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LandSearch

P. Gradwell made this Environmental Information Regulations request to Southern Water Services Limited
You only have a right in law to access information about the environment from this authority
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Dear Southern Water Services Limited,

1. Please provide information (including documents in which said information is recorded) outlining the legal and or any other relationship between Southern Water Services Limited (“SWSL”) and ‘LandSearch’ (“LS”). For the avoidance of doubt, any reference to ‘documents’ in this request and the further requests for information below is a reference to documents such as emails, minutes of meetings or discussions other internal exchanges and other similar items. I take this opportunity to refer you to Article 2(1)(c) of the Environmental Information Regulations 2004 (“EIR”) which necessitates your response to this question.

2. Please provide copies of any licence agreements or any documents relating to the commercial or other relationship or arrangements that may be in place between SWSL and LS and which relate to personal searches and or the provision of CON29DW and other information commonly required by the purchaser of a residential or commercial property. Again I refer you to Article 2(1)(c) of the Environmental Information Regulations 2004 (“EIR”) which necessitates your response to this question.

3. If any licence agreement or other documents provided in response to request 2 above do not provide information on the charges levied or profits shared (if any) as between LS and SWSL, please provide information (including documents in which said information is recorded) setting out the details of said charges levied or payments made and or profits shared for the last 3 years and confirm whether any charges levied are subject to VAT. Again I refer you to Article 2(1)(c) of the Environmental Information Regulations 2004 (“EIR”) which necessitates your response to this question.

4. Please confirm whether the environmental information that is called to the screen at the point when a Personal Search Company conducts a personal search via the kiosk computer is different to the environmental information that is available on SWSL’s internal computer systems. I.e. is there any difference in the information that Personal Search Company’s can access via the kiosk and the information on your internal systems that is used to populate CON29DW’s by and/or for LS.

For example, please would you provide information (including documents in which said information is recorded) which shows:

i. Whether or not the information provided via the kiosk computer for a search is derived from older information or data compared with the information available on your internal systems, and;

ii. Whether any information available on the kiosk computer is subject to any process of deletion, redaction or amendment by comparison to the information that would be called up on your internal computer systems for the same search and if so what, and;

iii. Whether the information called up at the point of search for the same search conducted on a kiosk and an internal computer is from the same source or data set, or;

iv. whether any mapping that is provided for the Kiosk computer is different (e.g. a different scale, zoomed in, different key information displayed etc) to that on the internal computer system, or;

v. whether a different software is used on the kiosk computer compared to the internal computer system.

5. When conducting a personal search, third parties are required by notices in the kiosk to input certain information into the computer regarding the searches they are undertaking. Please provide information (including documents in which said information is recorded) that shows exactly how and for what SWSL uses that information including details of whether or not SWSL shares it with LS and any third party and in particular whether SWSL or LS uses any of that information for their own direct or indirect marketing or any other commercial purposes.

6. We understand that third parties are required to book a half hour appointment at SWSL’s offices to access source information and data when conducting a personal search. Please let us have information (including documents in which said information is recorded) that shows what restrictions – if any – apply to LS when accessing information and data held and compiled by SWSL.

7. Please confirm, (including relevant documents in which supporting information is recorded) whether there are any technical and/or other reasons why information that is held by SWSL and/or LS in its underlying registers or databases for the purpose of completing CON29DWs for both residential and commercial property cannot be provided in any form other than as a completed CON29DW? For example can the relevant information on the register or database be printed directly or cut and pasted into an email or word/ excel documents format or saved as an attachment (or similar) and given to the consumer that way, rather than in a CON29DW?

Yours faithfully,

P. Gradwell

Southern Water Services Limited

Dear Customer,

 

Thanks for your email. We’re on the case and will respond within 10
working days.

 

If you need to contact us, call 0330 303 0277 (Calls charged at local
rate) between 8am–7pm, Monday to Friday and from 8.30am–2pm on Saturdays,
or check out our website [1]https://www.southernwater.co.uk/

 

Please don’t reply as this is an automatic message.

 

Thanks,

The Southern Water Customer Service team

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Southern Water Services Limited

[FOI #557536 email] Date: 29 March 2019
Contact: 0330 303 1271
Ref: 8001624063
 
 
 
 
 

Dear P Gradwell

 

The Environmental Information Regulations 2004

Request for Information

 

Thank you for your request for information which we received on 1 March
2019. We have dealt with your request under the Environmental Information
Regulations 2004. This letter provides the response to your request, which
reads as follows:

 

 1. Please provide information (including documents in which said
information is recorded) outlining the legal and or any other
relationship between Southern Water Services Limited (“SWSL”) and
‘LandSearch’ (“LS”). For the avoidance of doubt, any reference to
‘documents’ in this request and the further requests for information
below is a reference to documents such as emails, minutes of meetings
or discussions other internal exchanges and other similar items. I
take this opportunity to refer you to Article 2(1)(c) of the
Environmental Information Regulations 2004 (“EIR”) which necessitates
your response to this question.
2. Please provide copies of any licence agreements or any documents
relating to the commercial or other relationship or arrangements that
may be in place between SWSL and LS and which relate to personal
searches and or the provision of CON29DW and other information
commonly required by the purchaser of a residential or commercial
property. Again I refer you to Article 2(1)(c) of the Environmental
Information Regulations 2004 (“EIR”) which necessitates your response
to this question.

3. If any licence agreement or other documents provided in response to
request 2 above do not provide information on the charges levied or
profits shared (if any) as between LS and SWSL, please provide
information (including documents in which said information is
recorded) setting out the details of said charges levied or payments
made and or profits shared for the last 3 years and confirm whether
any charges levied are subject to VAT. Again I refer you to Article
2(1)(c) of the Environmental Information Regulations 2004 (“EIR”)
which necessitates your response to this question.

4. Please confirm whether the environmental information that is called
to the screen at the point when a Personal Search Company conducts a
personal search via the kiosk computer is different to the
environmental information that is available on SWSL’s internal
computer systems. I.e. is there any difference in the information that
Personal Search Company’s can access via the kiosk and the information
on your internal systems that is used to populate CON29DW’s by and/or
for LS.

For example, please would you provide information (including documents
in which said information is recorded) which shows:
            

i. Whether or not the information provided via the kiosk computer for a
search is derived from older information or data compared with the
information available on your internal systems, and;
ii. Whether any information available on the kiosk computer is subject to
any process of deletion, redaction or amendment by comparison to the
information that would be called up on your internal computer systems for
the same search and if so what, and;

iii. Whether the information called up at the point of search for the same
search conducted on a kiosk and an internal computer is from the same
source or data set, or;

iv. whether any mapping that is provided for the Kiosk computer is
different (e.g. a different scale, zoomed in, different key information
displayed etc) to that on the internal computer system, or;

v. whether a different software is used on the kiosk computer compared to
the internal computer system.

5. When conducting a personal search, third parties are required by
notices in the kiosk to input certain information into the computer
regarding the searches they are undertaking. Please provide information
(including documents in which said information is recorded) that shows
exactly how and for what SWSL uses that information including details of
whether or not SWSL shares it with LS and any third party and in
particular whether SWSL or LS uses any of that information for their own
direct or indirect marketing or any other commercial purposes.

6. We understand that third parties are required to book a half hour
appointment at SWSL’s offices to access source information and data when
conducting a personal search. Please let us have information (including
documents in which said information is recorded) that shows what
restrictions – if any – apply to LS when accessing information and data
held and compiled by SWSL.

7. Please confirm, (including relevant documents in which supporting
information is recorded) whether there are any technical and/or other
reasons why information that is held by SWSL and/or LS in its underlying
registers or databases for the purpose of completing CON29DWs for both
residential and commercial property cannot be provided in any form other
than as a completed CON29DW? For example can the relevant information on
the register or database be printed directly or cut and pasted into an
email or word/ excel documents format or saved as an attachment (or
similar) and given to the consumer that way, rather than in a CON29DW?

 

Southern Water’s response to your request, following your numbering is as
follows:-

 

 1. We do not consider that the information you have requested is
environmental information as set out in Regulation 2(1) of the
Regulations.  We note you state that Article 2(1)(c) of the EIR
necessitates our response to questions 1, 2 & 3.  We assume you refer
to Regulation 2(1)(c) of the Regulations which states that the
definition of environmental information includes “measures (including
administrative measures), such as policies, legislation, plans,
programmes, environmental agreements, and activities affecting or
likely to affect the elements and factors referred to in (a) and (b)
[of Regulation 2] as well as measures or activities designed to
protect those elements”.  We do not consider that information relating
to the internal company structure of Southern Water and/or the
commercial arrangements / technical processes around Southern Water's
provision of CON29DW information fulfils this definition.  Accordingly
there is no obligation on Southern Water to search for or disclose
this information under the Regulations. However, we are able to
confirm that LandSearch is not a separate company.  It is a team
within Southern Water.

 

 2. Please refer to our response to Question 1 above which we repeat here,

 

 3. Again, we refer you to our response to Question 1.

 

 4. We do not consider that the information you have requested is
environmental information as set out in Regulation 2(1) and
accordingly there is no obligation on Southern Water to disclose it. 
However, in the interests of transparency we can confirm that the same
data source is used to update the visitors' terminal and our internal
system.

 

 5. We do not consider that the information you have requested is
environmental information as set out in Regulation 2(1) and
accordingly there is no obligation on Southern Water to disclose it. 
However, we are able to confirm that no data is captured through or
stored by the visitors’ terminal.  During their appointment, users of
our visitors’ terminal are only asked to provide the address of the
premise that they are enquiring about.  Southern Water does not use
this information for their own direct or indirect marketing or any
other commercial purpose.

 

 6. We do not consider that the information you have requested is
environmental information as set out in Regulation 2(1) and
accordingly there is no obligation on Southern Water to disclose it. 
However, we are able to explain how the visitors’ terminal is managed.
Southern Water allows bookings of up to 2 hours and asks that users
ensure that they have a 30 minute break after this period before
returning to the terminal.  Whilst Southern Water does not have any
specific obligation to users of the terminal, the 2 hour maximum has
been put in place to encourage users to take appropriate breaks.  The
booking system allows users to request appointments and these are
allocated on a first-come-first-served basis.  There is no limit on
the number of hours that may be requested.

 

 7. We do not consider that the information you have requested is
environmental information as set out in Regulation 2(1) and
accordingly there is no obligation on Southern Water to disclose it. 
Your request assumes that all information requested to complete a
CON29DW for both residential and commercial property should be
provided by Southern Water.  We are not able to provide all of the
data required to complete CON29DWs in response to an EIR request, for
the following reasons:-

 

·         Not all of the information that you would need to see to answer
every CON29DW question fulfils the definition of “environmental
information” contained in the Regulations. For example, whether a
particular property is charged for a particular service would not
constitute environmental data.

 

·         Some of the information would fall within the categories of data
which are exempt from the duty of disclosure under the Regulations (e.g.
the personal data of our customers).

 

·         Some of the information required is already publicly available
and so would not have to be disclosed by another means.

 

·         We are not required to create new information, i.e. where the
answer to a CON29DW question is not held in a recorded form or cannot be
established from viewing disclosable data we are not obliged to create the
information (e.g. by interrogating different sources in order to formulate
the answer to the CON29DW question).

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within forty working days of the date of receipt of this
response and should be addressed to Robin Churchill, Southern Water
Services Ltd, Southern House, Yeoman Road, Worthing, West Sussex BN13 3NX.

   

If you are dissatisfied with the outcome of the internal review, you can
apply, without charge, to the

Information Commissioner, who will consider whether Southern Water has
complied with its obligations under the Regulations, and can require
Southern Water to remedy any problems. You can find out more about how to
do this, and about the Regulations in general, on the Information
Commissioner’s website at: [1]www.ico.org.uk. Complaints to the
Information Commissioner can be made via the "report a concern" section of
the Information Commissioner's website.

 

Please do not hesitate to contact me if you have any queries.

 

 

Yours sincerely

 

Dawn Gibbs

Customer Relations Manager

This e-mail is intended solely for the person or organisation to which it
is addressed. It may contain privileged and confidential information. If
you are not the intended recipient, you are prohibited from copying,
disclosing or distributing this e-mail or its contents (as it may be
unlawful for you to do so) or taking any action in reliance on it. If you
receive this e-mail by mistake, please delete it then advise the sender
immediately. Without prejudice to the above prohibition on unauthorised
copying and disclosure of this e-mail or its contents, it is your
responsibility to ensure that any onward transmission, opening or use of
this message and any attachments will not adversely affect your or the
onward recipients' systems or data. Please carry out such virus and other
such checks as you consider appropriate. An e-mail reply to this address
may be subject to monitoring for operational reasons or lawful business
practices. This e-mail is issued by Southern Water Services Limited,
company number 2366670, registered in England and having its registered
office at Southern House, Yeoman Road, Worthing, BN13 3NX, England. In
sending this e-mail the sender cannot be deemed to have specified
authority and the contents of the e-mail will have no contractual effect
unless (in either case) it is otherwise agreed between Southern Water
Services Limited and the recipient.

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