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Workfare and [2016] EWCA Civ 758, [2016] WLR(D) 425

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Dear Information Commissioner’s Office,

Department for Work And Pensions v The Information Commissioner & Anor [2016] EWCA Civ 758 (27 July 2016)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/...
Cite as: [2016] EWCA Civ 758, [2016] WLR(D) 425

Dear ICO,

After the Zola ruling I would like you to email me asap the names of the employers hosting the schemes collectively known as workfare. Understand as a public authority you hold this information. DWP has shared MWA information only, with nothing on the other conjoined appeals of Kelly and Naysmith.

Refs
Naysmith request – names and locations of placement hosts in Scotland
Zola request (placement providers for MWA in last 6 months)
Kelly request (Seetec’s subcontractors and placement hosts for CPA 4). N.B. this relates to work programme
Directions to join three appeals
https://consentarchive.files.wordpress.c...

Yours faithfully,

Ian Wolf

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

 

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Contact us: 0303 123 1113, www.ico.org.uk, livechat and twitter @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

Dear Information Commissioner’s Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Information Commissioner’s Office's handling of my FOI request 'Workfare and [2016] EWCA Civ 758, [2016] WLR(D) 425'.

No reply, information disclosed or exemptions explained.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...

Yours faithfully,

Ian Wolf

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

 

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),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit ico.org.uk/email

References

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

Information Commissioner’s Office

3 Attachments

30 August 2016

 

Case Reference Number IRQ0639937

 

Dear Mr Wolf

Request for Information
 
We can now provide you with a response to your information request of 29
July 2016, and can confirm that (taking into account the recent bank
holidays) the statutory deadline for a response to this request is today
the 30 August 2016.
 
Request
 
You asked,
 
‘After the Zola ruling I would like you to email me asap the names of the
employers hosting the schemes collectively known as workfare. Understand
as a public authority you hold this information. DWP has shared MWA
information only, with nothing on the other conjoined appeals of Kelly and
Naysmith.

Refs
Naysmith request ? names and locations of placement hosts in Scotland Zola
request (placement providers for MWA in last 6 months) Kelly request
(Seetec?s subcontractors and placement hosts for CPA 4). N.B. this relates
to work programme Directions to join three appeals
[1]https://consentarchive.files.wordpress.c...
 
We have dealt with your request for information under section 1 of the
Freedom of Information Act 2000 (FOIA).
 
Response
 
We do hold versions of the requested information supplied by the
Department for Work and Pensions (DWP), but are withholding this
information relying on the exemption at section 44 of the FOIA which
places prohibitions of the disclosure of information by the Information
Commissioner’s Office (ICO).
 
Section 44 of the FOIA states;
 
“(1)Information is exempt information if its disclosure (otherwise than
under this Act) by the public authority holding it—
(a) is prohibited by or under any enactment”
 
The relevant enactment prohibiting the ICO from disclosing this
information is the Data Protection Act 1998 (DPA), specifically section 59
of the DPA which states;
 
“(1) No person who is or has been the Commissioner, a member of the
Commissioner’s staff or an agent of the Commissioner shall disclose any
information which—
(a) has been obtained by, or furnished to, the Commissioner under or for
the purposes of the information Acts,
(b) relates to an identified or identifiable individual or business, and
(c) is not at the time of the disclosure, and has not previously been,
available to the public from other sources, unless the disclosure is made
with lawful authority.”
 
This information was provided in confidence by the DWP to us as the
regulator of the FOIA.
 
It is important to understand that the ICO relies on the co-operation of
public authorities to fulfil our regulatory function. If we were to
release all the information which we receive during the course of our
investigations this would be likely to deter public authorities from
providing information to the ICO and would therefore undermine our
regulatory function.
 
Section 59(2) of the DPA explains that there are five circumstances when
the ICO could have lawful authority to disclose information; this is an
exhaustive list. Having considered these circumstances we do not consider
in this instance we have lawful authority to disclose this information.
 
However, in the way of offering advice and assistance, please find
attached copies of the information the DWP has disclosed to the three
requestors following the judgement.
 
Review Procedure
 
We hope this is helpful, but 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, please reply directly to this email (with
the reference number contained within the square brackets left intact), or
email us at [2][ICO request email] quoting case reference
number IRQ0639937.
 
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 visit
the ‘[3]Report a concern’ section of our website.
 
A copy of our review procedure can be accessed from our website [4]here.

Yours sincerely
 
 
 
Laura Bendall
Lead Information Access Officer
Information Commissioner’s Office
Direct dial: 01625 545268
 

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),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit ico.org.uk/email

References

Visible links
1. https://consentarchive.files.wordpress.c...
2. mailto:[ICO request email]
3. https://ico.org.uk/concerns/
4. https://ico.org.uk/media/about-the-ico/p...

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