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Thank you for submitting your Freedom of Information (FOI) request to the
Charity Commission. We will respond within 20 working days.
 
If you have used this email address for a query that is not an FOI
request, we will not reply.
 
Please contact [1]Charity Commission to resubmit general enquiries.
 
This is an automated email. Please do not reply to this email.
 
 
  ________________________________  
On track to meet your filing deadline? Charities have ten months from
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out more at [2]www.charitycommission.gov.uk. Remember to file on time and
use our online services.

Want to know more about how we handle your data? See the Charity
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[3]https://www.gov.uk/government/organisati...

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Dear Mr Katko,

Thank you for your email of 20 August 2018, asking for an internal review
of the response that you received to your request under the Freedom of
Information Act 2000.

I apologise for the delay in providing you with a response.

I have taken forward your request for a review.

Background

On 12 August 2018, you asked for the following information from the
Commission:

“In regards to the Tottenham War Services Institute charitable trust
(217176), has the Charity Commission had any of the following entities
brought to its attention?

- Mr. Abraham "Avi" Dodi
- Alto Property Investments Limited
- Ordan UK Limited
- Mr. David Alton
- ADA Architects

If so, in what capacity?”

The Commission responded on 20 August 2018, confirming that the
information was not held by the Commission.

You requested a review of our decision on 20 August 2018.

Decision Review

I have considered afresh your request of 12 August 2018.

With regard to your request for information regarding Mr Abraham “Avi”
Dodi and Mr David Alton (on the basis that they are individuals), the
Commission neither confirms nor denies that it holds the information you
have requested as the duty in section 1(1)(a) of the Freedom of
Information Act does not apply by virtue of the exemption at section
40(5)(b)(i) of that Act.  This section provides that the duty to confirm
or deny does not arise if in issuing a confirmation or denial in
compliance with section 1(1), this in itself would contravene any of the
data protection principles.

The Commission considers in this instance either confirming or denying we
hold the information requested would breach the first principle found at
article 5(1)(a) of the GDPR.  Disclosure of this information would breach
the fair processing principle where it would be unfair to that person
and/or is confidential. 

The fact that section 40(5) of the Act has been cited should not be taken
as an indication the information you have requested is or is not held by
the Commission.  The terms of this exemption mean that we do not have to
consider whether or not it would be in the public interest for us to
reveal whether or not the information is held.

With regard to your request for information regarding Alto Property
Investments Limited, Ordan UK Limited and ADA Architects, the Commission
neither confirms nor denies that it holds the information you have
requested as the duty in section 1(1)(a) of the Freedom of Information Act
does not apply by virtue of the exemption at section 31(3) of the Act.

Section 31(3) provides that the duty to confirm or deny does not arise if,
or to the extent that, compliance with section 1(1)(a) would, or would be
likely to, prejudice the exercise by the Commission of its functions as
set out in section 31(2) – including, for example, the purpose of
protecting the property of charities from loss or misapplication, or the
purpose of protection charities against misconduct or mismanagement.

In relying on section 31(3), the Commission has balanced the arguments in
favour of giving a neither confirm nor deny response with the factors in
favour of advising you whether we hold the information requested.  On this
occasion, the Commission considers that it is not in the public interest
either to confirm or deny we hold the information requested.

The fact that section 31(3) has been cited should not be taken as an
indication that the information requested is or is not held by the
Commission.

If you remain unhappy with our decision made under the Freedom of
Information Act, you may apply directly to the Information Commissioner
(ICO).  The ICO can be contacted at the Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (email:
[1][email address].)

Yours sincerely,

Lucy Breakspere

Complaints and Freedom of Information Manager

W: [2]https://www.gov.uk/charity-commission

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