Personal data held by BT

Jt Oakley made this Freedom of Information request to Information Commissioner's Office

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

Information Commissioner's Office did not have the information requested.

Dear Information Commissioner’s Office,

BT states that the Information Commissioner’s Office has made a decision on whether phone numbers of those who have phoned the person requesting SAR can be disclosed to that person within a SAR .

This does include withheld numbers as - obviously - the call taker has never been supposed with the numbers on their phone system, as they are displayed as ‘Number Witheld’ (instead of the callers number being readily displayed, with the permission that it be so.)

Nb The displayed numbers are a feature that BT used to sell to customers wanting the numbers of incoming calls to be displayed on their phone. Customers used to pay for the facility.

BT states that although it has already supplied customers with the displayed numbers, these cannot be provided with a SAR , as they are retrospectively covered by Section 40.

And BT can’t tell one number from another, even though there, logically, must have been a technical facility of displaying calls as Witheld on the BT system.

Could you please supply the ICO’s correspondence with BT on this Decision, inlckuding the technical advice given to the iCO , on why BT is incapable of determining withheld numbers on its system and the Decision given to BT, as BT states.

Yours faithfully,

Jt Oakley

AccessICOinformation, 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]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.

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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Information Commissioner's Office

1 Attachment

22 January 2019

 

Case Reference Number IRQ0809011

 

Dear J Oakley

Information request

I write in response to your request via WhatDoTheyKnow.com email for
information from the Information Commissioner’s Office (ICO).
 
We have considered your request both as a subject access request under the
Data Protection Act 1998 (the DPA) and as a request under section 1(1) of
the Freedom of Information Act 2000 (FOIA), depending on whether the
information held is your personal data or not, and our response is
detailed below.

Your request

You request reads as follows: “Could you please supply the ICO’s
correspondence with BT on this Decision, inlckuding the technical advice
given to the iCO , on why BT is incapable of determining withheld numbers
on its system and the Decision given to BT.”

Our response

I can confirm we hold information in the scope of your request.
 
However, I thought it might help to explain that we exchanged
correspondence on this issue with a representative of the telecoms
industry, including BT, rather than with BT in its own right. We can
provide this correspondence to you, and a copy is attached.
 
However I should also explain that this correspondence was exchanged for
the purpose of investigating the data protection complaint of another
individual.
 
Because a substantial portion of the correspondence relates to that
individual and the complaint they brought to the ICO with an expectation
of confidence, those parts of the correspondence have been redacted. I
have explained below about how the FOIA exempts this information from
disclosure. 
 
I attach the information which is not exempt.

This redacted information is exempt from disclosure to you under the
following exemptions:
 
 

* 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.
* Section 44(1)(a) of the FOIA which states; ‘(1) Information is exempt
information if its disclosure (otherwise than under this Act) by the
public authority holding it -

 1. is prohibited by or under any enactment’

 
In this case, the Data Protection Act 2018, Part 5, section 132 prohibits
the disclosure of confidential information that -
 
 

 1. has been obtained by, or provided to, the Commissioner in the course
of, or for the purposes of, the discharging of the Commissioner’s
functions,
 2. relates to an identified or identifiable individual or business, and
 3. is not available to the public from other sources at the time of the
disclosure and has not previously been available to the public from
other sources, unless the disclosure is made with lawful authority. 

 
We do not have lawful authority to disclose to this information as it was
provided to us in confidence. Section 132(3) imposes a criminal liability
on the Commissioner and her staff not to disclose information relating to
an identifiable individual or business for the purposes of carrying out
our regulatory functions, unless we have the lawful authority to do so or
it has been made public from another source.
 
This concludes our response to your request. I hope the information
provided is helpful.

Review Procedure

If you are not satisfied that your request for information has been dealt
with correctly, please write to the Information Access Team at the address
below, reply directly to this email (with the reference number contained
within the square brackets left intact), or email us at
[1][ICO request email], quoting the reference number …

Your request for a 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.

Ultimately if you are not satisfied that your request for information 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
relevant legislation.  To make such an application, please write to our
Customer Contact Team at the address below, or visit the ‘Report a
Concern’ section of our website.
 
A copy of our review procedure is available [2]here.
 
Yours sincerely

 

Frederick Aspbury
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6397 F. 01625 524510  [3]ico.org.uk  [4]twitter.com/iconews
Please consider the environment before printing this email
For information about what we do with personal data see our [5]privacy
notice

 
 

References

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Dear Information Commissioner’s Office,

Review of this request
BT states that the Information Commissioner’s Office has made a decision on whether phone numbers of those who have phoned the person requesting SAR can be disclosed to that person within a SAR .

This does include withheld numbers as - obviously - the call taker has never been supposed with the numbers on their phone system, as they are displayed as ‘Number Witheld’ (instead of the callers number being readily displayed, with the permission that it be so.)

Nb The displayed numbers are a feature that BT used to sell to customers wanting the numbers of incoming calls to be displayed on their phone. Customers used to pay for the facility.

BT states that although it has already supplied customers with the displayed numbers, these cannot be provided with a SAR , as they are retrospectively covered by Section 40.

And BT can’t tell one number from another, even though there, logically, must have been a technical facility of displaying calls as Witheld on the BT system.

Could you please supply the ICO’s correspondence with BT on this Decision, inlckuding the technical advice given to the iCO , on why BT is incapable of determining withheld numbers on its system and the Decision given to BT, as BT states.

===

Thank you but I would never ask for personal information on the wdtk FOIA site.

There seems to be a major misunderstanding.

As stated above, I am asking for the DECISION made on the case...as BT has led me to understand that one was made.

I could not find it on the Information Commissioner’s Office Decisions website, so I wondered where it was.

Have BT misinformed me that a Decision which allows BT to withhold Customer SAR data (for which the customer has ALREADY paid to be displayed on their system) has been made. And if it has, where can I read it?

The Decision, will have presumably have noted that where calls are not anonymised by the caller (easily done on ‘Number Withheld’, ), logically the caller has therefore already CHOSEN to provide their telephone number details to the customer.

::

The Decision, if it exists.. as BT states , should give me the technical logic for why Data - which has ALREADY been provided to a customer, as the customer has PAID for the facility to be transmitted to their phone system and read it, is no longer available to that customer.

It is the FOIA AND LEGAL logic of the cut off point, - when the data no longer becomes available to the customer - at a later data - in which I am interested.

Because if the telephone number should never have been provided to the paying customer, then surely BT was wrong to provide and charge for it in the first place?

Therefore there must be a FOIAct reason why it cannot be provided a SECOND time.

Ps - I do not see any attachments.

Yours faithfully,

Jt Oakley

AccessICOinformation, 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]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.

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

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[3]http://www.ico.org.uk/tools_and_resource...

Twitter

Find us on Twitter at [4]http://www.twitter.com/ICOnews

 

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Information Commissioner's Office

1 Attachment

23 January 2019

 

Case Reference Number IRQ0809011

 

Dear J Oakley

Thank you for your email.
 
I reattach the information within scope. Please let me know if you fail to
receive it a second time.
 
Yours sincerely
 
 

Frederick Aspbury
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6397 F. 01625 524510  [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 [3]privacy
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Information Commissioner's Office

20 February 2019

 

Case Reference Number RCC0815348

 

Dear J Oakley

Review of response to information request
 
I write further to your email of 23 January in which you requested a
review of the handling of your request dealt with under the reference
number IRQ0809011.
 
My name is Danny Langley and I am an Information Access Service Manager. I
can confirm that I have had no prior involvement in the handling of this
request.
 
Request and response
 
We received your request on 21 December. It read as follows:
 
“BT states that the Information Commissioner’s Office has made a decision
on whether phone numbers of those who have phoned the person requesting
SAR can be disclosed to that person within a SAR. This does include
withheld numbers as - obviously - the call taker has never been supposed
with the numbers on their phone system, as they are displayed as ‘Number
Witheld’ (instead of the callers number being readily displayed, with the
permission that it be so.) Nb The displayed numbers are a feature that BT
used to sell to customers wanting the numbers of incoming calls to be
displayed on their phone. Customers used to pay for the facility. BT
states that although it has already supplied customers with the displayed
numbers, these cannot be provided with a SAR , as they are retrospectively
covered by Section 40. And BT can’t tell one number from another, even
though there, logically, must have been a technical facility of displaying
calls as Witheld on the BT system. Could you please supply the ICO’s
correspondence with BT on this Decision, inlckuding the technical advice
given to the iCO , on why BT is incapable of determining withheld numbers
on its system and the Decision given to BT, as BT states.”  
 
Frederick Aspbury provided our response on 22 January. He explained that
the relevant correspondence was held with a representative of the telecoms
industry, including BT, rather than with BT in its own right.
 
He provided a copy of the relevant correspondence, which was held in the
process of investigating a data protection complaint. This included the
information provided by the industry representative and our response.
Redactions were made to information within the correspondence because it
was exempt pursuant to section 40 or section 44 of the Freedom of
Information Act 2000 (FOIA) and Mr Aspbury provided an explanation of why
those exemptions applied.
 
In your request for a review you have said that:
 
“There seems to be a major misunderstanding. As stated above, I am asking
for the DECISION made on the case...as BT has led me to understand that
one was made. I could not find it on the Information Commissioner’s Office
Decisions website, so I wondered where it was. Have BT misinformed me that
a Decision which allows BT to withhold Customer SAR data (for which the
customer has ALREADY paid to be displayed on their system) has been made.
And if it has, where can I read it?”
 
However I find that your request had stated:
 
“Could you please supply the ICO’s correspondence with BT on this
Decision, inlckuding the technical advice given to the iCO”
 
This identifies the correspondence regarding the ‘decision’ and the
‘technical advice given to the ICO’ as the scope of the request. As a
result I do not accept that the scope of the request, as provided, was
misconstrued. As you have seen, we disclosed the submission and our
concluding response in that matter.
 
I understand that you were hoping to see a clearer detailing of our
opinion on this subject. As you know, the FOIA entitles applicants to
copies of recorded information held by public authorities. I am satisfied
that the information within the scope of your request as it was received
was considered for disclosure, with you being provided with the
information we held and which did not fall under an appropriate exemption.
 
I therefore uphold our response of 22 January. If you wish to make an
enquiry with us regarding subject access requests and telephone numbers
you can do this through our website or by contacting us via
[1][email address] rather than through FOI requests which can only
provide information held at the time of your request. Please note that
enquiries are not accepted through whatdotheyknow.com, which is a service
exclusively for FOIA requests.
 
This concludes our internal review into the above information request.
 
Complaint procedure
 
If you are dissatisfied with the outcome of this review you can make a
formal complaint with the ICO in its capacity as the regulator of the
Freedom of Information Act 2000. Please follow the link below to submit
your complaint:

[2]https://ico.org.uk/concerns/

Yours sincerely
 
 

Danny Langley
Information Access Service Manager
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6784  F. 01625 524510  [3]ico.org.uk  [4]twitter.com/iconews
For information about what we do with personal data see our [5]privacy
notice.
Please consider the environment before printing this email

 
 
 

References

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Dear Information Commissioner’s Office,

Thank you but the first line of the request states...

A. ‘BT states that the Information Commissioner’s Office has made a decision on.....’

Clearly I had expected that the decision as stated in your reply ( not internal advice beween The Information Commissioner’s Office and BT ) would it be on the Information Commissioner’s Office website, which, as I’ve stated, I’ve been unable to find.

Again....as it is still missing from the response, please could you refer me to this decision, or supply it?

==

Logically, that decision was the starting point of the request.

Which I asked to be ‘worked back’... to see how the decision was made.

So the rest of the request refers to the making of that decision. The terms used and the explanation technology behind it, so that the Information Commissioner’s Office could make its decision.

==

Once I’ve read the published decision, then hopefully I will be able to understand -at least - the thinking behind it.

==

B The alternative is to confirm that that no published decision exists.

And that BT has misinformed me.

C Unless the Information Commissioner’s Office makes decisions which are now unavailable to the public.

==

Thank you for the information on SAR’s ...but this is an FOIA request, asking about a particular decision, and it’s formation which clearly must apply to more people than me,

Yours faithfully,

Jt Oakley

AccessICOinformation, 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]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.

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

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[3]http://www.ico.org.uk/tools_and_resource...

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Information Commissioner's Office

5 March 2019

 

Case Reference Number RCC0815348

 

Dear J Oakley

Thank you for your email.
 
You made a request for information and we supplied all of the information
we hold within scope of that request, exempting only personal data and a
small amount of information provided in confidence by the controller.
Nothing else, including any “decision” other than that which was supplied,
has been exempted from our response.
 
It was explained to you in Danny Langley’s response to your request for
review, dated 20 February, that we appropriately responded to the wording
of your request.
 
To the extent that your email could be interpreted as a separate request
for information, we understand it to be a repeat request which has already
been responded to and reviewed. We do not intend to respond to repeated
requests for information.
 
To reiterate what was explained to you in Danny Langley’s review:
 
If you wish to make an enquiry with us regarding subject access requests
and telephone numbers you can do this through our website or by contacting
us via [1][email address] rather than through FOI requests which can
only provide information held at the time of your request. Please note
that enquiries are not accepted through whatdotheyknow.com, which is a
service exclusively for FOIA requests.

Yours sinderely
 

Frederick Aspbury
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6397 F. 01625 524510  [2]ico.org.uk  [3]twitter.com/iconews
Please consider the environment before printing this email
For information about what we do with personal data see our [4]privacy
notice

 
 

References

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Dear Information Commissioner’s Office,

Thank you Mr Aspbury - for your confirmation that there was never any decision made on the subject of the Request.

And that BT has either misinformed me that there had been a Decision made on this issue , which logically has to be publicly availabke, since all Information Commissioner’s Office decions are so. Or that BT have made a mistake.

Request closed.

Yours faithfully,

Jt Oakley

AccessICOinformation, 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]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.

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

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[3]http://www.ico.org.uk/tools_and_resource...

Twitter

Find us on Twitter at [4]http://www.twitter.com/ICOnews

 

References

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