National highways Communications Relating to Information ‘Held on Behalf of’

Mr P Swift made this Freedom of Information request to Information Commissioner's Office

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Response to this request is long overdue. By law, under all circumstances, Information Commissioner's Office should have responded by now (details). You can complain by requesting an internal review.

Dear Information Commissioner's Office,

01/07/2020, I made an FoIA request of National Highways, your ref. 101224, Information Commissioner's ref. IC-48280-N2N3. First Trier Tribunal reference EA/2021/0257. The ICO’s current reference is IC-166131-L7Z2

The request can be found here:

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

The ICO’s DN found that information was held by Kier Highways Ltd on behalf of the National Highways.

Please provide me with all information i.e., letters, emails, notes and the like (correspondence, conversations), with National Highways (to and from) on the subject from 01/07/2020 to today.

Yours faithfully,

Mr P Swift

icoaccessinformation, Information Commissioner's Office

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]https://ico.org.uk/about-the-ico/our-inf...

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
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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.

For information about what we do with personal data see our [2]privacy
notice.

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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ICO Casework, Information Commissioner's Office

19 May 2022 

Case Reference: IC-171457-C6Y3 

Dear P Swift

Thank you for your message, sent through whatdotheyknow.com, which we
received on 18 May 2022.

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.

As you are probably aware the FOIA provides individuals with the right to
access copies of recorded information held by public authorities unless an
appropriate exemption applies. 

We aim to respond to your FOIA request no later than 20 June 2022 which is
20 working days from the day after we received your request.

If you wish to contact the Information Access team regarding the request,
please use the reference number at the top of this acknowledgement.

Yours sincerely

Louise Murphy 
Information Access Support Officer 
Information Commissioner's Office

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
[1]ico.org.uk [2]twitter.com/iconews
Please consider the environment before printing this email.
For information about what we do with personal data see our privacy notice
at [3]www.ico.org.uk/privacy-notice.

References

Visible links
1. https://ico.org.uk/
2. https://twitter.com/iconews
3. https://www.ico.org.uk/privacy-notice

Dear ICO Casework,

Please advise by when I can expect to receive the information which was due by 17/06/2022 i.e. 12 days ago. You are in breach of the legislation.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

29/06/2022 @ 10:39 complaint to the ICO about the ICO!
Thank you
Share(Opens Share panel)
Thank you, we have received your complaint.

Need to send documents to us?
If you have other relevant documents for us, you can post them to:

Customer Contact - FOI complaint documents
Information Commissioner's Office
Wycliffe House
Wilmslow
SK9 5AF

Please include a covering letter with your name and email address, so that we can match your documents to your complaint.

Mr P Swift left an annotation ()

2 July 2022
Dear Philip Swift
Freedom of Information Act 2000 (FOIA)
Your information request to the ICO
https://www.whatdotheyknow.com/request/n...
Thank you for your complaint about the above public authority’s delay in
responding to your request for information.
I have contacted the public authority and asked it to respond to your request
within 10 working days, if it has not already done so.
If you haven’t had a response in that time, please let us know by emailing
icocasework@ico.org.uk.
Please include your reference number in the subject title of your email.
If the public authority responds to your request and refuses to release the
information you have asked for and you are dissatisfied, you should request an
internal review.
Once you have exhausted the internal review procedure and if you don’t agree
with the outcome, you can ask us to continue to investigate your complaint.
Please make sure you provide us with a copy of your internal review request and
the public authority’s response.
For information about what we do with personal data see our privacy notice at
www.ico.org.uk/privacy-notice
Yours sincerely
Cressida Woodall
Senior Case Officer – Freedom of Information Casework

Mr P Swift left an annotation ()

4 July 2022
Dear ICO
Freedom of Information Act 2000 (FOIA)
Complaint from: Philip Swift
Our reference: IC-178460-V3P0
https://www.whatdotheyknow.com/request/n...
The Information Commissioner has received a complaint from the above named
individual who says that you have not sent a response to an information request
they submitted to your organisation on 18 May 2022.
In connection with this request, please either:
 If you have not already done so, provide a substantive response to this
request within 10 working days and copy that response to this office at
icocasework@ico.org.uk, or
 Confirm that a response to this request has already been sent and provide
a copy of that response to this office.
Please respond within 10 working days of the date of this email. If we do not
receive a response from you within 10 working days of the date of this email, a
decision notice finding a breach of the FOIA and compelling you to respond to the
request will be issued.
Thank you in anticipation.

Yours faithfully
Cressida Woodall
Senior Case Officer – Freedom of Information Casework

Dear Cressida Woodall,

ICO Case Reference: IC-178460-V3P0

You have today written to me stating:

'I have contacted the public authority and asked it to respond to your request ]within 10 working days, if it has not already done so. '

I would assume you are able to ascertain the Authority's conduct with ease; firstly the history is on the WDTK site, secondly, you are a senior caseworker for the ICO, the very Authority about which I have presented the complaint. The ICO, the UK's independent authority set up to uphold information rights in the public interest, is in breach of the legislation you manage!

However, when did you contact the Authority and how? The further attachment to the response you provided me is dated 4th July 2022. t appears I am missing details of the contact made.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

This request is of the ICO – to provide their exchanges with National Highways. Apparently, there is a substantial amount relating to the issue, National Highways writing ‘with regard to the burden, it is your opinion that there is less information held on this compared to that which was provided in your request for information on correspondence between National Highways and Kier, but I can confirm that this not the case and there is significantly
more related information for this request.’ NH provided a jumbled 87 pages* of information between themselves and Kier Highways

National highways provided some information between themselves and the ICO but the context of this could not be determined, hence this request of the ICO.
Why National Highways was unwilling to disclose more is unknown, the request can be found here
https://www.whatdotheyknow.com/request/n...
Coincidentally, the ICO, when asked to provide the exchanges, also refused.
More about the issue, including the single disclosed email from the ICO to National Highways, can be read here
https://www.englandhighways.co.uk/220715...

*Note, the NH information was a muddle of records. It appears the ICO expects there to be some order, a sorting of the information. The ICO has criticised Birmingham City Council recently (again in relation to Kier Highways information) writing:

‘When the Council did provide the withheld information, the Commissioner was required to spend time reviewing information which fell outside of the request’s scope, it having been created after the date of the request. Furthermore, email chains were not filtered to remove duplicate correspondence, causing the Commissioner to have to read through the same email chains multiple times, as further correspondence was exchanged.’
https://www.englandhighways.co.uk/220728...

Dear ICO Casework,

Please advise the present position with regard to this matter

Yours sincerely,

Mr P Swift

icocasework, Information Commissioner's Office

 

 

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence. If you have any special
requirements that mean you would like us to communicate with you in a
specific way, please let us know and we will make adjustments if we can.

 

If you have asked us for advice - we will respond within 14 days. While
you wait, you should regularly check our website (www.ico.org.uk) for
relevant guidance, as we are updating this all the time. You should read
our [1]Guide to the UK GDPR. If you have raised a question that we have
answered on our website, we may respond by sending you a link to it. But
will do our best to provide you with the information you need.

 

 

If you have made a new complaint - we’re unlikely to look into it unless
you have raised it with the responsible organization (for a data
protection complaint) or the responsible public authority (for a freedom
of information complaint) first. Please make sure you have sent us a copy
of their final response to you. We will assign your complaint to a case
officer as soon as we can, and they will contact you in due course.

 

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer. If you believe
we have either failed to take appropriate steps to respond to your data
protection complaint, or we do not provide you with information about the
progress or outcome of your complaint within the next three months, you
may be able to apply to the First-tier Tribunal to require us to respond
to your complaint or to provide you with information about its progress.
(www.gov.uk - information rights and data protection: appeal against the
Information Commissioner)

 

 

If you represent an organisation and you are reporting a personal data
breach under the GDPR or the Data Protection Act 2018 - we aim to contact
you within seven days to confirm receipt and to provide you with a case
reference number. If you want advice urgently, you should telephone our
helpline on 0303 123 1113. If we consider the incident is minor or you
have indicated that you do not consider it meets the threshold for
reporting, you may not receive a response from us, or we may respond by
sending you a link to the relevant part of our guidance. You can find out
more about data breach reporting on our website.

 

Where a significant cyber incident occurs, you may also need to report
this to the National Cyber Security Centre (the NCSC). To help you decide,
you should read the NCSC’s guidance about their role and the type of
incidents that you should consider reporting. (www.ncsc.gov.uk
-incident-management)

 

Incidents that might lead to a heightened risk of individuals being
affected by fraud, should be reported to Action
Fraud (www.actionfraud.police.uk) - the UK’s national fraud and cybercrime
reporting centre. If your organisation is in Scotland, then reports should
be made to Police Scotland (www.scotland.police.uk).

 

 

 

If you are a Communications Service Provider reporting a security breach
under the Privacy and Electronic Communications Regulations – you will
need to report the security breach via the secure portal that can be found
on the PECR pages of our website.

 

 

If you represent an organisation and are reporting a potential incident
under the NIS Directive - we will contact you as soon as we can. You can
find out more about the NIS Regulations on our website.

 

 

If you represent an organization and you are reporting a security breach
within the definition of the eIDAS regulation – we will contact you as
soon as we can. You can find out more about the eIDAS regulation on our
website.

 

If you have reported spam email – we are unlikely to need to contact you
again, unless we need more information to help with our investigations. We
publish details about the action we've taken on nuisance messages on our
website.

 

 

 

If you have asked for information you think we might hold - we will
contact you if we need any more information to help us respond. Otherwise,
we will respond within our public and statutory service levels. For more
information please visit our webpage ‘request information from us’ (go to
our homepage and follow the link for ‘about the ICO’ and ‘our
information’).

 

 

 

If you have only copied your correspondence to us - we will not respond.

 

 

 

There is more detailed information, including information on our current
response times, on our service standards and what to expect webpage. You
can also call 0303 123 1113, we welcome calls in Welsh on 029 2067 8400.
You can also contact us on live chat (please visit our webpage ‘contact
us’ and ‘live chat’).

 

 

For information about what we do with personal data please see our privacy
notice: https://ico.org.uk/global/privacy-notice/

 

 

Yours sincerely

 

 

The Information Commissioner’s Office

 

 

 

 

 

 

 

 

 

Diolch yn fawr ichi am gysylltu â Swyddfa’r Comisiynydd Gwybodaeth. Rydym
yn cadarnhau bod eich gohebiaeth wedi dod i law. Os oes gennych unrhyw
ofynion arbennig sy'n golygu yr hoffech i ni gyfathrebu â chi mewn ffordd
benodol, rhowch wybod i ni a byddwn yn gwneud addasiadau os gallwn.

 

 

Os ydych wedi gofyn am gyngor – byddwn yn ymateb o fewn 14 diwrnod. Tra
byddwch yn aros, dylech edrych yn rheolaidd ar ein [2]gwefan
(www.ico.org.uk) i chwilio am ganllawiau perthnasol, gan eu bod yn cael eu
diweddaru drwy’r amser. Hefyd dylech ddarllen ein [3]blogiau ynghylch
‘mythau’r GDPR’. Os ydych wedi codi cwestiwn sydd wedi’i ateb ar ein
gwefan, mae’n bosibl y byddwn yn ymateb drwy anfon dolen atoch i gysylltu
â’r ateb.  Ond fe wnawn ein gorau glas i roi’r wybodaeth angenrheidiol
ichi

 

 

 

Os ydych wedi gwneud cwyn newydd – dydyn ni ddim yn debygol o edrych i
mewn iddo oni bai eich bod wedi’i godi’n gyntaf gyda’r sefydliad cyfrifol
(cwyn am ddiogelu data) neu’r awdurdod cyhoeddus cyfrifol (cwyn am ryddid
gwybodaeth). Gofalwch eich bod wedi anfon copi aton ni o’u hymateb
terfynol ichi. Byddwn yn rhoi’ch achos i swyddog achosion cyn gynted ag y
gallwn, a bydd y swyddog yn cysylltu â chi maes o law.

 

 

 

Os yw’ch gohebiaeth yn ymwneud ag achos sydd eisoes yn bod - byddwn yn ei
hychwanegu at eich achos ac fe gaiff ei hystyried ar ôl cael ei dyrannu i
swyddog achosion. Os ydych yn credu ein bod ni naill ai wedi methu cymryd
camau priodol i ymateb i'ch cwyn diogelu data, neu heb ddarparu gwybodaeth
ichi am gynnydd neu ganlyniad eich cwyn o fewn y tri mis nesaf, efallai y
byddwch yn gallu gwneud cais i'r Tribiwnlys Haen Gyntaf i’w gwneud yn
ofynnol inni ICO ymateb i'ch cwyn neu ddarparu gwybodaeth ichi am gynnydd
eich cwyn. (www.gov.uk - information rights and data protection: appeal
against the Information Commissioner)

 

 

 

 

 

 

Os ydych yn cynrychioli sefydliad a’ch bod yn rhoi gwybod am drosedd data
personol o dan y GDPR neu Ddeddf Diogelu Data 2018 – rydym yn anelu at
gysylltu â chi o fewn saith niwrnod calendr i gadarnhau bod eich neges
wedi dod i law ac i roi rhif cyfeirnod achos ichi. Os oes arnoch eisiau
cyngor ar frys, dylech ffonio’n llinell gymorth ar 0303 123 1113. Os ydym
o’r farn bod y digwyddiad yn un mân neu os ydych chi wedi nodi nad ydych
o’r farn bod y digwyddiad yn cyrraedd y trothwy i roi gwybod amdano, mae’n
bosibl na chewch ymateb gennym, neu efallai y byddwn yn ymateb drwy anfon
dolen atoch i gysylltu â’r rhan berthnasol o'n canllawiau. Cewch ragor o
wybodaeth am roi gwybod am droseddau data ar ein gwefan.

 

 

Pan fo digwyddiad seibr arwyddocaol yn digwydd, mae’n bosibl y bydd angen
ichi roi gwybod amdano hefyd i’r Ganolfan Seiberddiogelwch Genedlaethol
(yr NCSC). I’ch helpu i benderfynu, dylech ddarllen canllawiau’r NCSC ar
eu rôl a’r math o ddigwyddiadau y dylech ystyried rhoi gwybod amdanyn nhw.
(www.ncsc.gov.uk -incident-management)

 

 

Dylai digwyddiadau a allai arwain at risg uwch y bydd twyll yn effeithio
ar unigolion gael eu cyfleu i Action Fraud (www.actionfraud.police.uk) –
sef canolfan genedlaethol y Deyrnas Unedig ar gyfer rhoi gwybod am dwyll a
seiberdroseddau. Os yw eich sefydliad yn yr Alban, yna i Heddlu’r Alban y
dylech chi roi gwybod (www.scotland.police.uk).

 

 

Os ydych yn Ddarparwr Gwasanaethau Cyfathrebu sy’n rhoi gwybod am dor
diogelwch o dan y Rheoliadau Preifatrwydd a Chyfathrebu Electronig – bydd
angen ichi roi gwybod am y tor diogelwch drwy’r [4]porth diogel sydd ar
gael ar y tudalennau ar ein gwefan sy’n ymwneud â’r PECR.

 

 

Os ydych yn cynrychioli sefydliad a’ch bod yn rhoi gwybod am ddigwyddiad
posibl o dan Gyfarwyddeb yr NIS – byddwn yn cysylltu â chi cyn gynted ag y
gallwn. Cewch ragor o wybodaeth am Reoliadau’r NIS ar ein gwefan.

 

 

Os ydych yn cynrychioli sefydliad a’ch bod yn rhoi gwybod am dor diogelwch
o fewn y diffiniad yn Rheoliad eIDAS – byddwn yn cysylltu â chi cyn gynted
ag y gallwn. Cewch ragor o wybodaeth am Reoliad eIDAS ar ein gwefan.

 

Os ydych wedi rhoi gwybod am ebost sbam – mae’n annhebygol y bydd angen
inni gysylltu â chi eto, oni bai bod arnon ni angen rhagor o wybodaeth i
helpu yn ein hymchwiliad. Rydym yn cyhoeddi gwybodaeth am y camau rydyn ni
wedi’u cymryd ynghylch negeseuon niwsans ar ein gwefan.

 

 

Os ydych wedi gofyn am wybodaeth yr ydych yn credu ei bod gennyn ni –
byddwn yn cysylltu â chi os bydd arnom angen rhagor o wybodaeth i’n helpu
i ymateb. Fel arall, byddwn yn ymateb ichi o fewn ein lefelau gwasanaeth
statudol a chyhoeddus. I gael rhagor o wybodaeth, ewch i’n tudalen gwe
‘request information from us’ (ewch i’n tudalen hafan a dilynwch y ddolen
‘about the ICO’ ac ‘our information’).

 

 

Os ydych wedi anfon copi o’ch gohebiaeth aton ni ond dim byd arall –
fyddwn ni ddim yn ymateb.

 

Mae gwybodaeth fanylach, gan gynnwys gwybodaeth am ein hamserau ymateb
presennol, ar ein tudalen gwe safonau gwasanaeth a beth i’w ddisgwyl.
Gallwch ffonio hefyd ar 029 2067 8400, neu yn Saesneg ar 0303 123 1113.
Gallwch gysylltu â ni hefyd i gael sgwrs fyw (ewch i’n tudalen gwe
‘contact us’ a ‘live chat’).

 

 

I gael gwybodaeth am yr hyn rydyn ni’n ei wneud â data personol, gweler
ein hysbysiad preifatrwydd: https://ico.org.uk/global/privacy-notice/

 

 

Yn gywir

 

 

Swyddfa’r Comisiynydd Gwybodaeth 

 

References

Visible links
1. https://ico.org.uk/for-organisations/gui...
2. https://emea01.safelinks.protection.outl...
3. https://ico.org.uk/for-organisations/gui...
4. https://report.ico.org.uk/security-breach/

Dear Sirs

I appear to have two references associated with this matter

1. IC-171457-C6Y3
2. IC-178460-V3P0

Please can you clarify which relates to the subject - https://www.whatdotheyknow.com/request/n...

The ICO has cited s14 in response to this request for your exchanges with National Highways about IC-48280-N2N3, First Trier Tribunal reference EA/2021/0257. I have raised a complaint with the ICO about your refusal to provide the information and do not intend, as you advocate, to withdraw this - your citing unrelated matters (albeit regarding the same Authority) in support of my withdrawal, is inappropriate. This matter stands on its own. The subject is not simply about an ongoing DN, IC-48280-N2N3, which found for me and has yet to result in the information being provided (the ICO have failed to assist me in this respect), but also contempt of court proceedings; EJ/2022/0004.

The history of IC-48280-N2N3, First Trier Tribunal reference EA/2021/0257 can be found here https://www.englandhighways.co.uk/220312.... Your DN IC-48280-N2N3 found for me, NH elected to Appeal incurring £26,000 of GLD costs unnecessarily https://www.englandhighways.co.uk/26000-... as they knew the information was held and could be provided.

I wish to be provided your exchanges with NH on the subject. However, it once again appears the ICO and NH wish to keep pertinent, selective, information from me. Whilst the ICO and NH have both cited s14 to withhold their exchanges with each other about IC-48280-N2N3, I possess an email from the ICO to NH. It appears the ICO promptly responds to NH, provides them assistance and reassurance about how they will deal with me in relation to the Authority’s failure to comply with your DN of 16/08/2021, IC-48280-N2N3 https://www.englandhighways.co.uk/16-08-... . 09/02/2022, I wrote to NH who promptly conveyed this to the ICO as, a day after, the ICO replied in writing to NH:

'ICO Casework
10 February2022 11:47
FOI Advice
Subject: Your email to fie ICO - Case Reference IC-48280-N2N3

10 February 2022
Case Reference: IC-48280-N2N3

Thank you for your email of 9 February 2022.
[redacted] has emailed National Highways back, following its revised response. Please treat this as a request for an internal review and process within the required timeframe. I would suggest that you address the points he has made as comprehensively and as thoroughly as possible, hopefully then when the case is referred back to me, there will be less work to do under a further section 50 referral to the ICC). I will only ask National Highways to provide its response to these points at that time, so presenting them at the internal review stage should hopefully reduce the further work that will be required after that point
Please copy me in to the response and I will then take matters from there.
Thank you again for your assistance in these matters.
Yours sincerely,
Samantha Coward
Senior Case Officer
Information Commissioner's Office'

It appears odd NH would alert you to my contact, that they could not address this. I suspect there has been ongoing correspondence you wish to keep me from. On the one hand, an Authority employing FoIA staff is hand-held by the ICO, on the other, I am afforded no such assistance but treated dismissively.

My FoIA request of the ICO will reveal the approach to NH, prompting the above email and all associated exchanges. If, for any reason, you consider the disclosure falls to my Subject Access Rights, please consider this an SAR and provide the information within a calendar month.

Yours faithfully,

P. Swift

cc: https://www.whatdotheyknow.com/request/n...

Mr P Swift left an annotation ()

From: ICO Casework
Sent: 26 August 2022 15:00
To: P Swift
Subject: Your email to the ICO - Case Reference IC-178460-V3P0
26 August 2022

Case Reference: IC-178460-V3P0

Dear Philip Swift

This is to acknowledge receipt of your email to this case of 23 August 2022. As you were advised on 3 August, this case has not been allocated to a case officer at this point. The ICO has therefore not corresponded with NH about the case.

When the case is allocated to a case officer, they will contact you to discuss your complaint.

As you were also advised on 3 August, we will not be able to address any detailed enquires you may send to the case in the meantime, until the case is allocated.

Finally, and as you were advised on 3 August, if you have a query about any other case, including any request for information you may have submitted to the ICO, you should send your correspondence directly to that case by putting the appropriate case reference in the email subject box.

You should not expect a further response to any further correspondence you send to this case before it is allocated.

Yours sincerely

Sent on behalf of
Pamela Clements
Group Manager
Information Commissioner's Office