Monitoring FOI Timeliness Compliance
Dear Information Commissioner’s Office,
1) Your website https://ico.org.uk/action-weve-taken/mon...
has details of public bodies monitored for timeliness.
Unfortunately there are some gaps in the time periods:
e.g.: 01 Jan 2011 to 31 Mar 2011 (3 months)
01 Jul 2011 to 31 Dec 2012 (18 Months)
01 Oct 2013 to 31 Dec 2013 (3 Months)
01 Apr 2014 to 30 Apr 2014 (1 month)
01 Aug 2014 to 31 Aug 2014 (1 month)
01 Dec 2014 to 31 Jan 2015 (2 months)
01 May 2015 to 31 Aug 2015 (4 months)
01 Dec 2015 to 30 Apr 2016 (5 months)
Please confirm that you did not monitor any organisation in the periods mentioned above.
If you did, please provide the organisation names and the monitored from/to dates.
2) The Cabinet Office was monitored during the periods of:
a) 01 Oct 2010 to 31 Dec 2010
b) 01 Jan 2014 to 31 Mar 2014
(i) Please provide all correspondence between you and the Cabinet Office with regards to the monitoring exercises above.
Yours faithfully,
Mr Navartne
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
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References
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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
3 January 2017
Case Reference Number IRQ0660690
Dear Mr Navartne
Request for Information
Thank you for your email which we received on 20 December 2016, in which
you have made a request for information held by the Information
Commissioner's Office (ICO).
In your email you asked about which public bodies the ICO monitored, in
specific timeframes, relating to their responding to freedom of
information requests within the appropriate timescales. You also asked for
all correspondence we had with the Cabinet Office with regards to the
monitoring that took place during October – December 2010 and January –
March 2014.
Your request has been passed to the ICO’s Information Access Team, and is
being dealt with in accordance with the Freedom of Information Act 2000
under the reference number shown above.
We will therefore respond to your request promptly, and no later than 20
January 2017 which is 20 working days from the day after we received your
request.
Should you wish to reply to this email please be careful not to amend the
information in the ‘subject’ field. This will ensure that your reply is
added directly to your case.
Yours sincerely
Danny Langley
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545784 F. 01625 524510 [1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email
The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.
If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.
If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit ico.org.uk/email
References
Visible links
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2. https://twitter.com/iconews
20 January 2017
Case Reference Number IRQ0660690
Dear Mr Navartne
Further to my previous email, please find attached further attachments in
relation to this request. This concludes our response to your request.
Yours sincerely
Danny Langley
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545784 F. 01625 524510 [1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email
The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.
If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.
If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit ico.org.uk/email
References
Visible links
1. http://ico.org.uk/
2. https://twitter.com/iconews
20 January 2017
Case Reference Number IRQ0660690
Dear Mr Navartne
Request for Information
Further to our acknowledgement of 3 January we can now respond to your
request for information of 20 December.
We have dealt with your request in accordance with your ‘right to know’
under section 1(1) of the Freedom of Information Act 2000 (FOIA).
Request
In your email you asked
“1) Your website
https://ico.org.uk/action-weve-taken/mon...
has details of public bodies monitored for timeliness.
Unfortunately there are some gaps in the time periods:
e.g.: 01 Jan 2011 to 31 Mar 2011 (3 months)
01 Jul 2011 to 31 Dec 2012 (18 Months)
01 Oct 2013 to 31 Dec 2013 (3 Months)
01 Apr 2014 to 30 Apr 2014 (1 month)
01 Aug 2014 to 31 Aug 2014 (1 month)
01 Dec 2014 to 31 Jan 2015 (2 months)
01 May 2015 to 31 Aug 2015 (4 months)
01 Dec 2015 to 30 Apr 2016 (5 months)
Please confirm that you did not monitor any organisation in the periods
mentioned above.
If you did, please provide the organisation names and the monitored
from/to dates.
2) The Cabinet Office was monitored during the periods of:
a) 01 Oct 2010 to 31 Dec 2010
b) 01 Jan 2014 to 31 Mar 2014
(i) Please provide all correspondence between you and the Cabinet Office
with regards to the monitoring exercises above.”
Information Held
For the first part of your request I can confirm that no new monitoring of
public authority FOI response time compliance took place in the gap
periods. I can also confirm there are two authorities that will be added
to the list on our website. This will follow a press release which we
expect to be issued later this month.
Regarding the second part of your request I can confirm we hold
correspondence between the ICO and Cabinet Office in respect of the two
periods of monitoring. Please find attached copies of this correspondence
which, due to the relevant file size, is necessary to forward you over
more than one email. I apologise for any inconvenience this may cause.
Information withheld
You will see that we have withheld, or redacted, some of the information
attached. This information was provided by the Cabinet Office to the ICO
for the purpose of the monitoring undertaken within the scope of your
request is being withheld from disclosure. This information is being
withheld under the FOIA exemptions in section 40 (personal information)
and section 44 (prohibitions on disclosure).
Section 44 of the FOIA places prohibitions on disclosure and is an
absolute exemption which does not require a consideration of the public
interest test of the type required by the qualified exemptions.
Section 44(1)(a) of the FOIA states;
‘(1) Information is exempt information if its disclosure (otherwise than
under this Act) by the public authority holding it -
(a) is prohibited by or under any enactment’
The enactment in question is the Data Protection Act 1998 (DPA) and
specifically Section 59 of the DPA. Section 59 states that neither the
Commissioner nor her staff shall disclose;
‘any information which :
a. has been obtained by, or furnished to, the Commissioner under or
for the purposes of the information Acts.
b. relates to an identified or identifiable individual business, and
c. is not at the time of disclosure, and has not been available to
the public from other sources,
unless the disclosure is made with lawful authority.’
We do not consider that giving access for the purposes of a freedom of
information request provides us the lawful authority we require to
disclose it.
We have also redacted some third party personal data from the information
provided to you. This information is exempt from disclosure to you under
section 40(2) of the FOIA, by virtue of section 40(3)(a)(i), as disclosure
of this third party personal data would be ‘unfair’, and therefore in
breach of the first data protection principle under the DPA.
Review Procedure
I hope this provides you with the information you require. However, if you
are dissatisfied with this response 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][ICO request email].
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 our Customer Contact Team at the address given or visit our website if
you wish to make a complaint under the Freedom of Information Act.
A copy of our review procedure can be accessed from our website
[2]here.
Yours sincerely
Danny Langley
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545784 F. 01625 524510 [3]ico.org.uk [4]twitter.com/iconews
Please consider the environment before printing this email
The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.
If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.
If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit ico.org.uk/email
References
Visible links
1. mailto:[ICO request email]
2. https://ico.org.uk/media/about-the-ico/p...
3. http://ico.org.uk/
4. https://twitter.com/iconews
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navartne left an annotation ()
ICO has said " I can also confirm there are two authorities that will be added to the list on our website. This will follow a press release which we expect to be issued later this month. [January 2017]"
It's 01 February 2017 now, no press release has been issued!. Here's a screenshot of their News,blogs and Speeches webpage (https://ico.org.uk/about-the-ico/news-an... ):
https://dl.orangedox.com/5tX6NC7HcqNFTEf...