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This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

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The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Dear Mr Evans,
 
Thank you for your enquiry below.
 
You have requested that we publish analysis documentation from 2016 in
relation to CMC regulation. We can confirm that this documentation will
not be published as it contains both personal information and confidential
information which we have received under Section 348 of the Financial
Services and Markets Act 2000 (FSMA). You can find out more about our
restrictions of sharing such information at the following link;
[1]https://www.fca.org.uk/freedom-informati...
 
However you may find it helpful to know that there is some information
publicly available which can be found at the links provided below:
 
The primary publications are as follows;
Claims Management Regulator: annual reports – available at
[2]https://www.gov.uk/government/collection...
Independent review of claims management regulation, led by Carol Brady –
available at
[3]https://www.gov.uk/government/publicatio...
 
Some of the stats cited in the above reports came from these publicly
available sources;
Claims management company regulations, guidance and legislation –
available at
[4]https://www.gov.uk/guidance/claims-manag...
Claims Management Regulator: Latest CMR news and publications – available
at
[5]https://www.gov.uk/government/collection...
CMC complaints data published by the Legal Ombudsman – available at
[6]http://www.legalombudsman.org.uk/cmc/
Quantitative research commissioned for the FCA about PPI complaints –
available at
[7]https://www.fca.org.uk/publication/consu...
Qualitative research commissioned for the FCA about PPI complaints –
available at
[8]https://www.fca.org.uk/publication/consu...
 
 
 
 
Information Disclosure Team / Cyber and Information Resilience Department
/ Operations
12 Endeavour Square
London
E20 1JN
 
[9]www.fca.org.uk
 
Follow us:
 
[10][IMG][11][IMG] [12][IMG][13][IMG]
 
 
 
 
 
 

show quoted sections

Our Ref: FOI5901
 
Dear Mr Evans
 
Freedom of Information : Right to know request
 
Thank you for your request under the Freedom of Information Act 2000 (“the
Act”) for the following information:
 
“In relation to the regional roadshows that the FCA organised as part of
the consultation process around CP 18/15 can you please make available the
transcribed notes of each session, with any commercially sensitive
information redacted.”
 
Your request has now been considered. We can confirm we hold the
information you have requested and this can be found attached in Annex A.
 
However, we are unable to disclose some of the information to you as it
comprises the personal data of an individual other than yourself and
therefore section 40 (Personal information) of the Act applies.
 
In addition, some of the information is (or contains) confidential
information under section 348 of the Financial Services and Markets Act
2000 (“FSMA”). As a result, we are prohibited from disclosing the
information under section 44 (Prohibitions on disclosure) of the Act.
 
For a detailed explanation of why these exemptions apply, please refer to
Annex B.
 
Please be aware, these notes were prepared as working documents for
internal purposes and have not been prepared to publishable quality. As
such they contain typographical errors and references which may not always
be clear to those not directly involved in the policy and events. Please
also note that comments by individual FCA attendees and note-takers do not
necessarily reflect the views of the FCA more generally.
 
Yours sincerely
 
Information Disclosure Team / Cyber and Information Resilience Department
/ Operations
12 Endeavour Square
Stratford
London
E20 1JN
 
Tel:    +44 (0)20 7066 8080
 
[1]www.fca.org.uk
 
 
Your right to complain under the FoI Act
 
If you are unhappy with the decision made in relation to your request, you
have the right to request an internal review.  If you wish to exercise
this right you should contact us within three months of the date of this
response.
 
If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner at Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF.  Telephone: 01625 545 700.  Website: [2]www.ico.org.uk
 
Annex A
 
 
Annex B
 

* General right of access to information held by public authorities

 
Under section 1(1)(a) of the Act, any person making a request for
information to a public authority is entitled to be informed in writing by
the public authority whether it holds information of the description
specified in the request.  If the public authority holds information of
the type specified in the request, the person requesting the information
is entitled under section 1(1)(b) of the Act to have the information
communicated to them.  The rights in section 1(1)(a) and (b) are subject
to a number of exclusions and exemptions.
 
 
 

* Section 40 (Personal Information)

 
To the extent that the information that we hold contains personal data
about an individual, section 40(2)(b) of the Act provides that "[a]ny
information to which a request for information relates is also exempt
information if … either the first or second condition below [see sections
40(3) and 40(4) of the Act] is satisfied".
 
We have applied this exemption because the first condition (as stated in
section 40(3) of the Act) is satisfied.  The information you have
requested comprises the personal data of an individual other than yourself
which, if disclosed, would breach the requirements of the General Data
Protection Regulations (“GDPR”) including the data protection principles
of Article 5 and the Data Protection Act 2018 (“DPA”).
 
In particular, it would be a breach of the first data protection Principle
as set out in Article 5 of the GDPR, to disclose such information, as it
would not be necessary or fair to the individual concerned, or lawful,
where none of the conditions in Article 6(1) of the GDPR have been met. 
The individual concerned has not given his consent for his personal
details to be made public and the release of such information may be
detrimental to the individual himself.
 
 

* Section 44 (Prohibitions on disclosure)

 
Section 44(1)(a) provides that information is absolutely exempt if its
disclosure (otherwise than under the Act) is prohibited by or under any
enactment.
 
Section 348 of FSMA restricts the FCA from disclosing "confidential
information" it has received except in certain limited circumstances (none
of which apply here).
 
Confidential information for these purposes is defined as information
which relates to the business or other affairs of any person and which was
received by the FCA for the purposes of or in the discharge of its
functions under FSMA and which is not in the public domain.
 
The information received by the FCA was received for the purpose of
carrying out our functions as a regulator and falls within section 348 of
FSMA.  Consequently the FCA is prohibited from disclosing it to you.
 
Disclosure of any such confidential information is in breach of section
348 of FSMA and is a criminal offence.
 
Both sections 40 and 44 of the Act are absolute exemptions so it is not
necessary to balance the public interest for and against disclosing the
information.
 
 
 
 
This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

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1. http://www.fca.org.uk/
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