St Marys Priory Catholic Infants and Junior Federation correspondence with ICO

Ms M Jennings 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,

Please provide copies of emails, live chat messages and letters sent to or from the St Marys Priory Catholic Infants and Junior Federation (Registration number Z3019503) and the Information Commissioner's Office from 1st April 2018 until 31st July 2018.

Please provide the dates of any phone calls and case notes or records of any phone calls between 1st April 2018 until 31st July 2018.

Yours faithfully,

Ms M Jennings

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

3 September 2018

 

Case Reference Number IRQ0774319

 

Dear Ms Jennings,

I write further to your 7 August 2018 email in which you submitted an
information request to the ICO. We have dealt with your request under the
Freedom of Information Act 2000 (FOIA) and our response is below.

Your request

You requested the following:

“Please provide copies of emails, live chat messages and letters sent to
or from the St Marys Priory Catholic Infants and Junior Federation
(Registration number Z3019503) and the Information Commissioner's Office
from 1st April 2018 until 31st July 2018. Please provide the dates of any
phone calls and case notes or records of any phone calls between 1st April
2018 until 31st July 2018.”  

Our response

In response to your request, we have conducted searches of our systems
based on the information you provided, including our electronic casework
management system for cases relating to ‘St Marys Priory Catholic Infants
and Junior Federation’. Where held such cases provide a record of
correspondence, case and phone notes in accordance with our retention and
disposal schedule.

[1]Retention and disposal schedule  

We do not record phone calls on our helpline. So after reasonable searches
we are in a position to confirm that no relevant casework or call
information is held.   

The organisation in question holds a current data protection registration
with the ICO under reference Z3019503. Our register of fee payers and
further details can be searched online here: 

[2]Search the register of fee payers  

In relation to live chat messages, unfortunately we are unable to provide
the requested information. Please see our Privacy Notice for an
explanation of how we use information collected as part of our live chat
service:

[3]Privacy Notice  

“We use a third-party provider, Goss Interactive, to supply and support
our live chat service.

If you use this service, we’ll collect your name and the contents of your
live chat session. We’ll also collect your email address, if you choose to
provide it, in order to receive a transcript of the chat. We’ll generally
keep this information for two years. 

Goss Interactive retain transcripts and information on waiting times,
volume and duration of chats for 12 months.”

We consider that the information you have requested is the personal data
of third parties seeking advice from the ICO via our live chat service and
was provided in confidence. As such, we consider that live chat
conversations are exempt under section 40(2) and section 41 of the FOIA.
 
Section 40(2) exempts information in response to a request if it is
personal data belonging to an individual other than yourself and it
satisfies one of the conditions listed in the legislation. The condition
contained in section 40(3A)(a) applies - that disclosure would breach one
of the data protection principles. The principle is that -

“Personal data shall be processed lawfully, fairly and in a transparent
manner...”

Please note that a disclosure under FOIA is a disclosure to the world at
large and it is our view that it would not be within the reasonable
expectations of individuals that their entire communication with the ICO
would be put into the public domain.
 
Section 41 of the Freedom of Information Act states that:

(1) Information is exempt information if—
 

 1. it was obtained by the public authority from any other person
(including another public authority), and
 2. the disclosure of the information to the public (otherwise than under
this Act) by the public authority holding it would constitute a breach
of confidence actionable by that or any other person.

The traditional test of confidentiality involves determining whether
information was obtained in confidence, and whether its disclosure would
constitute an actionable breach of confidence. For the purposes of s41 a
breach will be actionable if:  
 

* the information has the necessary quality of confidence;
* the information was imparted in circumstances importing an obligation
of confidence; and
* there was an unauthorised use of the information to the detriment of
the confider (noting however that the element of detriment is not
always necessary). 

I trust that it will be evident from the circumstances that live chat
information is obtained by the ICO from third parties; the information in
question is not already in the public domain; and there is an expectation
that the information is provided to the ICO in confidence.
 
For this reason, we consider that the exemption at section 41 of FOIA
applies and such information cannot be disclosed.

It may be helpful to advise that if you would like information about a
live chat in which you participated you can request this under the Data
Protection Act 2018 by sending an email
to [4][ICO request email]. To help us search our live chat
archive please supply the date and the email address used for your live
chat.  

That concludes our response, we trust that it is of assistance.

Next steps
 
If you are dissatisfied with the response you have received 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 email [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 visit
the ‘Concerns’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
A copy of our review procedure is available here:

[6]Review Procedure
 
Yours sincerely, 
 
Aideen Oakes

Lead Information Access Officer

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

Please consider the environment before printing this email

For information requests please use [7][ICO request email]

For information about what we do with personal data see our [8]privacy
notice

 

References

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3. https://ico.org.uk/global/privacy-notice/
4. mailto:[ICO request email]
5. mailto:[ICO request email]
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7. mailto:[ICO request email]
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Dear Information Commissioner’s Office,

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

I am writing to request an internal review of Information Commissioner’s Office's handling of my FOI request 'St Marys Priory Catholic Infants and Junior Federation correspondence with ICO'.

Whilst your response in relation to all the data I have requested can be understood, you have not offered any data. I believe that you can and should disclose the number of emails you have sent and those emails which are not sent or received in confidence. Both the school and St Mary's School are public bodies and the school has failed to supply a data security policy, and appears to have no data security policy. It is important to know whether any data security breach has been reported to you.

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

Yours faithfully,

Ms M Jennings

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

Visible links
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2. https://ico.org.uk/global/privacy-notice/
3. http://www.ico.org.uk/tools_and_resource...
4. http://www.twitter.com/ICOnews

Information Commissioner's Office

22 October 2018

 

Case Reference Number RCC0795989

 

Dear Ms Jennings,

Internal Review request – acknowledgement
 
Thank you for your correspondence dated 20 October 2018.  
 
This correspondence will now be treated as a request for an internal
review of the response we provided to your recent request for information
under the Freedom of Information Act 2000.
 
We will aim to respond by 16 November 2018 which is 20 working days from
the day after we received your recent correspondence. This is in
accordance with our internal review procedures which were provided with
our response.
 
Please note your internal review reference number RCC0795989.
 
Yours sincerely, 
 
Aideen Oakes 
 
Lead Information Access Officer

 

Information Commissioner's Office

15th November 2018

 

Case Reference Number RCC0795989

 

Dear Ms Jennings

Thank you for your correspondence dated 20 October 2018. In this
correspondence you asked us to review the response you received to your
request handled under the reference number IRQ0774319.
 
 
Background and response
 
You requested the following information on 7 August 2018:
 
“Please provide copies of emails, live chat messages and letters sent to
or from the St Marys Priory Catholic Infants and Junior Federation
(Registration number Z3019503) and the Information Commissioner's Office
from 1st April 2018 until 31st July 2018. Please provide the dates of any
phone calls and case notes or records of any phone calls between 1st April
2018 until 31st July 2018.”
 
We responded on 3 September 18 and confirmed that we do not hold records
of phone calls to our helpline and that following reasonable searches, we
do not hold information on our casework regarding complaints about or
enquiries from St Marys Priory Catholic Infants and Junior Federation for
the period you specified.
 
As for the live chats messages, it might be of assistance to clarify that
we have carried out reasonable searches on our system for the period
you’ve specified and could not identify chats with the above mentioned
school between the dates of 1 April 2018 and 31 August 2018. For
completeness, we have not received a self- reported breach, during the
period specified,  from the above mentioned school.
 
As you appreciate, the retrieval of information from our saved chats will
depend on the name mentioned on the day and whether or not the individual
chatting stated the school name as this is not mandatory. As such, based
on the reasonable searches we’ve carried out we confirm that no
information is held on live chats for the period you specified.
 
 
While we may be able to carry out a further targeted search if you provide
us with more information about the specific date , time and and email
used for contacting us via the live chat, I reiterate that any information
we retrieve we won’t disclose for the reasons explained by my colleague
Aideen Oaks.
 
I hope the above is of assistance
 
Yours sincerely
 
 
Iman  Elmehdawy
Information Access Service Manager, Risk and Governance Department
Corporate Strategy and Planning Directorate
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
 
 
Next steps

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 here
[1]https://ico.org.uk/media/about-the-ico/p...
 
 

References

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