Letter from Telecoms European Commissioner Viviane Reding's Office

Paul Hancocks made this Freedom of Information request to Department for Business, Enterprise and Regulatory Reform

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Dear Sir or Madam,

Please release the third letter received from the above EC office, relating to questions about the interception of private communication by BT plc (Phorm BT Webwise trials 2006 & 2007, and possibly also relating to the subsequent trials of the system in 2008 by BT where they attempted to obtain consumer consent legally)

I refer to the letter discussed in the story published online here: http://www.theregister.co.uk/2009/02/11/...

I note that requests for previous correspondence from the EU, or in reply to them on this issue, have been denied.

Thank you

Yours faithfully,

Paul Hancocks

Balchin Patrick (BR2),

1 Attachment

  • Attachment

    Reply of 2 March to Paul hancocks FoI request for third letter from the Commission on the Phorm trials.pdf

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Dear Mr Hancocks

Thank for your e-mail requesting information via the Freedom of
Information Act 2000.

Please see the attached reply.

Your sincerely

Patrick Balchin
<<Reply of 2 March to Paul hancocks FoI request for third letter from the
Commission on the Phorm trials.pdf>>
Patrick Balchin,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London
SW1H 0ET
Direct Tel: 0207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

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Dear Balchin Patrick (BR2),

Thank you for the reply to my FOI request.

I would like to appeal against the decision taken not to release the requested information under the FOI act.

The reason for my appeal is that the decision you have taken includes a statement that the department (BERR) does not hold the information requested. It was a somewhat contradictory response.

It appears from information already in the public domain that the letter from the EC I requested visibility of was in fact addressed to BERR. Therefore I think that if you search again you will find the information I have requested. This is why I would like to request a review.

Many thanks once again.

Yours sincerely,

Paul Hancocks

Balchin Patrick (BR2),

1 Attachment

Dear Mr Hancocks.

Thank you for your reply of 5 March 2009 and your request for an internal
review. I would be grateful if you would treat this e-mail as
confirmation that the Department has received the request, and is acting
upon it.

May I take this opportunity to provide a bit of clarification.

Your e-mail stated:

"The reason for my appeal is that the decision you have taken
includes a statement that the department (BERR) does not hold the
information requested. It was a somewhat contradictory response.

It appears from information already in the public domain that the
letter from the EC I requested visibility of was in fact addressed
to BERR. Therefore I think that if you search again you will find
the information I have requested. This is why I would like to
request a review."

May I point out that my reply of 2 March 2009 (paragraph 1 of the reply)
confirms that the Department does hold the information that you
requested. The relevant paragraph is below for your convenience.

[1]Picture (Enhanced Metafile)

Given that the reason you gave for requesting the review was your belief
that the Department does not hold the information, can I invite you to
confirm (or otherwise) whether, in the light of the above, you still wish
the review process to continue?

Your sincerely

Patrick Balchin

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Balchin Patrick (BR2),

1 Attachment

  • Attachment

    Foi 09 0343 Interrnal review decision letter from David Hendon to Paul Hancocks dated 12 March 2009.jpg.pdf

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Dear Mr Hancocks

As I have not received a reply from you to my e-mail of 6 March 2009
asking if you still wanted the review process to continue, we have
continued with the review process.

Further to your e-mail of 5 March 2009 requesting an internal review of
the decision to withhold information that you requested under the Freedom
of Information Act 2000, please find attached a letter from David Hendon,
acting Director General of Enterprise and Business group reviewing the
decision.

Yours sincerely

Patrick Balchin

Patrick Balchin,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London
SW1W 0ET
Direct Tel: 0207 215 1772
E-mail [email address]
[1]http://www.getsafeonline.org/

<<Foi 09-0343 Interrnal review decision letter from David Hendon to Paul
Hancocks dated 12 March 2009.jpg.pdf>>

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Communications via the GSi may be automatically logged, monitored and/or
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References

Visible links
1. http://www.getsafeonline.org/

Dear Balchin Patrick (BR2),

Sincere apologies Patrick, I had sent a reply but it does not appear to have worked. I understood your last letter and it was a very good clarification; I had misread the original detail. Thank you once again.

Yours sincerely,

Paul Hancocks

Balchin Patrick (BR2),

I am away from the office now until Monday morning (10am GMT). Please
note that e-mails are not being forwarded and I will look at your message
on my return.

Best regards,

Patrick

Patrick Balchin
ICT User Impact team and Critical Communications Supply Policy team,
Department for Business, Enterprise and Regulatory Reform,
1 Victoria Street
London SW1H 0ET

direct line : 020 7215 1772
e-mail [email address]

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.