Teesside

Ian Johnson made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, Information Commissioner's Office should have responded by now (details). You can complain by requesting an internal review.

Dear Information Commissioner’s Office,

Could you please disclose a list of all the Teesside firms (TS postcode) that you have censured.

Could you please then disclose, for each respective firm:

*Exactly why the firm was censured (i.e. breaching data protection , nuisance calls etc)

* The scale of that breach (i.e. 30,000 nuisance calls, stealing personal data etc)

* The penalty (i.e £10,000 fine etc)

Could you please disclose data only since January 2012.

Yours faithfully,

Ian Johnson

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
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Information Commissioner's Office

8th September 2016

 

Case Reference Number IRQ0643572

 

Dear Mr Johnson

Further to your email of 25 August 2016, we are now in a position to
respond to your request under the terms of the Freedom of Information Act
2000 (FOIA).
 
Your request
 
“Could you please disclose a list of all the Teesside firms (TS postcode)
that you have censured.
 
Could you please then disclose, for each respective firm:
 
*Exactly why the firm was censured (i.e. breaching data protection ,
nuisance calls etc)
 
* The scale of that breach (i.e. 30,000 nuisance calls, stealing personal
data etc)
 
* The penalty (i.e ?10,000 fine etc)
 
Could you please disclose data only since January 2012.”
 
Our response
 
Firstly, it may be helpful to explain that we hold details of Data
Protection Act 1998 (DPA) concerns reported to us by data subjects in our
electronic case management system. The system we use allows us to search
for the casework we have dealt with in a number of different ways, such as
by the unique reference number the case was given, the name and address of
the person who contacted us and the name of any party that has been
complained about.

We can also search for casework on the basis of the broad nature of the
matter, but we can only search on a limited number of fixed criteria which
are structured around the main sections of the Data Protection Act 1998
(DPA), such as the nature and outcome.

We keep this information for a period of two years, in accordance with our
Retention & Disposal Policy, after which time it is automatically deleted
from the system. We only hold very limited information beyond that.
 
We are not able to identify organisations by postcode, by searching
electronically in the way that you anticipated. Unfortunately this means
that to provide you with the specific information you are seeking will
exceed the cost limit at section 12 of the FOIA and I will explain this
further below.
 
As you may be aware 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.
 
We have searched our electronic case management system for cases we have
completed where the organisation’s postcode contains ‘TS’. Our searches
have identified 1500 DPA cases completed.
 
This is because the system will find any postcode that contains the
letters ‘TS’, so it could be at the end of the postcode, rather than the
beginning and the organisation may be in a completely different area of
the country. Further, the search will return results for any address we
have recorded with that postcode and may therefore include organisations
that an office in the area but are actually based elsewhere. An example of
this could be the ICO – we have regional offices in Northern Ireland and
Wales but we are actually based in Wilmslow.
 
We would need to check each case manually and review the case details we
hold. To do this will take a minimum of 125 hours which is well above the
18 hours stipulated by the legislation. This is on the assumption that it
would take approximately 5 minutes to check each case and in some cases it
may take considerably longer to identify the information you have
requested.
 
We may be able to provide more information if you are able to narrow your
request. For example, are there particular organisations that you are
interested in?
 
I will also take this opportunity to explain that specific case details
such as the scale of the breach, if held, would be within the details of
the case. We are unable to search for criteria like that. You may wish to
take this into consideration if you decide to refine your request as, as
above, to provide such details will require a manual review of each case.
 
We publish the details of the regulatory action we take on our website.
This includes the Civil Monetary Penalty Notices that we have issued.
Please see our website here:
[1]https://ico.org.uk/about-the-ico/what-we...
for more information.
 
We are sorry that we have not been able to provide you with the
information that you requested on this occasion but hope that you find our
response useful.
 
Yours sincerely
 
Debi Petch     Lead Information Access Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545221 F. 01625 524510 [2]www.ico.org.uk
ICO Helpline: 0303 123 1113 / 01625 545 745 (Ask for Information Access)
 
If you are dissatisfied with the response you have received under the
Freedom of Information Act 2000 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: [email address]
 
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
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 the Customer Contact Department, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
More information about how to complain is available on our website
[3]here.
 

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

If you are not the intended recipient of this email (and any attachment),
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2. http://www.ico.org.uk/
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