Letter to government organisations after Dransfield case
Dear Information Commissioner’s Office,
1. I would like to read the advice letter or communication sent to organisations subject to FoIA/SAR's after the the Dransfield case (GIA/3037/2011 )and citing it.
My understanding, from one such organisation, is that the ICO encouraged these organisations to pursue vexatiousness in requests and requestors after the case.
I would therefore like to read the exact phrasing of the communication/s since the advice would logically have created more refers from requestors to Tribunals.
:::::
If you can provide statistics for cases in which the ICO vs A Requestor which cite vexatiousness ( either by request, or requestor) for a year before the case - and a year after ....I would be grateful.
I have tried searching the ICO website but with no success.
So I am asking for internal file statistics, as presumably the ICO would wish to monitor the effects of such a case on its performance. And would be remiss if it didn't.
:::::
Overall, my aim is to know how much effect the Dransfield case has had on vexatious exemptions.
And, of consequence, there have been an increased number of Tribunals because of it.
Yours faithfully,
[Name Removed]
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.
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
[2]http://www.ico.org.uk/tools_and_resource...
Find us on Twitter at [3]http://www.twitter.com/ICOnews
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://ico.org.uk/about_us/how_we_comply
2. http://www.ico.org.uk/tools_and_resource...
3. http://www.twitter.com/ICOnews
13 October 2014
Case Reference Number IRQ0555062
Dear [personal information removed] [name removed] Oakley
I am writing in response to your recent request for information, received
17 September. You requested:
[1]. “the advice letter or communication sent to organisations subject to
FoIA/SAR's after the the Dransfield case (GIA/3037/2011 )and citing it.
[…] I would therefore like to read the exact phrasing of the
communication/s”
and
[2]. “statistics for cases in which the ICO vs A Requestor which cite
vexatiousness ( either by request, or requestor) for a year before the
case - and a year after.”
(I have numbered these for convenience).
Having considered your request, and the information we hold, we have
determined that we will require clarification from you as to the
information you require. I will explain why we need clarification from
you, below.
Item [1]: The ICO did not send a letter or communication to all
organisations subject to FOIA/SARs after the Dransfield case you describe.
(Note also that the Dransfield case is relevant only to FOIA matters, so
would not be of relevance to data controllers who are not subject to FOIA
but are only required to respond to SARs). Therefore, if your request
anticipates that the ICO proactively wrote to public authorities (PAs)
about the Dransfield tribunal case, and is asking for a copy of the
letter, then that information is not held.
However as you are aware, and in compliance with the Commissioner’s duty
under section 47 of FOIA, the ICO did publish new guidance on the
application of section 14 of FOIA subsequent to the Dransfield case you
refer to. PAs and other interested bodies were alerted to this by an entry
in the ICO blog, which can be found on the ICO website here:
[1]http://ico.org.uk/news/blog/2013/vexatio...
(Links to the guidance can also be found on the same page).
At the same time, the Deputy Commissioner Graham Smith presented at the
keynote address at the annual FOI conference, and this refers to the
Dransfield case, and the new guidance. The new guidance was also
highlighted in the ICO e-newsletter sent to subscribers in June 2013.
Therefore, we consider that some of the information which we have been
able to identify as within the scope of your request is reasonably
available to you by other means, ie via the link to the ICO website
provided above. We therefore rely on the provisions of section 21 of FOIA
in not providing copies in this response. Copies of the keynote
presentation given by Graham Smith and the e-newsletter for June 2013
referred to above, are attached.
The ICO will also have written to individual PAs when it has accepted a
complaint about them which relates to a refusal of a request as vexatious
under section 14 of FOIA. However, there is no standard letter for this
purpose and the case officer investigating will have prepared a letter
relevant to the specific circumstances of the case. As you know, there
have been numerous cases involving the application of section 14 of FOIA
subsequent to Dransfield, and to locate and provide you with copies of the
letters for each would be a time consuming task. Given that the letters
are case-specific, they are likely to be the personal data of the
complainant, and as such would be exempt from disclosure under section
40(2) of FOIA.
It seems unlikely that these individual casework letters are what you
intended to ask for in part [1] of your request, however if you did intend
to request this information, we will need clarification from you as to
what you are requesting, in light of the above.
In respect of item [2], you ask for statistical information about ‘cases
in which the ICO vs A Requestor which cite vexatiousness ( either by
request, or requestor). We do not understand this part of your request.
Again, I will explain further.
The ICO often serves ‘decision notices’ (DNs), however these are not ‘ICO
vs requester’. If a DN is appealed to the First Tier Tribunal (Information
Rights) (the FTT) then the parties will be ‘requester’ vs ICO or ‘PA vs
ICO’, therefore we consider that, given your later remarks about the
tribunal cases, you may be referring to tribunal cases in which the issue
under appeal was a refusal under s14 which had been upheld in a DN and
therefore appealed by the requester. (For the benefit of clarity, it may
help to note that an appeal case will not be ‘ICO vs requester’, but
rather will be as described above, with the ICO as the ‘respondent’ not
the ‘appellant’).
If that is the case, then you are correct that these will not be found on
the ICO website, because they are published by the FTT itself. Decisions
of the FTT can be found via its search facility, see:
[2]http://www.informationtribunal.gov.uk/Pu...
The facility has the option to search by dates, therefore the information
requested at part [2] of your request is reasonably available to you by
other means and so again we rely on the provisions of section 21 of FOIA
in not providing the information here. Again, if this is not the
information you intended to request, we will require clarification from
you as to what information you are asking us to disclose to you.
If you provide some clarification we will begin to process your clarified
request insofar as the clarification enables us to identify and locate the
information sought. (Under section 1(3) of the Freedom of Information Act
(FOIA), a public authority need not comply with a request unless any
further information reasonably required to locate the information is
supplied).
This concludes our response to your request. I hope this is of help to
you. If you are dissatisfied with the response you have received and wish
to request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Access team
at the address below or e-mail [3][email address]
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the
Commissioner.
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation. To make such an application, please write
to the Customer Contact department, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
A copy of our review procedure is available [4]here.
Yours sincerely
Steven Dickinson Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [5]www.ico.org.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://ico.org.uk/news/blog/2013/vexatio...
2. http://www.informationtribunal.gov.uk/Pu...
3. mailto:[email address]
4. http://www.ico.gov.uk/about_us/~/media/d...
5. http://www.ico.org.uk/
Dear Information Commissioner’s Office,
None of the links work on this.
Information Commissioner’s Office (ICO) E-newsletter, June 2013
In the circumstances , could you please just provide the relevant texts.
Thank you.
Yours faithfully,
[Name Removed]
Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.
If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.
Please note that 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 ‘[1]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 want an internet search provider to remove a link to information
about you – it will be a little longer before we can respond. We are
currently considering the implications of the recent decision by the Court
of Justice of the European Union and will contact you again in the next
six weeks.
Please note that we will not look at requests to remove internet search
results unless you have first asked the search provider. You should also
send us copies of all related correspondence.
If you have requested advice - we aim to respond within 14 days.
If you have made a request for information held by the ICO - we will
contact you as soon as possible if we need any more information to answer
your request. If we don't need any more information we will respond to you
within our published, and statutory, service levels. For more information
please see our webpage [2]'access information about the ICO' (go to our
homepage and follow the link for ‘about the ICO’).
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
‘[3]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.
If you have a matter you would like to discuss with us, please call our
helpline on 0303 123 1113 (local rate).
Yours faithfully
The Information Commissioner’s Office
Our newsletter
Details of how to sign up for our monthly e-newsletter can be found at
[4]http://www.ico.org.uk/tools_and_resource...
Find us on Twitter at [5]http://www.twitter.com/ICOnews
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://ico.org.uk/for_the_public/raising...
2. http://ico.org.uk/about_us/how_we_comply
3. http://ico.org.uk/about_us/how_we_work/s...
4. http://www.ico.org.uk/tools_and_resource...
5. http://www.twitter.com/ICOnews
14 October 2014
Case Reference Number IRQ0555062
Dear [personal information removed] [name removed] Oakley
Thank you for your message. It appears that the software used to convert
the archive copy of the e-newsletter into pdf format has disabled the
hyperlinks. Please find a copy attached in Word format which preserves the
hyperlinks.
I hope this is of help to you.
Yours sincerely
Steven Dickinson Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [1]www.ico.org.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://www.ico.org.uk/
Dear Information Commissioner’s Office,
Thank you. I can read it.
Yours faithfully,
[Name Removed]
Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.
If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.
Please note that 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 ‘[1]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 want an internet search provider to remove a link to information
about you – it will be a little longer before we can respond. We are
currently considering the implications of the recent decision by the Court
of Justice of the European Union and will contact you again in the next
six weeks.
Please note that we will not look at requests to remove internet search
results unless you have first asked the search provider. You should also
send us copies of all related correspondence.
If you have requested advice - we aim to respond within 14 days.
If you have made a request for information held by the ICO - we will
contact you as soon as possible if we need any more information to answer
your request. If we don't need any more information we will respond to you
within our published, and statutory, service levels. For more information
please see our webpage [2]'access information about the ICO' (go to our
homepage and follow the link for ‘about the ICO’).
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
‘[3]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.
If you have a matter you would like to discuss with us, please call our
helpline on 0303 123 1113 (local rate).
Yours faithfully
The Information Commissioner’s Office
Our newsletter
Details of how to sign up for our monthly e-newsletter can be found at
[4]http://www.ico.org.uk/tools_and_resource...
Find us on Twitter at [5]http://www.twitter.com/ICOnews
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://ico.org.uk/for_the_public/raising...
2. http://ico.org.uk/about_us/how_we_comply
3. http://ico.org.uk/about_us/how_we_work/s...
4. http://www.ico.org.uk/tools_and_resource...
5. http://www.twitter.com/ICOnews
Dear casework,
Thank you - but there is no place to enter the term 'Dransfield' on the website referred to above.
I would have to go though each case and read them all.
But I am somewhat surprised that there is no easier way of assessing a case impact.
Are you stating that the ICO has no idea of the impact made by the Dransfield case - and keeps no statistics about it?
Surely one of the ICO's managers must have taken an interest. It would seem very odd to me if the ICO was totally disinterested in the impact of the case.
But if the term 'Dransfield' is not possible to use, could you please check and see how many cases the ICO processed using Section 14 in the year before the case - and the year after.
Surely this sort of statistic would be kept by someone - as it would seem poor management not assess casework loads and the use, or non-use , of the various Sections.
Also are there any speech notes available accompanying the PowerPoint presentation referred to above?
Surely Graham Smith must have said something?
Yours sincerely,
[Name Removed]
[Name Removed] (Account suspended) left an annotation ()
Because the request is asking whether or not the ICO is keeping any stats on cases relating to vexatiousness.
If so, what are they? That's a reasonable question.
No trawling required.
And I am informed that not all decisions are on the website.
Besides, I've found the ICO very helpful when a request is understood.
Tim Turner left an annotation ()
Very few of them are not on the website, and as I understand it the few that are not have been withheld for Data Protection reasons. The overwhelming majority are there. I don't see why it's strange that the ICO isn't keeping tabs on the effect of the Dransfield decision, given that it was made at a higher level and they can't change it or ignore it. They just have to implement it. Why waste time monitoring it when doing so won't change anything? If you think it's worth analysing, you can do it yourself rather than expecting a public servant to do it.
[Name Removed] (Account suspended) left an annotation ()
In both in the public and private organisations in which I have worked, the management of an organisation would normally have those sort of stats.
To me, it would be surprising if they didn't.
Because that's how they understand how an organisation is functioning ....and changing.
For the determination of the 'business' in the widest sense if the word. For example, it's valuable to produce a sensible plan for any increase in certain aspects of training.
If the ICO management hasn't a clue ..then the question must be asked as to how are they monitoring the sort of complaints and decisions with which they are tasked with dealing. And planning for better responses.
16 October 2014
Case Reference Number IRQ0555062
Dear [personal information removed] [name removed] Oakley
Thank you for your clarification, received 16 October. This will be
treated as a new request and an acknowledgement, and new case reference,
will be sent to you shortly.
Yours sincerely
Steven Dickinson Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [1]www.ico.org.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://www.ico.org.uk/
16 October 2014
Case Reference Number IRQ0558300
Dear [personal information removed] [name removed] Oakley
Request for Information
Thank you for your correspondence dated 15 October 2014. In your email,
you have requested:
“how many cases the ICO processed using Section 14 in the year before the
case - and the year after” [1]
and
“any speech notes available accompanying the PowerPoint presentation
referred to above”. [2]
This is a clarification of your previous request, dealt with under our
case reference IRQ0555062. I have numbered the parts for clarity. I shall
state our understanding of your clarified request below, please confirm
that this is your intended meaning, or provide further clarification. If I
don’t hear from you shortly, we will proceed on the basis below:
[1] The number of FOI complaint cases about refusal of request under s14
of FOIA, opened by the ICO in the 12 months preceding the Upper Tribunal
case in Dransfield (GIA/3037/2011 – judgement dated 28 January 2013); and
in the 12 months following that case.
We shall therefore search our records for information on the number of
cases opened (dealt with under the Commissioner’s powers at section 50 of
FOIA), about a refusal of a request as vexatious, for the period 28
January 2012 to 28 January 2013, and for the period 28 January 2013 to 28
January 2014.
[2] Any notes accompanying the powerpoint presentation disclosed to you in
‘pdf’ form in case reference IRQ0555062.
Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond promptly, and no later than 12
November which is 20 working days from the day after we received your
clarification. Please note that the email address to which you sent your
clarification is not the address to which replies should be sent (you
replied to the auto-acknowledgement, not to the response) which meant that
the email was manually forwarded and not received into your case until 16
October.
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case.
Yours sincerely
Steven Dickinson Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [1]www.ico.org.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://www.ico.org.uk/
Dear Information Commissioner’s Office,
Thank you.
My request isn't judgemental.
I would be grateful if you would treat it say....as from a student, with a special interest in the subject of the effect in a change in the law.Or, indeed,' applicant blind'.
If there is any more information concerning the original request:
'Overall, my aim is to know how much effect the Dransfield case has
had on vexatious exemptions.
And, of consequence, there have been an increased number of
Tribunals because of it'.
This means, in effect, are organisations referring to the case responsibly in their rejection of requests?
Or locking up the system by trying ' something new' - with the consequence of more Tribunals.
I realise stats alone will not show 'responsibility' but if any other information is available I would be pleased to receive it.
For example: The percentage of complaints on vexatiousness brought to the ICO, which the ICO has upheld because the Dransfield case has been wrongly used as reasoning.
(Which I fully realise would be an unusual statistic -at the present time"- but just may exist)
I would therefore be grateful for your help and advice.
Yours faithfully,
[Name Removed]
Dear Information Commissioner’s Office,
WDTK stating request out of time.
;;;
Reminder.
This is the part if the original request which has not been answered.
If you can provide statistics for cases in which the ICO vs A
Requestor which cite vexatiousness ( either by request, or
requestor) for a year before the case - and a year after ....I
would be grateful.
I have tried searching the ICO website but with no success.
So I am asking for internal file statistics, as presumably the ICO
would wish to monitor the effects of such a case on its
performance. And would be remiss if it didn't.
But I think that you are now attempting to provide the statistics
Please confirm .
Yours faithfully,
[Name Removed]
28 October 2014
Case Reference Number IRQ0558300
Dear [personal information removed] [name removed] Oakley
In response to your original (17 September) request, we explained that we
would require clarification from you before we could address item [2] of
your request, which was for:
“If you can provide statistics for cases in which the ICO vs A Requestor
which cite vexatiousness ( either by request, or requestor) for a year
before the case - and a year after ....I would be grateful.”
and we explained why the request was not understood. It was not clear
whether you were referring to complaints to the ICO, or decision notices,
or appeals to the tribunal, for example.
You provided clarification on 15 October, which we acknowledged on 16
October confirming that a response to your clarified request would be
provided within the statutory deadline. We calculate this deadline to be
12 November, being 20 working days from the day after we received
clarification which enabled us to identify the information you have
requested. This is in accordance with section 1(3) and 10(6) of FOIA, see:
[1]http://ico.org.uk/for_organisations/guid...
(page 10 refers)
Yours sincerely
Steven Dickinson Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [2]www.ico.org.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://ico.org.uk/for_organisations/guid...
2. http://www.ico.org.uk/
Dear Information Commissioner’s Office,
Thank you.
The WDTK site gives automatic reminders.
I will look forwards to receiving your considered answer before November 12
Yours faithfully,
[Name Removed]
Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.
If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.
Please note that 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 ‘[1]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 want an internet search provider to remove a link to information
about you – it will be a little longer before we can respond. We are
currently considering the implications of the recent decision by the Court
of Justice of the European Union and will contact you again in the next
six weeks.
Please note that we will not look at requests to remove internet search
results unless you have first asked the search provider. You should also
send us copies of all related correspondence.
If you have requested advice - we aim to respond within 14 days.
If you have made a request for information held by the ICO - we will
contact you as soon as possible if we need any more information to answer
your request. If we don't need any more information we will respond to you
within our published, and statutory, service levels. For more information
please see our webpage [2]'access information about the ICO' (go to our
homepage and follow the link for ‘about the ICO’).
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
‘[3]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.
If you have a matter you would like to discuss with us, please call our
helpline on 0303 123 1113 (local rate).
Yours faithfully
The Information Commissioner’s Office
Our newsletter
Details of how to sign up for our monthly e-newsletter can be found at
[4]http://www.ico.org.uk/tools_and_resource...
Find us on Twitter at [5]http://www.twitter.com/ICOnews
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://ico.org.uk/for_the_public/raising...
2. http://ico.org.uk/about_us/how_we_comply
3. http://ico.org.uk/about_us/how_we_work/s...
4. http://www.ico.org.uk/tools_and_resource...
5. http://www.twitter.com/ICOnews
7 November 2014
Case Reference Number IRQ0558300
Dear [personal information removed] [name removed] Oakley
I am writing further to our 16 October acknowledgement of your
correspondence dated 15 October 2014. In your email, you have requested:
“how many cases the ICO processed using Section 14 in the year before the
case - and the year after”
and
“any speech notes available accompanying the PowerPoint presentation
referred to above”.
On 16 October you also indicated your interest in: “The percentage of
complaints on vexatiousness brought to the ICO, which the ICO has upheld
because the Dransfield case has been wrongly used as reasoning”.
We are now in a position to provide our response.
FOIA complaint cases about section 14, closed from February 2012 to
January 2013, and from February 2013 to January 2014. The information held
as described in your request is as follows:
S14 cases closed Feb 2012-Jan 2013: 151.
15 cases are recorded as ‘upheld’.
S14 cases closed Feb 2013-Jan 2014: 209.
11 cases are recorded as ‘upheld’.
No notes to the presentation given by Graham Smith are held; Mr Smith does
not usually use speaking notes.
This concludes our response to your request. I hope this is of help to
you.
If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Access Team
at the address below or e-mail [1][email address]
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the
Commissioner.
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation. To make such an application, please write
to the Customer Contact department, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
A copy of our review procedure is available [2]here.
Yours sincerely
Steven Dickinson Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [3]www.ico.org.uk
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. mailto:[email address]
2. http://www.ico.gov.uk/about_us/~/media/d...
3. http://www.ico.org.uk/
Dear Information Commissioner’s Office,
Thank you.
As there are no percentages, for clarification of the stats given:
S14 cases closed Feb 2012-Jan 2013: 151.
15 cases are recorded as ‘upheld’.
This means that 151 people complained that they, or their requests, had been made vexatious - using S14, in the time period.
And that the ICO upheld their complaint 15 times.
Yours faithfully,
[Name Removed]
Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.
If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.
Please note that 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 ‘[1]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 want an internet search provider to remove a link to information
about you – it will be a little longer before we can respond. We are
currently considering the implications of the recent decision by the Court
of Justice of the European Union and will contact you again in the next
six weeks.
Please note that we will not look at requests to remove internet search
results unless you have first asked the search provider. You should also
send us copies of all related correspondence.
If you have requested advice - we aim to respond within 14 days.
If you have made a request for information held by the ICO - we will
contact you as soon as possible if we need any more information to answer
your request. If we don't need any more information we will respond to you
within our published, and statutory, service levels. For more information
please see our webpage [2]'access information about the ICO' (go to our
homepage and follow the link for ‘about the ICO’).
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
‘[3]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.
If you have a matter you would like to discuss with us, please call our
helpline on 0303 123 1113 (local rate).
Yours faithfully
The Information Commissioner’s Office
Our newsletter
Details of how to sign up for our monthly e-newsletter can be found at
[4]http://www.ico.org.uk/tools_and_resource...
Find us on Twitter at [5]http://www.twitter.com/ICOnews
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk
References
Visible links
1. http://ico.org.uk/for_the_public/raising...
2. http://ico.org.uk/about_us/how_we_comply
3. http://ico.org.uk/about_us/how_we_work/s...
4. http://www.ico.org.uk/tools_and_resource...
5. http://www.twitter.com/ICOnews
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
Tim Turner left an annotation ()
Given that all of the decisions are published, is it a good use of public money for ICO staff to trawl through these decisions when you could do so yourself? If it's so important, why don't you want to devote your time to doing it?