contact the officer dealing
with your request as identified at the beginning of this letter or
Information Management on 01597 827512 / 7513.

I would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Clive Rees. Records Assistant

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Dear Powys Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I have not received a response to my request or any explanation or apology for the delay.

I am writing to request an internal review of Powys Council's handling of my FOI request 'IC's Enforcement Action'.

If no satisfactory explanation is forthcoming, I will refer this matter to the Information Commissioner.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ic...

Yours faithfully,

Martin Draper

FOI, Powys County Council

Dear Martin,

I am responding to you as temporary manager of the Records and Compliance
team.

I can only apologise that this response was not sent out to you sooner. We
have suffered a series of unforseen absences, of which the Information
Commissioner's Office is aware. This has caused some confusion in the
office, and consequently, I'm afraid the response to your request was not
provided within the required time.

We are working hard to alleviate any backlog, but I can only apologise again
that this response was not sent out to you sooner.

We received the response from the service area on 5th July, but
unfortunately, the action of sending out the response was overlooked. We
are preparing the response for release today, and you should receive it by
the end of today.

I apologise again, and I hope that no further action will be required once
you receive the response.

Thank you,

Brian Zammit

E-Access Manager / Rheolwr E-Fynediad
Information & Customer Services / Gwasanaethau Cwsmer a Gwybodaeth
Powys County Council / Cyngor Sir Powys
T: 01597 829559
X: 3281
M: 07876 394978
E: [email address]

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queries, Powys County Council

1 Attachment

Mr Draper,

Please find attached the response to your freedom of information request
ref: F-2012-00437

Yours Sincerely

Katie HUGHSON

Records Assistant

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Dear Mr. Zammit,

Thank you for your explanation and response.

The information supplied however raises further questions on the Council's compliance with the enforcement notice.

It would appear from your response that there are are a number of Powys County Council employees who require training but have not yet completed it. You state that these staff members do not access systems/information that record personal information.

Can you please therefore supply a list of job profiles of staff who have access to personal data, but have not completed the training.

Please supply information on how the council ensures that these staff members do not access personal data, and how this restricts their daily tasks. I would be particularly interested to understand for example how staff members in Human Resources are able to perform their duties without accessing personal information.

Should you wish to do so, please treat this as a new request under the Freedom of Information Act.

Yours sincerely,

Martin Draper

queries, Powys County Council

July 19, 2012

Person Dealing: Andrea Hughson
Direct Dial: 01597 827512

Dear Mr. Draper,

FREEDOM of INFORMATION ACT 2000
Reference No: F-2012-00536

Thank you for your request for information, received at this office on July
19, 2012, in which you requested details of the following:

- Staff with access to personal data without DPA training.

(The above is a summary of the whole request, full text will be sent to the
tasked officer)

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third party.
In some circumstances Powys County Council may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the
information you request. If this is the case you will be informed and the 20
working day timescale will be suspended until we receive payment from you.
If you choose not to make a payment then your request will remain
unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

The due date for responding to this request for information is August 16,
2012.

Should you need to discuss this further please contact the officer dealing
with your request as identified at the beginning of this letter or
Information Management on 01597 827512 / 7513.

I would like to take this opportunity to thank you for your interest in
Powys County Council.

Yours sincerely,

Katie HUGHSON

Records Assistant

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Andrea Hughson, Powys County Council

August 20, 2012

 

Person Dealing:     Andrea Hughson

Direct Dial:               01597 827512

 

Dear Mr Draper,

 

FREEDOM OF INFORMATION ACT 2000

Reference No: F-2012-00536

 

Thank you for your request for information dated July 19, 2012 concerning
staff with access to personal data that have not completed Data Protection
training.

 

I regret the delay you have experienced with this request. I acknowledge
that Powys County Council has failed in its obligation under the Freedom
of Information Act 2000, to provide you with a response to your request
within the statutory timescale of 20 working days. Please accept my
apologies for this and for any inconvenience this may have caused.

 

This is to inform you that your request has been considered and I can
provide the following response:

 

The information supplied in response to your previous request, reflected
the position on staff training as at 31^st March 2012. At that time, based
on the information recorded by Powys County Council it was established
that there were a number of members of staff who had not completed the
mandatory training. This occurred due to a number of factors including
long term sickness, maternity leave etc.

 

The attached list identifies the job titles that on the 31st March 2012
had not completed DPA training. The record of staff members completing DPA
training is a continually evolving document and only reflects the position
at a given date in time, in this instance on the 31^st March 2012. This
position was presented to the Council’s Corporate Information Governance
Group on 1^st June 2012.

 

We do not presently have an up to date list of the positions that have not
undertaken the training. The consolidated list will be presented to the
Corporate Information Governance Group at the next scheduled meeting of
4th September 2012. The most up to date training position can be provided
for you following this meeting, should you so wish.

 

All Heads of Service are instructed to ensure that all staff that had not
been trained are prevented from accessing personal data. This includes
Human Resources staff. I can confirm however that all Human Resources
staff that has access to personal data has been trained with the exception
of those on maternity or long-term sick leave.

 

I trust we have met your information requirements at this time. We believe
that this request is now complete and shall be closed immediately. Should
any further information be requested regarding this topic, a separate
request will need to be submitted.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

 

 

 

Andrea Hughson

Rheolwr Cofnodion a Chydymffurfiaeth

Records & Compliance Manager

 

 

 

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Management. Our complaints procedure is available on request or on our
website.

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone 01625 545 700

[1]www.informationcommissioner.gov.uk

 

 

_________________________________________

 

Powys County Council

Information Management

Unit 29, Ddole Road Enterprise Park

Llandrindod Wells

Powys

LD1 6DF

01597 827512

 

[2]http://www.powys.gov.uk/index.php?id=46&...

 

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Dear Powys Council,

Further to my previous FOI request.

Can you please provide information that confirms that all staff with access to personal data, employed by Powys County Council have completed the relevant training as specified in the Commissioner's Enforcement Notice.

I understand that the update was presented to the Council's meeting and therefore should be available.

Yours faithfully,

Martin Draper

Freedom of Information Queries (CSP - Generic), Powys County Council

March 6, 2013

 

Person Dealing:   Andrea Hughson

Direct Dial:      01597 827512

 

Dear Mr. Draper,

 

FREEDOM of INFORMATION ACT 2000

Reference No: F-2013-00181

 

Thank you for your request for information, received at this office on
March 6, 2013, in which you requested information that confirms that all
staff with access to personal data, employed by Powys County Council have
completed the relevant training as specified in the Commissioner's
Enforcement Notice.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

The due date for responding to this request for information is April 5,
2013.

 

Should you need to discuss this further please contact the officer dealing
with your request as identified at the beginning of this letter or
Information Management on 01597 827512 / 7513.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

 

 

 

Andrea Hughson

Rheolwr Cofnodion a Chydymffurfiaeth

Records & Compliance Manager

 

_________________________________________

 

Powys County Council

Information Management

Unit 29, Ddole Road Enterprise Park

Llandrindod Wells

Powys

LD1 6DF

01597 827512

 

http://www.powys.gov.uk/index.php?id=46&...

 

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Dear Freedom of Information Queries (CSP - Generic),

I have not received a response to my request or any explanation as to why it is delayed. I believe my response was due on 5th April 2013.

If I do not receive a response, I will have no alternative other than to bring this to the attention of the Information Commissioner.

Yours sincerely,

Martin Draper

Dear Powys Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Powys Council's handling of my FOI request 'IC's Enforcement Action'.

I have not received a response to my request within the time you are allowed. Despite a prompt, you have failed to respond or afford me the courtesy of an acknowledgement to my email. I therefore believe that Powys Council is failing to respond to its duties under the Freedom of Information law.

I have been told by the Information Commissioner that I should request a review of the handling of my request if I am not satisfied with your service.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ic...

Yours faithfully,

Martin Draper

Freedom of Information Queries (CSP - Generic), Powys County Council

Dear Mr Draper,

Thank you for your e-mail regarding the request you made for information under the Freedom of Information Act VIZ: Information confirming that all staff with access to personal data, employed by Powys County Council have completed the relevant training as specified in the Commissioner's Enforcement Notice (PCC REF: F-2013-00181).

I apologise in the first instance that you did not receive an acknoledgement to your e-mail received at this office on Tuesday the 9th April;I apologise too for the delay you have experienced waiting to receive the information you requested. I acknowledge that Powys County Council has failed in its obligation under the Freedom of Information Act 2000, to provide you with a response to your request within the statutory timescale of 20 working days. Please accept my apologies for this and for any inconvenience this may have caused.

I have contacted the officer tasked with providing a response to your enquiry and await a response which I will forward to you immediately upon receipt. However, I appreciate this is not acceptable and you have the right to request a review.

Yours sincerely.

Gwen Middleton

Senior Records and Compliance Assistant
01597 827513

Information Management
29 Ddole Road Enterprise Park
Llandrindod Wells
LD1 6DF

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Freedom of Information Queries (CSP - Generic), Powys County Council

Person dealing: To be confirmed

Dear Mr Draper,

FREEDOM of INFORMATION ACT 2000
Reference No: F-2013-00181

REQUEST: Please provide information confirming that all staff with access to personal data, employed by Powys County Council have completed the relevant training as specified in the Commissioner's Enforcement Notice.

Further to my e-mail yesterday in response to your request for a review to be carried out by Powys County Council into the delay in providing a response to the above request made by yourself on the 5th March 2013, I can confirm that a review has been requested and will be carried out.

Your complaint will be considered and you will receive a response within 20 working days as defined by the Council's Freedom of Information Complaints Policy. In some circumstances we may be unable to achieve this deadline. If this is likely you will be informed and given a revised time-scale at the earliest opportunity. The due date for this review is Thursday 9th May 2013.

I regret the delay you have experienced with this request and the dissatisfaction you have expressed. This matter has been referred to the Senior Information Risk Owner for review.

Should you need to discuss this further please contact the officer dealing with your complaint as identified at the beginning of this letter or Information Management on 01597 827512/7513.

Yours sincerely,

Gwen Middleton
Senior Records and Compliance Assistant
01597 827513

Information Management
29 Ddole Road Enterprise Park
Llandrindod Wells
LD1 6DF

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Freedom of Information Queries (CSP - Generic), Powys County Council

Dear Mr Draper,

You requested that a review be carried out into the handling of the request you made for information to Powys County Council under the Freedom of Information Act 2000.

REQUEST REFERENCE: F-2013-00181:

You asked for information confirming that all staff
with access to personal data, employed by Powys County Council have
completed the relevant training as specified in the Commissioner's
Enforcement Notice.

This is to inform you that the review will be carried out by Information Security Officer, Debra Jarvis.

Kind regards,


Gwen Middleton
Senior Records and Compliance Assistant
01597 827513

Information Management
29 Ddole Road Enterprise Park
Llandrindod Wells
LD1 6DF

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Freedom of Information Queries (CSP - Generic), Powys County Council

 

24^th April 2013

 

Person Dealing:     Bronwyn Curnow

Direct Dial:               01597 827512

 

FREEDOM OF INFORMATION ACT 2000

Reference No: F-2013-00181

 

Dear Mr. Draper,

 

Thank you for your request for information dated 5^th March 2013
concerning your previous requests into the Council’s compliance with the
Enforcement Notice issued by the Information Commissioner, in relation to
the training of staff with access to personal data.

 

I regret the delay you have experienced with this request. I acknowledge
that Powys County Council has failed in its obligation under the Freedom
of Information Act 2000, to provide you with a response to your request
within the statutory timescale of 20 working days. Please accept my
apologies for this and for any inconvenience this may have caused. 

This is to inform you that your request has been considered and I can
provide the following response:

 

Further to my previous FOI request.

 

Can you please provide information that confirms that all staff with
access to personal data, employed by Powys County Council have completed
the relevant training as specified in the Commissioner's Enforcement
Notice.

    

I understand that the update was presented to the Council's meeting and
therefore should be available.

 

The September meeting which was referred to within a previous response
(F2012-00536) August 2012 was not provided with the updated training
figures.

 

However records indicate that the figures collated in anticipation of
being provided to the meeting were as follows;

 

DPA Training

+------------------------------------------------------------------------+
|  |Total Trained|Total Requiring|Percentage|
| | |training |completion|
|-------------------------------+-------------+---------------+----------|
|ICT & Customer Services |60 |76 |78.9 |
|-------------------------------+-------------+---------------+----------|
|Human Resources |25 |25 |100.0 |
|-------------------------------+-------------+---------------+----------|
|Schools Services |154 |260 |59.2 |
|-------------------------------+-------------+---------------+----------|
|Regeneration and Development |106 |108 |98.1 |
|-------------------------------+-------------+---------------+----------|
|Adult Care |856 |912 |93.9 |
|-------------------------------+-------------+---------------+----------|
|Finance and Corporate |140 |143 |97.9 |
|Performance | | | |
|-------------------------------+-------------+---------------+----------|
|Housing and Public Protection |160 |197 |81.2 |
|-------------------------------+-------------+---------------+----------|
|Local and Environmental |77 |86 |89.5 |
|Services | | | |
|-------------------------------+-------------+---------------+----------|
|Leisure and Recreational |283 |291 |97.3 |
|Services. | | | |
|-------------------------------+-------------+---------------+----------|
|Children Services |235 |245 |95.9 |
|-------------------------------+-------------+---------------+----------|
|Business & Performance Unit |383 |390 |98.2 |
|-------------------------------+-------------+---------------+----------|
|Legal, Scrutiny and Demographic|43 |43 |100.0 |
|Services * | | | |
|-------------------------------+-------------+---------------+----------|
|Total |2522 |2776 |90.9 |
|-------------------------------+-------------+---------------+----------|
|Including Face to face training|2819 |3073 |92.0% |
|of 297 staff** | | | |
+------------------------------------------------------------------------+

* No updated figures for September 2012

** Some training was provided face to face as not all staff access
computer systems

ICT Training

+------------------------------------------------------------------------+
|  |Total Trained|Total Requiring|Percentage|
| | |training |completion|
|-------------------------------+-------------+---------------+----------|
|ICT & Customer Services |51 |76 |67.1 |
|-------------------------------+-------------+---------------+----------|
|Human Resources |25 |25 |100.0 |
|-------------------------------+-------------+---------------+----------|
|Schools Services |145 |260 |55.8 |
|-------------------------------+-------------+---------------+----------|
|Regeneration and Development |106 |108 |98.1 |
|-------------------------------+-------------+---------------+----------|
|Adult Care |853 |912 |93.5 |
|-------------------------------+-------------+---------------+----------|
|Finance and Corporate |139 |143 |97.2 |
|Performance | | | |
|-------------------------------+-------------+---------------+----------|
|Housing and Public Protection |157 |197 |79.7 |
|-------------------------------+-------------+---------------+----------|
|Local and Environmental |80 |86 |93.0 |
|Services | | | |
|-------------------------------+-------------+---------------+----------|
|Leisure and Recreational |280 |291 |96.2 |
|Services. | | | |
|-------------------------------+-------------+---------------+----------|
|Children Services |232 |245 |94.7 |
|-------------------------------+-------------+---------------+----------|
|Business & Performance Unit |382 |390 |97.9 |
|-------------------------------+-------------+---------------+----------|
|Legal, Scrutiny and Demographic|43 |43 |100.0 |
|Services * | | | |
|-------------------------------+-------------+---------------+----------|
|Total |2493 |2776 |89.9 |
|-------------------------------+-------------+---------------+----------|
|Including Face to face training|2790 |3073 |91.0% |
|of 297 staff** | | | |
+------------------------------------------------------------------------+

 

* No updated figures for September 2012

 

** Some training was provided face to face as not all staff access
computer systems

 

This information supplied reflects the position on staff training as at
September 2012. Again at that time, based upon the information recorded by
Powys County Council it was established that that there was a number of
staff which had not completed mandatory training. This is considered to be
due to a number of factors including long term sickness, maternity leave
etc.

 

As previously stated the recording of staff leaving and starting within
the Authority against those undertaking training is a continually evolving
document, and can only represent a given period within time. Records
indicate that the figures provided above were at the 10^th September 2012.

 

In order to meet the challenges of information security, management and
risk, alongside the need to develop more efficient methods of working in
today’s financial climate, then the Council is looking to undertake a
number of activities in order to develop and monitor policies and
practices in respect of all information held by the Council. As part of
this work and in order to secure its continued compliance, the Council has
decided, over the forthcoming months, to revisit those processes developed
in 2011 to comply with the ICO Enforcement Notice.

 

I trust the above information meets your information requirements at this
time. We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

 

 

 

 

Bronwyn Curnow

Rheolwr Cofnodion a Chydymffurfiaeth

Records & Compliance Manager

 

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Management. Our complaints procedure is available on request or on our
website.

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone 01625 545 700

[1]www.informationcommissioner.gov.uk

 

 

________________________________________

 

Powys County Council

Information Management

Unit 29, Ddole Road Enterprise Park

Llandrindod Wells

Powys

LD1 6DF

01597 827512

 

[2]http://www.powys.gov.uk/index.php?id=46&...

 

 

 

Clive Rees

Records and Compliance Assistant

Unit 29

Ddole Road Enterprise Park

Llandrindod Wells

LD1 6DF

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Freedom of Information Queries (CSP - Generic), Powys County Council

Freedom of Information Act 2000

Request: F-2013-000181

 

Officer Dealing: Debra Jarvis, Information Security Officer

Direct Dial: 01597 827510

 

Date: 08 May 2013

 

Dear Mr Draper,

 

Further to your request for an internal review of Powys County Council’s
handling of your recent Freedom of Information request, in relation to
providing up to date information that confirms that all staff with access
to personal data that are employed by Powys County Council have completed
the training specified in the Information Commissioners Enforcement
notice.  Please be advised that I have now concluded my investigation into
the actions taken by the Council.

 

Firstly, please accept my apologies on behalf of Powys County Council for
the delay in responding to your request.

 

Secondly, I find that Powys County Council failed to respond to your
Freedom of Information request within the statutory timescale of twenty
working days, and therefore has breached Section 10(1) of the Act.

 

During the course of my investigation it has been established that the
tasking emails issued to identify and gather the information allowing the
Council to respond to your request within timescales, were not actioned as
promptly as they should have been.

 

The service areas affected have been advised to introduce new practices in
an attempt to prevent a reoccurrence, and that all staff involved in
information requests must be aware of the obligations placed upon the
Council in relation to requests from the public for access to information.

 

Once again please accept our apologies for this failure.

 

Should you need to discuss this matter further then please do not hesitate
to contact me.

 

I trust we have met your requirements with a satisfactory explanation as
to the circumstances that lead to our failure to respond to your request
within timescales.

 

Should you remain dissatisfied with the service you have received from
Powys County Council you can make an appeal to the Information
Commissioner, who is the statutory regulator. The Information Commissioner
can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone 01625 545 700

[1]www.informationcommissioner.org.uk

 

 

Yours sincerely,

 

 

 

Debra Jarvis

Information Security Officer

 

 

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References

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1. http://www.informationcommissioner.org.uk/