Ofcom regulation/appointment of ATVOD

Peter Adams made this Freedom of Information request to Office of Communications

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

The request was successful.

Dear Office of Communications,

1) Who were the people who chose the so-called
independent ATVOD (http://atvod.co.uk/) and it's members.

I ask because there is obviously a conflict that needs an answer.
A certain percentage of ATVOD is supposed to be independent,
however, when researched, the ATVOD members seem anything but independent eg bbc, ex directors of televisions stations etc.

2) Who do I complain to about ATVOD?
Is it Ofcom? Is it my MP?

3) Who is in/on/employed/consulted by both Ofcom AND ATVOD?

4) How/who do I complain to about Ofcom?

Yours faithfully,

Peter Adams

Alistair Hall, Office of Communications

Dear Mr Adams

Thank you for your request for information which was received on 27 June
2014.

Where we hold the information you have requested we will endeavour to
answer your request in full and within 20 working days. If we are unable
to provide the information requested, we will explain why. 

If you have any queries then please email me at
[1][Ofcom request email]. Please remember to quote the
reference number above in any future communications.

Yours sincerely

 

 

::    Alistair Hall

      [2][Ofcom request email] 

 

::    Ofcom

Riverside House

2a Southwark Bridge Road

London

SE1 9HA

020 7981 3000

[3]http://www.ofcom.org.uk

 

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review.   If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom.  We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.

The following outcomes are possible:

• the original decision is upheld; or

• the original decision is reversed or modified.

 

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case. However, we aim to conclude all such
reviews within 20 working days, and up to 40 working days in exception
cases. We will keep you informed of the progress of any such review. If
you wish to request an internal review, you should contact:

 

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

show quoted sections

Alistair Hall, Office of Communications

1 Attachment

Dear Mr Adams

 

Further to the e-mail below, please find attached Ofcom’s response to your
request.

 

Yours sincerely

 

 

 

::    Alistair Hall

[1][Ofcom request email]

 

::    Ofcom

Riverside House

2a Southwark Bridge Road

London

SE1 9HA

020 7981 3000

[2]www.ofcom.org.uk

 

 

From: Alistair Hall
Sent: 27 June 2014 15:11
To: '[FOI #218017 email]'
Cc: Information Requests
Subject: Ofcom ref: 1-263343175, Freedom of Information request - Ofcom
regulation/appointment of ATVOD

 

Dear Mr Adams

Thank you for your request for information which was received on 27 June
2014.

Where we hold the information you have requested we will endeavour to
answer your request in full and within 20 working days. If we are unable
to provide the information requested, we will explain why. 

If you have any queries then please email me at
[3][Ofcom request email]. Please remember to quote the
reference number above in any future communications.

Yours sincerely

 

 

::    Alistair Hall

      [4][Ofcom request email] 

 

::    Ofcom

Riverside House

2a Southwark Bridge Road

London

SE1 9HA

020 7981 3000

[5]http://www.ofcom.org.uk

 

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review.   If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom.  We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.

The following outcomes are possible:

• the original decision is upheld; or

• the original decision is reversed or modified.

 

Timing

If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case. However, we aim to conclude all such
reviews within 20 working days, and up to 40 working days in exception
cases. We will keep you informed of the progress of any such review. If
you wish to request an internal review, you should contact:

 

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

show quoted sections

Mark Salter left an annotation ()

A response *on* the 'deadline' that stills seeks clarification on some of the request; terrible.

Nige Coleman left an annotation ()

Ofcom regularly break the law with regard data protection, this should not come as a surprise. In every instance where Ofcom fail to adhere to the DPA, including time limits on information requests should be reported to the Information Commissioner without delay.

Dear Alistair Hall,

You ask for clarification of point 3 of my original FOI request.
"3. Who is in/on/employed/consulted by both Ofcom AND ATVOD?
Please can you clarify the question? Do you mean people who are employed in any capacity by both Ofcom and ATVOD? "

That is exactly what I mean.
Who is employed in any capacity by both Ofcom and ATVOD?

I note that you also make this clarification on the very last day that
is 'allowable', and wish to comment that this is similar 'sharp practice' to eg the police when investigating assaults by their officers, taking more than 6 months to decide, rendering assault charges under common law void ie out of time.
In other words avoiding the issue by taking as much time as possible,
hoping to time-out the issue!

I trust that having taken so much time to respond to my request that somebody can answer point 3) in a reasonable time.
I can only say that this is pretty poor behaviour from the official
communications watchdog (or is it poodle?)

To clarify: Who is employed in any capacity by both Ofcom and ATVOD?

Yours sincerely,

Peter Adams

Alistair Hall, Office of Communications

Dear Mr Adams

Thank you for providing additional information, to which we will respond as a matter of urgency in due course.

Yours sincerely

:: Alistair Hall
[Ofcom request email]

:: Ofcom
Riverside House
2a Southwark Bridge Road
London
SE1 9HA
020 7981 3000
http://www.ofcom.org.uk

show quoted sections

Dear Office of Communications,

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

I am writing to request an internal review of Office of Communications's handling of my FOI request 'Ofcom regulation/appointment of ATVOD'.

The information asked for has not be given in the required time allowed by law ie Ofcom has broken the law is is supposed to 'police', and may not be fit for purpose.

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

Yours faithfully,

Peter Adams

Alistair Hall, Office of Communications

Dear Mr Adams

Further to the e-mail below, I can confirm that no people are employed by both Ofcom and ATVOD.

Yours sincerely

:: Alistair Hall
[Ofcom request email]

:: Ofcom
Riverside House
2a Southwark Bridge Road
London
SE1 9HA
020 7981 3000
http://www.ofcom.org.uk

show quoted sections

Graham Senior-Milne left an annotation ()

Information Requests, Office of Communications

1 Attachment

Dear Mr Adams

Please find attached Ofcom's response to your request for an Internal Review.

Kind Regards

Information Requests

show quoted sections

Mark Salter left an annotation ()

I'm sure the ICO will be very happy to guide you Peter and in turn Ofcom and Mr Howell in this matter, please raise a case with them.

The FOIA is not 'silent' on clarification or the timings around it as Mr Howell would like to suggest...

Here in an ICO guide entitiled :-
"Time limits for compliance under the Freedom of Information Act (Section 10 )" :- http://bit.ly/VIalSP , the Information Commisioner provides the following very clear and non-silent guidance...

"
44. Where a public authority does require further information
to process a request, there should be no undue delay in contacting the requester.

45. This point is emphasised in Part II paragraph 9 of the Section 45 Code of Practice which states,‘...it is important that the applicant is contacted as soon as possible, preferably by telephone, fax or e-mail, where more information is needed to clarify what is sought.’
"

Once the clarification requested is provided, they do have up to 20 days to reply promptly on the clarification point.

There is no obligation to respond within the initial deadlline to the parts needing clarification.

You might ask the ICO consider the timing of the response also; in the same document above it states :-

"
25. It also follows that an authority which provides its response close to, or on, the final day of the 20 working day limit ought to be able to both account for, and justify, the length of time taken to comply with the request.
"

Please help Mr Howell by making a complaint to the ICO.

- The clarification was not really needed, it was clear in your request what you wanted.
- The the 20 day 'long-stop' deadline is not the date on which to respond unless it really has to be.
- That seeking clarification on the 20th day is really poor (as above)

By the way, Ofcom's reply to the point 'needing' clarification is due *promptly* and *before* the 26th August, although by leaving it so late to seek clarification this is a rather mute point.

Nige Coleman left an annotation ()

I concur with Mark Salter's evaluation. Please, make a formal complaint to the ICO.

An insidious rot has set in with Ofcom. If one reviews the FOIAs submitted to them on this site one will observe a pattern. Ofcom will only fully cooperate when there is an opportunity for a soundbyte; they appear interested only in their own public image. Looking over the FOIAs here one sees obfuscation, convolution, distortion, evasion. If you look more closely, some of the responses contain lies and disinformation.

In a recent response by Ofcom to one request, Ofcom stated that the defendant failed to turn up to the court. However the court records show he was present! In another, Ofcom were asked for a policy document, they instead supplied a private letter between Ofcom and a Limited Company.

I made a Subject Access Request and received 275 pages of intelligence. It contained innumerable errors; libel, breach of copyright, five breaches of the Data Protection Act, including supplying the full name and address of the culprit in my Ofcom case!

The Information Commissioner's Office agreed with my complaint that a breach of the DPA had taken place HOWEVER they chose not to take regulatory action, despite the breach! Instead Ofcom were placed on a 'watch list' for further transgressions. It is for this reason I implore you to not let Ofcom get away with this. When enough disenfranchised people whom have submitted FOIAs, report Ofcom's transgressions, then the ICO will have good cause to take the regulatory action so badly needed against Ofcom.