Subject Access Request

The request was refused by Northern Ireland Public Services Ombudsman.

Dear Northern Ireland Public Services Ombudsman,

It is unusual to request a SAR here, but as NIPSO has refused to provide same, it is necessary.
The Legal Department claim that they have no connection with a certain named PSNI Officer, but the SAR from the PSNI states differently.

I hereby request that the SAR is provided in full without further delay and not another 20 days.
Yours faithfully,

Tina Irving

Dear Northern Ireland Public Services Ombudsman,

An off line report dated 27th July 2023 indicates that the Northern Ireland Public Services Ombudsman has no intention of supplying this information.

Yours faithfully,

Tina Irving

NIPSO Legal Services, Northern Ireland Public Services Ombudsman

Dear Ms Irvine

RE: Internal review of Freedom of Information request - Subject Access Request
=================================================================

Please confirm if this is a request for an "Internal Review" of a previous freedom of information response letter sent to you by NIPSO or if you are requesting to make a new FOIA request for information.

If this is a request for a review of a previous response letter sent to you please provide the Information Request Reference which relates to this email request.

The subject line of your email refers to Subject Access Request. Section 40 of the Freedom of Information Act 2000 ("FOIA 2000") does not permit this office to respond to a subject access request (GDPR and Data Protection Act 2018) under FOIA 2000. You have chosen a website which only requests FOIA information requests. NIPSO cannot publish a data subject's personal data on a public website such as this.

Please ensure that your response is made to NIPSO Legal Services <[email address]>

No further action will take place regarding this matter until you have clarified this.
===================================================================

Kind regards
NIPSO Legal Services

show quoted sections

Smyth, Greg, Northern Ireland Public Services Ombudsman

2 Attachments

Dear Ms Irving.

 

Re  IR-FOIA-20230027

 

I refer to your SAR request.  You have sent this SAR request to a Freedom
of Information Act 2000 (“FOIA 2000”) web portal.  This means that all of
the personal data which you have sent is open to be viewed by the world at
large.  It is not advisable to share personal data in such a manner as it
places personal data security at risk.

 

 1. Under the FOIA 2000 a public body has 20 working days to respond to a
FOIA request. 
 2. A Subject Access Request (“SAR”), is actually regulated by the Data
Protection Act 2018 and the General Data Protection Regulations, under
which a Data Controller should respond within one calendar month.
 3. Your request was received on Tuesday 25^th July 2023, I believe you
sent the email outside working hours on the previous day.

 

My Response to your FOIA Request

 

Under section 40 of the FOIA 2000 this Office is unable to provide
personal data in respect of an applicant under a FOIA 2000 request. 

 

Section 40 Personal information.

 1. Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is
the data subject.

 

For your convenience I have attached all of section 40 of the FOIA as it
relates to personal data requests under the FOIA.

 

Making a SAR request

 

If you wish to make a SAR request you should do so in a private mail or
email.  If you are making a SAR request then please provide full details
of what precisely you are requesting as information. 

 

Making a SAR may result in a request for identity confirmation in certain
circumstances.

 

This office will not be providing personal data on this portal. 

 

 

Conclusion

 

If you are not satisfied with my response to your FOIA request you may
seek an internal review within 2 months, from:

 

Mr Andrew Ruston

Director

Northern Ireland Public Services Ombudsman’s Office

Progressive House

33 Wellington Place

Belfast

BT1 6HN

Email: [1][Northern Ireland Public Services Ombudsman request email]

(I am also prepared to accept an email for review to this email address
and I will forward it to Mr Ruston)

 

If you are not content with the outcome of any internal review requested
by you, then may 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

 

I recognise that you may not be satisfied with my response, however I hope
that my explanation will explain why I am not in a position to provide you
with this information.

 

Yours sincerely,

 

 

 

 

Gregory Smyth

Solicitor

Northern Ireland Public Services Ombudsman's Office
Progressive House | 33 Wellington Place | Belfast | BT1 6HN
+ Email: [2][email address]
' Telephone: 0800 343424

 

 

 

References

Visible links
1. mailto:[Northern Ireland Public Services Ombudsman request email]
2. mailto:[email address]

Tina Marshall (Account suspended) left an annotation ()

This matter is now with the ICO and we await their response. It is not acceptable behaviour to ask for ID after two years of dealing, especially as Mr. Smyth has interfered in my private affairs and proved untrustworthy. This has been treated as attempted identity theft.