Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

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)

Our ref:  FOI5489

Dear Mr Wilson

We refer to your request under the Freedom of Information Act 2000 (“the
Act”), for the following information:

“Please provide an anonymised visitors log for the day of 27 January 2017
listing the institutions/companies visiting the authority and the
personnel within the authority that they visited.”

Your request is currently being considered and, in doing so, we are of the
view that the qualified exemption at section 43 (Commercial interests) of
the Act may apply to some of the information falling within the scope of
your request.  As this is the case, the FCA is required to weigh the
public interest in maintaining the exemption against the public interest
in disclosing any information.

By virtue of section 10(3), where public authorities have to consider the
balance of the public interest in relation to a request, they do not have
to comply with the request until such time as is reasonable in the
circumstances.  The FCA has not yet reached a decision on the balance of
the public interest.  Due to the need to consider, in all the
circumstances of the case, where the balance of the public interest lies
in relation to the information that you have requested, the FCA will not
be able to respond to your request in full within 20 working days.  In
these circumstances, we hope to be in a position to respond to you by 6
February 2018, although should we be in a position to contact you sooner
we will do so.

Yours sincerely

Information Disclosure Team

Financial Conduct Authority

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)

Our ref:  FOI5489

Dear Mr Wilson

We write further to our email of 9 January 2018 in relation to your
request under the Freedom of Information Act 2000 (“the Act”), for the
following information:

“Please provide an anonymised visitors log for the day of 27 January 2017
listing the institutions/companies visiting the authority and the
personnel within the authority that they visited.”

When we wrote to you, we advised that we considered that at least one
qualified exemption under the Act applied (in this case section 43 –
Commercial interests) and that we needed more time to consider/balance the
various public interest arguments in respect of the information you
requested.

This exercise has now been completed and we are able to provide you with
some limited information.  To the extent that we are able to disclose this
to you, it is provided in the attached spreadsheet.  When considering the
spreadsheet, please note the following:

1.     As you requested an ‘anonymised visitors log’, we consider that the
column containing the name of each visitor falls outside the scope of your
request and has therefore not been included.

2.     Where an entry is blank in the ‘Company’ column, this information
has not been recorded.

In respect of the names of institutions / companies, we are unable to
provide most of these to you as doing so could prejudice the commercial
interests of the institutions / companies involved, and therefore section
43 (Commercial interests) of the Act applies.

In addition, we are unable to provide you with the names of the FCA
personnel whose status is below manager or technical specialist level
because it constitutes the individuals’ personal data and disclosure of
this information would breach the Data Protection Act 1998 (“DPA”). 
Therefore, the exemption in section 40 (Personal information) of the Act
applies.

Finally, to the extent that some of the information is (or contains)
confidential information that we have received for the purpose of carrying
out our regulatory functions under section 348 of the Financial Services
and Markets Act 2000 (“FSMA”), 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 see Annex
A below.

Yours sincerely

Information Disclosure Team

Financial Conduct Authority

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: [1]www.ico.org.uk

Annex A

·             Section 40 (Personal Information)

To the extent that the information that we hold contains personal data
about individuals, section 40(2) of the Act provides that any information
to which a request for information relates is also exempt information if
(a) it constitutes personal data (of which the applicant is not the data
subject) and (b) either the first or second condition (set out at sections
40(3) and (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 in this case as the information
requested comprises the personal data of individuals other than you which,
if disclosed, would breach one or more of the Principles in the DPA.  It
would be a breach of Principle 1 to disclose the names of the FCA
personnel whose status is below manager level, as it would not be lawful
or fair to the individuals concerned in circumstances where none of the
conditions in schedule 2 of the DPA have been met and where the
individuals have a reasonable expectation that their personal information
will be protected.  The individuals concerned have not given consent for
their personal data to be made public and the release of such information
may be detrimental to the individuals themselves.

You should also note that, when an external party visits the FCA, it is
normal practice for the host FCA department’s team administrator to
arrange the visitor’s pass to enable the individual to enter the
building.  The name of the team administrator is then recorded as the
‘host’ of the external party rather than the name of the FCA staff member
(who may be at manager level or above) with whom the external party is
meeting.  Therefore, as explained above, it would not be fair or lawful to
disclose the names of these individuals who are below manager level.

This is an absolute exemption, and so it is not necessary to balance the
public interest for or against disclosing the information.

·             Section 43 (Commercial Interests)

Section 43(2) of the Act provides that information is exempt if its
disclosure would, or would be likely to prejudice the commercial interests
of any person (including the public authority holding it).

The commercial interests of the “institutions/companies” in question, and
others may be harmed by disclosing the information requested.  Doing so
may lead to comment and speculation about the firms and the reason for
their visit to the FCA.  This, in turn, would, or would be likely to, harm
the firms’ brand and so harm the commercial interests of the firms
themselves, to the extent that adverse comment affected their business and
profitability, as well as the commercial interests of their owners and
investors, to the extent that adverse comment and its impact on the firms’
business and profitability affected the share price.  As there is no
routine public disclosure of a firm's dealings with the FCA, ad hoc public
disclosure under the Act of their visit to the FCA would be likely to
attract a disproportionate amount of negative attention to the firms
concerned.

Section 43 is a qualified exemption and we have therefore considered, as
required by the Act, where the balance of public interest lies.

Factors for disclosure:

·              There is a strong public interest in favour of
transparency, and in the public being reassured about the effectiveness of
our regulatory approach.

·              Disclosure of the information would reassure the public
that we respond to matters arising within the markets we regulate by
meeting either regularly or on an ad hoc basis with all relevant
stakeholders.

Factors against disclosure:

·              Disclosure of the information could also lead to
speculation in respect of the institutions/companies involved which, in
the absence of any further background information, could be taken out of
context and could lead to the wrong conclusions being drawn in respect of
the entities concerned and the reason for their visit to the FCA.

·              Disclosure could also affect the brand and reputation of
the relevant “institutions/companies” in the absence of due process having
been followed – i.e. in the absence of any findings following a formal
investigation, or any formal public announcement, and without the relevant
“institutions / companies” having had the opportunity to comment during
the course of the investigation and prior to any announcement.

·              Adverse and misinformed speculation could affect the firms’
business and profitability and, in turn, its share price or value, thereby
affecting the commercial interest not only of the firm but also of its
owners and investors.

·              It is strongly in the public interest that the FCA has open
and candid exchanges of information with the firms it regulates as well as
with other entities, regardless of the commercial sensitivity of the
information.

On this occasion we have concluded that the balance of the public interest
is in favour of not disclosing the information, for the reasons set out
above.

·             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.

In this case, the information received by the FCA pertains to the names of
the firms that have visited the FCA and which were received for the
purpose of carrying out our supervisory function and so 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.

Section 44 of the Act is an absolute exemption so it is not necessary to
balance the public interest for and against disclosing the information.

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

Visible links
1. http://www.ico.org.uk/

Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

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)

Our Ref: FOI5489

Dear Mr Wilson

Freedom of Information: Right to know request

Thank you for your email dated 9 February 2018, regarding the information
you have requested under the Freedom of Information Act 2000. 

We are considering the points you have raised and will contact you again
as soon as possible.  If it is likely to take more than 20 working days
from the date of receiving your email to respond in full, we will write to
you again.

Yours sincerely

Karen Mullins

Associate / Information Disclosure Team / Cyber and Information Resilience
Department 

[1]Description: cid:image001.png@01D2A7C9.64DDD390

25 The North Colonnade

Canary Wharf

London

E14 5HS

Tel:    +44 (0)20 7066 9214
Fax:   +44 (0)20 7066 9261

[2]www.fca.org.uk

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

Visible links
2. http://www.fca.org.uk/

Our Ref: FOI5489

Dear Mr Wilson

Freedom of Information: Right to know request

Further to our e-mail dated 12 February 2018, I am writing to inform you
that we have not yet reached a decision regarding your request for an
internal review of the FCA’s response to your information request with the
above reference, made under the Freedom of Information Act 2000.

We are still considering this matter and hope to be in a position to
respond to you by Monday 26 March 2018, although should we be in a
position to contact you sooner we will do so.

Thanking you.

Yours sincerely

Karen Mullins

Associate / Information Disclosure Team / Cyber and Information Resilience
Department 

[1]Description: cid:image001.png@01D2A7C9.64DDD390

25 The North Colonnade

Canary Wharf

London

E14 5HS

Tel:    +44 (0)20 7066 9214
Fax:   +44 (0)20 7066 9261

[2]www.fca.org.uk

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

Visible links
2. http://www.fca.org.uk/

Our Ref: FOI5489

Dear Mr Wilson

Freedom of Information: Right to know request

Further to our e-mail dated 9 March 2018, I am writing to inform you that
we are currently finalising our response regarding your request for an
internal review of the FCA’s response to your information request with the
above reference, made under the Freedom of Information Act 2000.

We hope to be in a position to respond to you by Thursday 29 March 2018,
although should we be in a position to contact you sooner we will do so.

Thanking you for your continuing patience.

Yours sincerely

Karen Mullins

Associate / Information Disclosure Team / Cyber and Information Resilience
Department 

[1]Description: cid:image001.png@01D2A7C9.64DDD390

25 The North Colonnade

Canary Wharf

London

E14 5HS

Tel:    +44 (0)20 7066 9214
Fax:   +44 (0)20 7066 9261

[2]www.fca.org.uk

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

Visible links
2. http://www.fca.org.uk/

Our Ref: FOI5489

Dear Mr Wilson

Freedom of Information: Right to know request

Please find attached the outcome of the FCA's review of the information
you requested under the Freedom of Information Act 2000, with the above
reference.  Please accept our apologies for the time it has taken to
complete this review.   

Yours sincerely

Karen Mullins

Associate / Information Disclosure Team / Cyber and Information Resilience
Department 

[1]Description: cid:image001.png@01D2A7C9.64DDD390

25 The North Colonnade

Canary Wharf

London

E14 5HS

Tel:    +44 (0)20 7066 9214
Fax:   +44 (0)20 7066 9261

[2]www.fca.org.uk

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

Visible links
2. http://www.fca.org.uk/