SSHD SAR Failures

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
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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
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If you are concerned about the way an organisation is handling your
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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
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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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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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11 February 2015

Case Reference Number IRQ0570665

Dear Mr Pearsall

I can confirm that your request for information, contained in your e-mail
of 12 January 2015 , has been passed to myself for attention.
 
We had hoped to be in a position to respond to your request by 9 February
2015, but unfortunately this has not been possible. 
 
Please be assured that we are doing everything we can to process your
request as quickly as possible.   
 
We very much regret this delay, and hope that it does not cause you too
much inconvenience.
 
Thank you for your patience.
 
Yours sincerely

Ashley Duffy
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545625  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

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Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

Please note that 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 ‘[1]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 want an internet search provider to remove a link to information
about you – it will be a little longer before we can respond. We are
currently considering the implications of the recent decision by the Court
of Justice of the European Union and will contact you again in the next
six weeks.

Please note that we will not look at requests to remove internet search
results unless you have first asked the search provider. You should also
send us copies of all related correspondence.

If you have requested advice - we aim to respond within 14 days.

If you have made a request for information held by the ICO - we will
contact you as soon as possible if we need any more information to answer
your request. If we don't need any more information we will respond to you
within our published, and statutory, service levels. For more information
please see our webpage [2]'access information about the ICO' (go to our
homepage and follow the link for ‘about the ICO’).

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
‘[3]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 you have a matter you would like to discuss with us, please call our
helpline on 0303 123 1113 (local rate).

Yours faithfully

The Information Commissioner’s Office

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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

Our newsletter

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

Twitter

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
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Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

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5 March 2015

Case Reference Number IRQ0570665

Dear Mr Pearsall

Thank you for your email, sent earlier this morning.
 
Once again please accept our apologies for the delay in our response to
your information request to the Information Commissioner’s Office, which
we appreciate has been frustrating for you.
 
Your request is being dealt with as a priority, and we will provide a
response by next Friday, 13 March, at the very latest, but will certainly
aim to respond before then. 
 
If you still wish for your request to be reviewed at this stage please can
you confirm this, otherwise you may wish to wait until you have our
response so that you can consider your options then.
 
Yours sincerely
 
 
 

Antonia Swann
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545894  F. 01625 524510  [1]ico.org.uk  [2]twitter.com/iconews
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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
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Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

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13 March 2015

Case Reference Number IRQ0570665

Dear Mr Pearsall

Request for Information
 
Further to our email of 5 March 2015 we can now respond to your request
for information dated 12 January 2015.  Once again, we do apologise for
the delay in this response.
 
As you know 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),
which entitles you to be provided with a copy of any information ‘held’ by
a public authority, unless an appropriate exemption applies.
 
Request and Information Held
 
In your email you asked for information detailing breaches of the Data
Protection Act 1998 (the DPA) by the Secretary of State for the Home
Department (ie the Home Secretary/the Home Office) and all Police Forces. 
Although you have said that your particular interest lies in subject
access issues, where possible we have provided you with full information
about other alleged breaches of the DPA too.
 
Specifically you have asked for the following items of information:
 
 

 1. On how many occasions did the ICO establish/observe breaches of the
Data Protection Act in the years 2008 to date (calendar or financial
year as appropriate) by SSHD.

 2. On how many occasions did the ICO receive complaints about breaches of
the Data Protection Act in the years 2008 to date (calendar or
financial year as appropriate) by SSHD.

 3. Please indicate the cases in which the ICO made use of any of the
following powers; audits, assessment notices, monetary penalties,
criminal prosecutions and reports to parliament.

 4. Please provide details of any cases which the ICO took to court of
failures of the SSHD to respond to SAR’s promptly. (Case reference
numbers, how many cases were taken to court, what outcomes were
achieved).

 5. Of 2.

 1. How many complaints did the ICO uphold in favour of the
complainant.
 2. How many cases did the ICO take to court (also covered in Q4).
 3. Of closed cases - what was the average turn around time from
complaint to beginning of investigation.
 4. Of closed cases – from initial complaint, how long did it take to
resolve complaints (x in 10 days, x in 20 ETC).
 5. Of closed cases – from initial complaint, how many cases did the
complainant proceed to court on their own.
 6. How many cases were found in favour of the SSHD.
 7. How many cases remain unresolved.
 8. Of unresolved cases, please detail how long they have been open
(x for 10 days, x for 11 ETC).

 
Firstly, we should explain that due to our retention criteria our
electronic case management system only holds statistical records dating
back to April 2009, so we are unable to provide you with any case related
information going as far back as January 2008.
 
Secondly, because the Home Office is a registered data controller and the
Chief Constables/Commissioners for the various police forces are also data
controllers, we record complaints and concerns about them separately. 
Where relevant we have provided two sets of information, one relating to
the ‘Home Office’ and one relating to all UK police forces.
 
We would also mention that on 1 April 2014 we changed the way in which we
recorded the outcomes of complaints and concerns raised with the ICO. 
Further details of this are given in the document ‘ICO Operations
Directorate Service Guide’, which can be accessed on our website [1]here. 
we would refer you in particular to section 11 (Page 36) which explains
how case outcomes are recorded, and what the different closure categories
mean.  It is these closure categories that have enabled us to establish
the number and outcome of the complaints/concerns you are interested in.
 
Turning to your specific requests, we would respond to each as follows:
 
On how many occasions did the ICO establish/observe breaches of the Data
Protection Act in the years 2008 to date (calendar or financial year as
appropriate) by SSHD.
 
The figures given below are based on statistics extracted from our case
management system relating to ‘request for assessment’ both before and
after 1 April 2014, and ‘compliance’ cases prior to 1 April 2014.
 
Home Office
 
Of the total number of complaints and concerns about compliance with the
DPA received since 1 April 2009 (see figures in response to Q2 below), 436
have resulted in a ‘compliance unlikely’ outcome.  Of these 436 complaints
and concerns, 366 relate to subject access issues.
 
Police forces
 
Of the total number of complaints and concerns about compliance with the
DPA received since 1 April 2009 (see figures in response to Q2 below)
within the ‘police and criminal records’ sector, 1359 have resulted in a
‘compliance unlikely’ outcome.  Of these 1359 complaints and concerns, 951
relate to subject access issues.
 
On how many occasions did the ICO receive complaints about breaches of the
Data Protection Act in the years 2008 to date (calendar or financial year
as appropriate) by SSHD.
 
Home Office
 
Since 1 April 2009 we have recorded 831 complaints and concerns raised
about compliance with the DPA.
 
Of these 819 have been completed, whilst 12 remain open.
 
Further to your request for a table of cases similar to the one we
provided in the link you included, and given your particular interest in
subject access issues, please see Annex A, which contains the date (by
month and year) and outcomes for all complaints and concerns relating to
the Home Office where the nature is listed as ‘subject access’.   
 
Police forces
 
Since 1 April 2009 we have recorded 4713 complaints and concerns raised
about compliance with the DPA within the ‘police and criminal records’
sector.
 
Of these 4625 have been completed, whilst 73 remain open.
 
As described above, please see Annex B which contains the date (by month
and year), name of police force (where recorded) and outcomes for all
complaints and concerns where the nature is listed as ‘subject access’. 
You will see some of these entries do not have the name of the data
controller listed; this is usually the case where there has been no need
for the ICO to contact the data controller concerned so the name has not
been added.
 
Please indicate the cases in which the ICO made use of any of the
following powers; audits, assessment notices, monetary penalties, criminal
prosecutions and reports to parliament.
 
Home Office
 
Audits:  0
 
Assessment notices: 0
 
Monetary penalties: 0
 
Criminal prosecutions: 0
 
Reports to parliament: 0
 
Police forces
 
Audits:  39 completed since January 2008 (see Annex C attached, which
lists the police forces that have been subject to an audit since January
2008).  Please note that these audits have been carried out as part of a
general good practice project involving all UK police forces, and audits
for the remaining forces not listed are yet to be undertaken and/or
completed.
 
Assessment notices: 0
 
Monetary penalties: 1 (Kent Police in March 2014, details available on our
website [2]here)
 
Criminal prosecutions: 0
 
Reports to parliament: 0
 
Please note that details of all formal regulatory taken by the Information
Commissioner is published on our website for up to two years, and is
available via this link below:
 
[3]https://ico.org.uk/action-weve-taken/
 
For information that is no longer held on our website, the National
Archives has an ‘internet memory’ section in which you can see a
‘snapshot’ of parts of the ICO’s website as it was in the past going back
to 2006.  The link is below:
 
[4]http://webarchive.nationalarchives.gov.u...

 
Please provide details of any cases which the ICO took to court of
failures of the SSHD to respond to SAR’s promptly. (Case reference
numbers, how many cases were taken to court, what outcomes were achieved).
 
No cases involving either the Home Office or any UK police forces resulted
in any of those parties being taken to court by the ICO.
 
Of 2 -
How many complaints did the ICO uphold in favour of the complainant.
 
Home Office
 
As confirmed in response to Q1 and Q2 above, of the 819 complaints and
concerns received since April 2009 about the Home Office that have been
concluded, 436 have resulted in a ‘compliance unlikely’ outcome, of which
366 relate to subject access issues.
 
Police forces
 
As confirmed in response to Q1 and Q2 above, of the 4713 complaints and
concerns received since April 2009 within the ‘police and criminal
records’ sector that have been concluded, 1359 have resulted in a
‘compliance unlikely’ outcome, of which 951 relate to subject access
issues.
 
Of 2 -
How many cases did the ICO take to court (also covered in Q4).
 
No cases involving either the Home Office or any UK police forces resulted
in any of those parties being taken to court by the ICO.
 
 
Of 2 -
Of closed cases - what was the average turn around time from complaint to
beginning of investigation.
 
We do not hold any information regarding average turn around times from
receipt of a complaint to the point at which a case officer starts their
investigation, nor do we keep any statistical or management information
that would enable to us to calculate this.
 
Of 2 -
Of closed cases – from initial complaint, how long did it take to resolve
complaints (x in 10 days, x in 20 ETC).
 
We have only kept records of the time taken to complete a case since April
2012.  Based on these figures, the average number of days taken to
complete a case is 58.33 for Home Office cases, and 60.13 days for cases
relating to the ‘police and criminal records’ sector.
 
Further to the format you’ve asked for, these figures can be broken down
as follows:
 
 

+----------------------------------------------------------+
|No of days to finish|Home Office|Police & criminal records|
|--------------------+-----------+-------------------------|
|0-9 |68 |238 |
|--------------------+-----------+-------------------------|
|10-19 |87 |311 |
|--------------------+-----------+-------------------------|
|20-29 |68 |335 |
|--------------------+-----------+-------------------------|
|30-39 |31 |174 |
|--------------------+-----------+-------------------------|
|40-49 |25 |124 |
|--------------------+-----------+-------------------------|
|50-59 |25 |122 |
|--------------------+-----------+-------------------------|
|60-69 |19 |90 |
|--------------------+-----------+-------------------------|
|70-79 |11 |88 |
|--------------------+-----------+-------------------------|
|80-89 |7 |51 |
|--------------------+-----------+-------------------------|
|90-99 |11 |62 |
|--------------------+-----------+-------------------------|
|100-109 |17 |47 |
|--------------------+-----------+-------------------------|
|110-119 |7 |70 |
|--------------------+-----------+-------------------------|
|120-129 |10 |63 |
|--------------------+-----------+-------------------------|
|130-139 |9 |63 |
|--------------------+-----------+-------------------------|
|140-149 |7 |59 |
|--------------------+-----------+-------------------------|
|150-159 |5 |34 |
|--------------------+-----------+-------------------------|
|160-169 |13 |44 |
|--------------------+-----------+-------------------------|
|170-179 |3 |35 |
|--------------------+-----------+-------------------------|
|180-189 |9 |27 |
|--------------------+-----------+-------------------------|
|190-199 |5 |20 |
|--------------------+-----------+-------------------------|
|200-209 |8 |8 |
|--------------------+-----------+-------------------------|
|210-219 |2 |11 |
|--------------------+-----------+-------------------------|
|220-229 |2 |8 |
|--------------------+-----------+-------------------------|
|230-239 |2 |9 |
|--------------------+-----------+-------------------------|
|240-249 |1 |3 |
|--------------------+-----------+-------------------------|
|250-259 |1 |3 |
|--------------------+-----------+-------------------------|
|260-269 |1 |2 |
|--------------------+-----------+-------------------------|
|270-279 |0 |2 |
|--------------------+-----------+-------------------------|
|280-289 |2 |1 |
|--------------------+-----------+-------------------------|
|290-299 |0 |0 |
|--------------------+-----------+-------------------------|
|300+ |3 |5 |
|--------------------+-----------+-------------------------|
|400+ |0 |2 |
|--------------------+-----------+-------------------------|
|500+ |0 |0 |
+----------------------------------------------------------+

 
 
Of 2 -
Of closed cases – from initial complaint, how many cases did the
complainant proceed to court on their own.
 
We are not aware of, and do not keep specific records of, any cases where
the complainant took a matter to court of their own volition.
 
It is possible that within some of the cases we hold we may have received
some follow up correspondence from the complainant to advise and update us
of any independent legal action they were taking, or had taken.  However,
there is no separate record of this so we would need to individually check
each and every case to see if this was the case.  As there are nearly 1800
cases which resulted in a ‘compliance unlikely’ outcome for both the Home
Office and police and criminal records to check, if each check of each
case took approximately 2 minutes, this would equate to about 60 hours
worth of searching.  Even just looking at the subject access cases (over
1300 in total) would take more than 40 hours.
 
You may be aware that section 12 of the FOIA makes clear that a public
authority (such as the ICO) is not obliged to comply with an FOIA request
if the authority estimates that the cost of complying with the request
would exceed the ‘appropriate limit'.  The ‘appropriate limit’ for the
ICO, as determined in the ‘Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004’ is £450.  We have
determined that £450 would equate to 18 hours work.  Given that the
searches I have outlined above would take well in excess of 18 hours it is
for this reason, and in accordance with section 12 of the FOIA, that we
are not obliged to comply with this part of your request for information.
 
However, if you are able to narrow the scope of your request we may be in
a position to provide the information free of charge, if it will cost us
less than the appropriate limit to do so.  For example, if you can narrow
the dates you are interested in, or if you can name any specific examples
you are aware of where the complainant took the matter to court
themselves, then we may be able to conduct further searches and provide
the information you seek.  I should point out that any reformulated
request you may wish to make to the ICO will be treated as a new FOI
request, and the 20 working day time limit will begin again.
 
Of 2 -
How many cases were found in favour of the SSHD.
 
Home Office
 
As confirmed in response to Q1 and 2 above, of the 819 complaints and
concerns received since April 2009 about the Home Office that have been
concluded, 108 have resulted in a ‘compliance likely’ outcome, of which 79
relate to subject access issues.
 
Police Forces
 
As confirmed in response to Q1 and 2 above, of the 4713 complaints and
concerns received since April 2009 within the ‘police and criminal
records’ sector that have been concluded, 1329 have resulted in a
‘compliance unlikely’ outcome, of which 502 relate to subject access
issues.
 
Please note that it was not possible to reach a conclusion as to whether
there had been a breach of the DPA or not for a number of complaints and
concerns received about the Home Office and police forces, for example
where the complainant did not provide sufficient information, or where the
assessment criteria set out in s42 of the DPA were not.  This is why the
‘compliance likely’ and ‘compliance unlikely’ figures do not add up to the
total number of complaints and concerns received.
 
Of 2 -
How many cases remain unresolved.
 
Home Office
 
The figures relating to ‘request for assessment’ cases both before and
after 1 April 2014, and ‘compliance’ cases prior to 1 April 2014 show that
12 remain open.
 
Police forces
 
The figures relating to ‘request for assessment’ cases both before and
after 1 April 2014, and ‘compliance’ cases prior to 1 April 2014 show that
73 remain open.
 
Of 2 -
Of unresolved cases, please detail how long they have been open (x for 10
days, x for 11 ETC).
 
See table below:
 
 

+-----------------------------------------------------+
|No of days open|Home Office|Police & criminal records|
|---------------+-----------+-------------------------|
|1-9 |0 |21 |
|---------------+-----------+-------------------------|
|10-19 |0 |7 |
|---------------+-----------+-------------------------|
|20-29 |0 |10 |
|---------------+-----------+-------------------------|
|30-39 |1 |4 |
|---------------+-----------+-------------------------|
|40-49 |2 |2 |
|---------------+-----------+-------------------------|
|50-59 |0 |0 |
|---------------+-----------+-------------------------|
|60-69 |1 |5 |
|---------------+-----------+-------------------------|
|70-79 |0 |3 |
|---------------+-----------+-------------------------|
|80-89 |2 |5 |
|---------------+-----------+-------------------------|
|90-99 |1 |3 |
|---------------+-----------+-------------------------|
|100-124 |1 |9 |
|---------------+-----------+-------------------------|
|125-149 |2 |0 |
|---------------+-----------+-------------------------|
|150-174 |0 |1 |
|---------------+-----------+-------------------------|
|175-199 |0 |0 |
|---------------+-----------+-------------------------|
|200+ |1 |2 |
|---------------+-----------+-------------------------|
|300+ |1 |1 |
+-----------------------------------------------------+

 
 
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 [5][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 either the Freedom of Information Act
or Environmental Information Regulations.
 
A copy of our review procedure can be accessed from our website [6]here.
 
 
Yours sincerely
 
 
 

Antonia Swann
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545894  F. 01625 524510  [7]ico.org.uk  [8]twitter.com/iconews
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Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

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2. https://ico.org.uk/action-weve-taken/enf...
3. https://ico.org.uk/action-weve-taken/
4. http://webarchive.nationalarchives.gov.u...
5. mailto:[ICO request email]
6. https://ico.org.uk/media/about-the-ico/p...
7. http://ico.org.uk/
8. https://twitter.com/iconews