Legal document served and refused at Grimsby Magistrates court – claimed previous email attachment contained virus

The request was partially successful.

fFaudwAtch UK (Account suspended)

Dear Ministry of Justice,

Below is contained in correspondence dated 2 March 2016 from Grimsby Magistrates' court in relation to an information served by email attachment.

" I note that you have attached a document to your e-mail. I have been advised by a member of the IT department not to open the attachment, due to the fact that an attachment in a previous email contained a virus. "

I would like disclosing all instances of computer virus issues recorded by the IT department at Grimsby Magistrates' court between December 2015 and March 2016 with a brief description of each threat.

Yours faithfully,

fFaudwAtch UK

Data Access & Compliance Unit, Ministry of Justice

Please note, under section 8(1) of FOIA, a request for
information must comply with three requirements. It must:

(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.

I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.
To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.
You can find out more about Section 8 by reading the extract from the Act available at the attached link:
http://www.legislation.gov.uk/ukpga/2000...

Many Thanks

Laura

show quoted sections

fFaudwAtch UK (Account suspended)

Dear Data Access & Compliance Unit,

Yours sincerely,

fFaudwAtch UK AKA N Gilliatt

MoJ ICT FOI/PQ, Ministry of Justice

1 Attachment

Dear N Gilliatt,

 

Please find attached our response to your request for information from the
Ministry of Justice.

 

Yours sincerely

 

Interim Knowledge Information Liaison Officer | MoJ Digital & Technology

102 Petty France | London | SW1H 9AJ | Ministry of Justice

[1]https://www.gov.uk/government/organisati...

Creating a safe, just and democratic society

 

"I am not authorised to bind the Ministry of Justice contractually, nor to
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means".

 

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

References

Visible links
1. https://www.gov.uk/government/organisati...

fFaudwAtch UK (Account suspended)

Dear Ministry of Justice,

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

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Legal document served and refused at Grimsby Magistrates court – claimed previous email attachment contained virus'.

I would like the MoJ to consider whether the public interest is better served by disclosing the information, knowing that a person who has been dealing with the body believes that on the balance of probabilities he is being lied to, and the disclosure may help provide a solution as to whether there are grounds for that belief.

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

Yours faithfully,

fFaudwAtch UK

MoJ ICT FOI/PQ, Ministry of Justice

1 Attachment

Dear Mr Gilliatt,

 

Please find attached our Internal Review outcome. 

 

Yours sincerely

 

Sarah

 

Sarah Wood | Knowledge Information Liaison Officer | MoJ Digital &
Technology

102 Petty France | London | SW1H 9AJ | Ministry of Justice

[1]https://www.gov.uk/government/organisati...

Creating a safe, just and democratic society

 

"I am not authorised to bind the Ministry of Justice contractually, nor to
make representations or other statements which may bind the Ministry of
Justice in any way via electronic means".

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

References

Visible links
1. https://www.gov.uk/government/organisati...

fFaudwAtch UK (Account suspended) left an annotation ()

Complaint to Information Commissioner's Office for the Ministry of Justice's mishandling of this freedom of information request.

Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow
Cheshire, SK9 5AF

7 July 2016

Dear Sir/Madam

RE: INDEPENDENT REVIEW OF FOI REQUEST TO MOJ – REF: FOI / 105895

I made a freedom of information request to the Ministry of Justice (the ‘MoJ’) on 12 June 2016. The details can be found on the “what do they know” website at the following address:

https://www.whatdotheyknow.com/request/l...

“Legal document served and refused at Grimsby Magistrates court – claimed previous email attachment contained virus”

On 21 June 2016 the MoJ gave notice that it held the requested information but was refusing to disclose it on the basis that releasing the information would be likely to prejudice the prevention or detection of crime (section 31(1) (a) of the Act). In considering whether it would be in the public interest to provide the information it concluded that the public interest favoured withholding it.

A request for internal review was submitted on 21 June 2016, and it explained why it was my opinion that the application of Section 31(1)(a) was not appropriate as the public interest would be better served by disclosing the information, on the basis that a person who has been dealing with the body believed that on the balance of probabilities he had been lied to, and the disclosure may help provide a solution as to whether there were grounds for that belief.

In its letter on 7 July 2016, the MoJ concluded that the response was compliant with the FOIA.

For the public to have confidence in the administration of the courts, it is essential that those working within the system are accountable and for that reason think it warranted that the expertise of the Information Commissioner is called on to review this.

Yours sincerely

Neil Gilliatt (Account suspended) left an annotation ()

The Commissioner has investigated the MoJ’s application of section 31(3) (law enforcement) of the FOIA (neither confirmed nor denied holding the requested information) and concluded that the MoJ was entitled to rely on this exemption to withhold the information. She requires no steps to be taken.

Will link to the Decision Notice when available on the ICO website.

Neil Gilliatt (Account suspended) left an annotation ()

For some reason the Decision Notice is not available on the ICO website. It can alternatively be viewed here:

https://www.scribd.com/document/33410856...

Neil Gilliatt (Account suspended) left an annotation ()

Notice of Appeal to the First-tier Tribunal (Information Rights) against the Information Commissioner Office (ICO) Decision Notice FS50636926

https://www.scribd.com/document/33411906...

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