Use of internet

David Ashworth made this Freedom of Information request to North Wales Fire and Rescue Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear North Wales Fire and Rescue Service,

As I am sure that, like every other public body, you are able to keep track of your employees use of computers, I would like the following information;

How much time does your employee, [name removed] [name removed] [name removed], spend on the public internet during working hours?

Does she access the website [personally identifiable information removed] during working hours and on North Wales Fire and Rescues computers?

Does she submit information to [personally identifiable information removed] during working hours?

Does she access Facebook and the Facebook page [personally identifiable information removed] during working hours?

What is your organisations policy on the use of the internet during working hours?

What is your organisations policy in relation to race and diversity?

Yours faithfully,

D A.

Brian Mottershead, North Wales Fire and Rescue Service

Dear Sir,

 

I hereby acknowledge receipt of your request for information as detailed
below, which is being actioned under the terms of the Freedom of
Information Act 2000. This is now receiving my attention and you will
receive a response within 20 working days. To confirm, your request was
received on 25^th May 2015 and you have supplied an email address for
response.

 

Yours faithfully,

Brian Mottershead
Swyddog Rhyddid Gwybodaeth/Freedom of Information Officer
Gwasanaeth Tân ac Achub Gogledd Cymru/North Wales Fire and Rescue Service
Ffôn / Telephone: 01745 535290
Ffôn Symudol / Mobile Phone: 07787 578350
Ffacs / Fax: 01745 535296

Am archwiliad diogelwch tân yn y cartref yn rhad ac am ddim, ffoniwch
0800 169 1234, e-bostiwch [1][email address] neu ymwelwch â
[2]www.gwastan-gogcymru.org.uk.

 

For a free home fire safety check, please call 0800 169 1234, e-mail
[3][email address] or visit
[4]www.nwales-fireservice.org.uk.

 

show quoted sections

Brian Mottershead, North Wales Fire and Rescue Service

Dear Sir,

Further to your recent request made under the terms of the Freedom of Information Act as detailed below, the response from North Wales Fire and Rescue Service (NWFRS) is as follows:

The internet usage of any specific NWFRS employee is exempt under section 40 (personal information) of the Freedom of Information Act, as the information constitutes third party data. Section 40(2) provides that personal data about third parties is exempt information if one of the conditions set out in section 40(3) is satisfied. Under the Act disclosure of this information would breach the fair processing principle contained in the Data Protection Act (DPA), where it would be unfair to that person/is confidential. Guidance from the Information Commissioner’s Office relating to the release of such contact data states:

“The presumption is in favour of protecting privacy, so the release of personal information will only be fair if there is a genuine reason to disclose. This involves a three-stage test. A public authority will generally have to satisfy itself that:
• there is a legitimate interest in disclosure;
• the legitimate interest can only be met, or fully met, by the disclosure of information which identifies individuals (i.e. the disclosure is necessary to that purpose); and,
• the disclosure would not involve unwarranted detriment to the individual’s privacy or other rights and legitimate interests.”

The policy of NWFRS with regard to personal use of the Internet NWFRS by states:

“NWFRS recognises the need for individuals to have to carry out some personal tasks at work, e.g. for internet banking or on-line shopping, and this is permitted subject to the same rules as are set out for personal e-mail use. If these activities require additional software to be installed onto a PC/laptop then this will not be permitted.
Use of the Internet is for business purposes. However personal use is permitted but must be outside of core working hours. No personal use of the Internet should therefore take place during core working hours. Access to the Internet for non-work purposes must be done in the employee’s own time.”
The information relating NWFRS’s policy on race and diversity is exempt under Section 21 of the Freedom of Information Act, because the information is accessible to you, as it is already in the public domain on the NWFRS web site here - http://www.nwales-fireservice.org.uk/med...

If you are unhappy with the way your request for information has been handled, you can request a review by writing to:

The Freedom of Information Officer
North Wales Fire and Rescue Service Headquarters
Ffordd Salesbury
St Asaph Business Park
St Asaph
Denbighshire
LL17 0JJ

If you remain dissatisfied with the handling of your request, you have a right to appeal to the Information Commissioner at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.gov.uk

There is no charge for making an appeal.

Yours faithfully,

Brian Mottershead
Swyddog Rhyddid Gwybodaeth/Freedom of Information Officer
Gwasanaeth Tân ac Achub Gogledd Cymru/North Wales Fire and Rescue Service

________________________________________
From: David Ashworth [[FOI #269944 email]]
Sent: 25 May 2015 09:52
To: foi
Subject: Freedom of Information request - Use of internet

Dear North Wales Fire and Rescue Service,

As I am sure that, like every other public body, you are able to keep track of your employees use of computers, I would like the following information;

How much time does your employee, [name removed] [name removed] [name removed], spend on the public internet during working hours?

Does she access the website [personally identifiable information removed] during working hours and on North Wales Fire and Rescues computers?

Does she submit information to [personally identifiable information removed] during working hours?

Does she access Facebook and the Facebook page [personally identifiable information removed] during working hours?

What is your organisations policy on the use of the internet during working hours?

What is your organisations policy in relation to race and diversity?

Yours faithfully,

D A.

-------------------------------------------------------------------

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Brian Mottershead, North Wales Fire and Rescue Service

Brian Mottershead would like to recall the message, "Freedom of Information request - Use of internet".
******************************************************************************
Cyfrinachedd: Mae’r neges e-bost hon ac unrhyw ffeiliau a drosglwyddir gyda hi, yn breifat ac fe allent fod yn cynnwys gwybodaeth sy’n gyfrinachol neu’n gyfreithiol-freintiedig. Os byddwch yn derbyn y neges hon trwy gamgymeriad, a fyddech mor garedig â rhoi gwybod inni a chael gwared arni o’ch system ar unwaith.

Ymwadiad: Fe allai e-bostio trwy’r We fod yn agored i oedi, rhyng-gipio, peidio â chyrraedd, neu newidiadau heb eu hawdurdodi. Felly, nid yw’r wybodaeth a fynegir yn y neges hon yn cael cefnogaeth GTAGC oni bai fod cynrychiolydd awdurdodedig, yn annibynnol ar yr e-bost hwn, yn hysbysu ynghylch hynny. Ni ddylid gweithredu o ddibynnu ar gynnwys yr e-bost hwn yn unig.

Monitro: Bydd GTAGC yn monitro cynnwys e-byst at ddiben atal neu ddarganfod troseddau, a hynny er mwyn sicrhau diogelwch ein systemau cyfrifiadurol a gwirio cydymffurfiad â’n polisïau.

Gwasanaeth Tân ac Achub Gogledd Cymru
Parc Busnes Llanelwy, Sir Ddinbych. LL17 0JJ

show quoted sections

Brian Mottershead, North Wales Fire and Rescue Service

Dear Sir,

Further to your recent request made under the terms of the Freedom of
Information Act as detailed below, the response from North Wales Fire and
Rescue Service (NWFRS) is as follows:

The internet usage of any specific NWFRS employee is exempt under section
40 (personal information) of the Freedom of Information Act, as the
information constitutes third party data. Section 40(2) provides that
personal data about third parties is exempt information if one of the
conditions set out in section 40(3) is satisfied. Under the Act disclosure
of this information would breach the fair processing principle contained
in the Data Protection Act (DPA), where it would be unfair to that
person/is confidential. Guidance from the Information Commissioner’s
Office relating to the release of such contact data states:

“The presumption is in favour of protecting privacy, so the release of
personal information will only be fair if there is a genuine reason to
disclose. This involves a three-stage test. A public authority will
generally have to satisfy itself that:

• there is a legitimate interest in disclosure;

• the legitimate interest can only be met, or fully met, by the
disclosure of information which identifies individuals (i.e. the
disclosure is necessary to that purpose); and,

• the disclosure would not involve unwarranted detriment to the
individual’s privacy or other rights and legitimate interests.”

The policy of NWFRS with regard to personal use of the Internet NWFRS by
states:

“NWFRS recognises the need for individuals to have to carry out some
personal tasks at work, e.g. for internet banking or on-line shopping, and
this is permitted subject to the same rules as are set out for personal
e-mail use. If these activities require additional software to be
installed onto a PC/laptop then this will not be permitted.

Use of the Internet is for business purposes. However personal use is
permitted but must be outside of core working hours. No personal use of
the Internet should therefore take place during core working hours.
Access to the Internet for non-work purposes must be done in the
employee’s own time.”

The information relating NWFRS’s policy on race and diversity is exempt
under Section 21 of the Freedom of Information Act, because the
information is accessible to you, as it is already in the public domain on
the NWFRS web site here -
http://www.nwales-fireservice.org.uk/med...

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to:

The Freedom of Information Officer
North Wales Fire and Rescue Service Headquarters
Ffordd Salesbury
St Asaph Business Park
St Asaph
Denbighshire
LL17 0JJ

If you remain dissatisfied with the handling of your request, you have a
right to appeal to the Information Commissioner at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.gov.uk

There is no charge for making an appeal.
Yours faithfully,

Brian Mottershead
Swyddog Rhyddid Gwybodaeth/Freedom of Information Officer
Gwasanaeth Tân ac Achub Gogledd Cymru/North Wales Fire and Rescue Service

******************************************************************************
Cyfrinachedd: Mae’r neges e-bost hon ac unrhyw ffeiliau a drosglwyddir gyda
hi, yn breifat ac fe allent fod yn cynnwys gwybodaeth sy’n gyfrinachol neu’n
gyfreithiol-freintiedig. Os byddwch yn derbyn y neges hon trwy gamgymeriad, a
fyddech mor garedig â rhoi gwybod inni a chael gwared arni o’ch system ar
unwaith.

Ymwadiad: Fe allai e-bostio trwy’r We fod yn agored i oedi, rhyng-gipio,
peidio â chyrraedd, neu newidiadau heb eu hawdurdodi. Felly, nid yw’r
wybodaeth a fynegir yn y neges hon yn cael cefnogaeth GTAGC oni bai fod
cynrychiolydd awdurdodedig, yn annibynnol ar yr e-bost hwn, yn hysbysu
ynghylch hynny. Ni ddylid gweithredu o ddibynnu ar gynnwys yr e-bost hwn yn
unig.

Monitro: Bydd GTAGC yn monitro cynnwys e-byst at ddiben atal neu ddarganfod
troseddau, a hynny er mwyn sicrhau diogelwch ein systemau cyfrifiadurol a
gwirio cydymffurfiad â’n polisïau.

Gwasanaeth Tân ac Achub Gogledd Cymru
Parc Busnes Llanelwy, Sir Ddinbych. LL17 0JJ

show quoted sections

Dear Brian Mottershead,

I am not happy with your response and would make the following observations to the points you quoted;

"• there is a legitimate interest in disclosure;" The legitimate interest in this disclosure is that, going by the Fire Services very own policies, the person in question has NOT been acting legitimately by abusing her position as a public servant, has been using fire service equipment for unlawful means (unless the North Wales service promotes Islamophobia, racism and hate crime), and has been carrying out paid work for a foreign newspaper whist being paid as a local authority employee by the Fire service.

• "the legitimate interest can only be met, or fully met, by the disclosure of information which identifies individuals (i.e. the disclosure is necessary to that purpose); and," To enable a transparent and honest investigation of the perpetrators actions, the information is most definitely necessary. Those actions have been carried out on public time, on public computer equipment and at public expense!

• the disclosure would not involve unwarranted detriment to the individual’s privacy or other rights and legitimate interests.” As the person in question is openly putting forward their views in articles published to, and accessible by, people all around the world, I hardly think you can argue this point either!

In respect of your response to the use of the internet for private purposes, could you clarify whether writing articles for a foreign publication to spread Isalmophobia, racism and hatred is acceptable as your reply is a little ambiguous.

Yours sincerely,

David Ashworth

Brian Mottershead, North Wales Fire and Rescue Service

Dear Sir,

 

I hereby acknowledge receipt of your request for an internal review of the
information provided as a response to your recent Freedom of Information
Act request. This is now receiving my attention and you will receive a
response within 20 working days. To confirm, your review request was
received on 25^th June 2015 and you have supplied an email address for
response.

 

Yours faithfully,

Brian Mottershead
Swyddog Rhyddid Gwybodaeth/Freedom of Information Officer
Gwasanaeth Tân ac Achub Gogledd Cymru/North Wales Fire and Rescue Service
Ffôn / Telephone: 01745 535290
Ffôn Symudol / Mobile Phone: 07787 578350
Ffacs / Fax: 01745 535296

Am archwiliad diogelwch tân yn y cartref yn rhad ac am ddim, ffoniwch
0800 169 1234, e-bostiwch [1][email address] neu ymwelwch â
[2]www.gwastan-gogcymru.org.uk.

 

For a free home fire safety check, please call 0800 169 1234, e-mail
[3][email address] or visit
[4]www.nwales-fireservice.org.uk.

show quoted sections

Brian Mottershead, North Wales Fire and Rescue Service

Dear Sir,

 

Further to your request for a review of the North Wales Fire and Rescue
Service (NWFRS) response to your enquiry about use of the internet by a
Service employee, I must advise you that NWFRS has reviewed its response
and considers that the exemption applied to the release of the personal
data of its member of staff is legitimate and that the Service was correct
to withhold that data.

 

Under the Freedom of Information Act there are two types of exemption that
can be applied to information considered unsuitable for public release.
These exemptions are referred to as absolute exemptions and qualified
exemptions. When an absolute exemption is applied to information, a public
authority is not required to consider whether release of that information
is in the 'public interest'. When a qualified exemption is applied to
information, a public authority must establish whether the 'public
interest' lies in disclosing or withholding the requested information. The
public interest is determined by conducting a 'Public Interest Test'
(PIT).

 

Both absolute and qualified exemptions can be further divided into
class-based or prejudice-based exemptions.

 

Class-based exemptions are those in which it is assumed the disclosure of
information would result in harm. There is therefore no requirement to
demonstrate what that harm may be.

 

Prejudiced-based exemptions are those where firstly, it is necessary to
establish the nature of the prejudice/harm that may result from disclosure
and secondly, if prejudice/harm is not certain, to determine the
likelihood of it occurring.

 

Section 40(2) of the Act provides that any information to which a request
for information relates is exempt information if the first condition of
Section 40(3)(a)(i) is satisfied. The first condition of Section
40(3)(a)(i) states that information is exempt if its disclosure would
contravene any of the data protection principles.

 

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle One
of the DPA provides that personal data must be processed fairly and
lawfully. The reasonable expectation of NWFRS staff is that information
about their internet usage would not be released to the public; therefore,
release of that information would constitute unfair processing of personal
data under Principle One of the DPA.

 

The provision to refuse access to information under Section 40(2) is both
absolute and class based. When this exemption is applied, it is accepted
that harm would result from disclosure but, in refusing access to
information, there is no requirement for a public authority to demonstrate
what that harm may be.

 

Whilst NWFRS accepts that there would be a legitimate interest in
disclosure about possible misuse of Service facilities/equipment by any of
its employees, it does not accept that the legitimate interest can only be
met, or fully met, by the disclosure of information which identifies
individuals.

 

With regard to your request for clarification about the NWFRS policy on
the use of the internet for private purposes, the policy document states
that misuse of the internet and any associated Information and
Communications Technology includes:

 

“Creating, sending, encouraging the receipt of, printing or downloading
material which can be construed to be derogatory, defamatory, obscene or
pornographic, offensive, or anything that may be construed as harassment
based on race, colour, national origin, sex, sexual orientation, age,
disability or religious or political beliefs.”

 

NWFRS will, where adverse information is received about a member of its
staff, investigate to establish whether a breach of its policies and
standards has taken place and, if necessary, invoke its disciplinary
procedures.

 

Please note that all reviews are impartial and undertaken by someone more
senior than the person who approved the release of the original response.

 

If you remain dissatisfied with the handling of your request, you have a 
right to appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [1]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours faithfully,

Brian Mottershead
Swyddog Rhyddid Gwybodaeth/Freedom of Information Officer
Gwasanaeth Tân ac Achub Gogledd Cymru/North Wales Fire and Rescue Service

Am archwiliad diogelwch tân yn y cartref yn rhad ac am ddim, ffoniwch
0800 169 1234, e-bostiwch [2][email address] neu ymwelwch â
[3]www.gwastan-gogcymru.org.uk.

 

For a free home fire safety check, please call 0800 169 1234, e-mail
[4][email address] or visit
[5]www.nwales-fireservice.org.uk.

 

******************************************************************************
Cyfrinachedd: Mae’r neges e-bost hon ac unrhyw ffeiliau a drosglwyddir gyda
hi, yn breifat ac fe allent fod yn cynnwys gwybodaeth sy’n gyfrinachol neu’n
gyfreithiol-freintiedig. Os byddwch yn derbyn y neges hon trwy gamgymeriad, a
fyddech mor garedig â rhoi gwybod inni a chael gwared arni o’ch system ar
unwaith.

Ymwadiad: Fe allai e-bostio trwy’r We fod yn agored i oedi, rhyng-gipio,
peidio â chyrraedd, neu newidiadau heb eu hawdurdodi. Felly, nid yw’r
wybodaeth a fynegir yn y neges hon yn cael cefnogaeth GTAGC oni bai fod
cynrychiolydd awdurdodedig, yn annibynnol ar yr e-bost hwn, yn hysbysu
ynghylch hynny. Ni ddylid gweithredu o ddibynnu ar gynnwys yr e-bost hwn yn
unig.

Monitro: Bydd GTAGC yn monitro cynnwys e-byst at ddiben atal neu ddarganfod
troseddau, a hynny er mwyn sicrhau diogelwch ein systemau cyfrifiadurol a
gwirio cydymffurfiad â’n polisïau.

Gwasanaeth Tân ac Achub Gogledd Cymru
Parc Busnes Llanelwy, Sir Ddinbych. LL17 0JJ

show quoted sections

References

Visible links
1. http://www.ico.gov.uk/
2. mailto:[email address]
3. http://www.gwastan-gogcymru.org.uk/
4. mailto:[email address]
5. http://www.nwales-fireservice.org.uk/