Why 'vigorously' investigate Cambridge Analytical and not enforce the courts decision notice against The Dicconson Group Practice.

The request was partially successful.

Dear Information Commissioner’s Office,

In a 21 July 2016 decision notice the FIRST-TIER TRIBUNAL (Appeal No: EA/2016/0021) GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS) upheld an appeal in respect of the Dicconson Group Practice. The Tribunal’s 21 July 2016 decision stated; ‘Action Required. The Public Authority must by 2 September 2016 disclose to the Complainant the minutes of all practice meetings for the period 2009 to 1 September 2015 redacted to remove any commercially sensitive or personal data.’

Your (from Ms Clare Nicholson Solicitor) 16 January 2017 at 10:29 email (regarding Appeal No: EA/2016/0021) stated;
‘Further to the Tribunal’s decision of 21 July 2016, you wrote to the Tribunal setting out concerns about the public authority’s response to you.   Those concerns were passed on to the Commissioner because, as set out previously, where there is a concern about whether a public authority has complied with a decision notice (whether one issued by the Commissioner or a substituted decision notice issued by the Tribunal), the Commissioner has responsibility for its enforcement. ‘

In a 12 June 2017 at 14:34 email you received evidence that the Dicconson Group Practice, in all probabilities, had failed to fully comply with the Tribunal’s (Appeal No: EA/2016/0021) 21 July 2016 decision notice.

To date, so it appears, you have failed to ensure that the Dicconson Group Practice fully complied with the Tribunal’s 21 July 2016 (Appeal No: EA/2016/0021) decision notice.

Please inform me whether or not you hold information in a recorded form that states;

1). What are your responsibilities and what must you do, where there is a concern about whether a public authority has complied with a Tribunal’s decision notice, to ensure the Tribunal’s decision notice is enforced.

2). Why you have failed to enforce the Tribunal’s (Appeal No: EA/2016/0021) 21 July 2016 decision notice in respect of the Dicconson Group Practice.

3). What you intend doing to ensure the Tribunal’s (Appeal No: EA/2016/0021) 21 July 2016 decision notice is complied with by the Dicconson Group Practice’s general practitioners.

If you do hold the above specified information please send me a copy.

Yours faithfully,

Mr Adedeji

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

Copied correspondence - we do not respond to correspondence that has been
copied to us.

 

For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at
[2]http://www.ico.org.uk/tools_and_resource...

 

Twitter

Find us on Twitter at [3]http://www.twitter.com/ICOnews

 

References

Visible links
1. http://ico.org.uk/about_us/how_we_comply
2. http://www.ico.org.uk/tools_and_resource...
3. http://www.twitter.com/ICOnews

Information Commissioner’s Office

30 April 2018

 

Case Reference Number IRQ0736034

 

Dear Mr Adedeji,

In response to your email of 30 March 2018 in which you submitted an
information request to the Information Commissioner’s Office (ICO). Your
request has been dealt with under the Freedom of Information Act 2000
(FOIA) and our response is below.

Request
 
You requested the following information:
 
“Please inform me whether or not you hold information in a recorded form
that states;

1). What are your responsibilities and what must you do, where there is a
concern about whether a public authority has complied with a Tribunal?s
decision notice, to ensure the Tribunal?s decision notice is enforced.

2). Why you have failed to enforce the Tribunal?s (Appeal No:
EA/2016/0021) 21 July 2016 decision notice in respect of the Dicconson
Group Practice.

3). What you intend doing to ensure the Tribunal?s (Appeal No:
EA/2016/0021) 21 July 2016 decision notice is complied with by the
Dicconson Group Practice?s general practitioners.

If you do hold the above specified information please send me a copy.”  

Response
 
We understand that your request relates to First-Tier Information Rights
Tribunal case Adedeji v ICO and Dicconson Group Practice (EA/2016/0021)
and associated case reference FS50599435.
 
The ICO issued a decision notice on 16 December 2015 not upholding your
complaint about Dicconson Group Practices’ (DGP) application of section
14(1) FOIA to your request for meeting minutes. You appealed to Tribunal
and a substitute decision notice revising the position was issued on 21
July 2016. The substitute decision notice required DGP to disclose “the
minutes of all practice meetings for the period 2009 to 1 September 2015
redacted to remove any commercially sensitive or personal data.”
 
In response to point one, we would signpost you to our FOIA Regulatory
Action Policy which explains our responsibilities and the options
available in relation to our enforcement powers. As this policy is
publicly available on our website it is technically exempt from disclosure
under section 21 FOIA because it is reasonably accessible by other means.
 
[1]FOIA Regulatory Action Policy   
 
It may be helpful to explain that a public authority must take steps to
comply within 35 calendar days of the date of issue of a decision notice.
Failure to comply may result in the ICO making written certification of
this fact to the High Court pursuant to section 54 of the FOIA and may be
dealt with as a contempt of court. You can read section 54 here:
 
[2]http://www.legislation.gov.uk/ukpga/2000...
 
We are able to confirm that we do not hold any recorded information within
the scope of points two or three of your request. The FOIA Appeals
Department has explained to you that the ICO does not propose to pursue
concerns raised in relation to information within the disclosed practice
minutes being inappropriately withheld, because the substitute decision
notice made provision for the redaction of any commercially sensitive or
personal data.
 
An explanation of our position was supplied to you by email on 20 April
2017 at 16:25. If you require a copy of that email please let us know. In
conclusion, we consider the matter of compliance with and enforcement of
the substitute decision notice issued by the Tribunal to be closed.
 
Review procedure
 
If you are dissatisfied with this response 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
email: [3][ICO request email]
 
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 our Customer Contact Team, at the address given or visit the
‘Complaints’ section of our website to make an FOIA or Environmental
Information Regulations complaint online.
 
A copy of our review procedure can be accessed from our website here: 
 
[4]ICO Review Procedure  
 
Yours sincerely, 
 
Aideen Oakes
Lead Information Access Officer

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

Please consider the environment before printing this email

For information requests please use [5][ICO request email]
 

References

Visible links
1. https://ico.org.uk/media/about-the-ico/p...
2. http://www.legislation.gov.uk/ukpga/2000...
3. mailto:[ICO request email]
4. https://ico.org.uk/media/about-the-ico/p...
5. mailto:[ICO request email]

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org