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ICO News Releases
The ICO is committed to raising awareness of data protection and freedom of information rights, and to encouraging good practice. These are some of our most recent press releases.
Copyright 2005 Sitecore A/S
Sat, 04 Feb 2012 04:57:34 GMT
Plain English Guide to FOI launched
The Information Commissioner has today published a new plain English Guide to Freedom of Information to help public authorities better understand what the Act says and how to apply it. The guide takes a straight-forward look at the law and explains in simple terms what organisations need to do to comply, including how to respond to requests and deciding what information they should routinely publish.
Mon, 30 Jan 2012 11:05:00 GMT
Midlothian Council handed penalty for five serious data breaches
The ICO has imposed a monetary penalty of £140,000 on Midlothian Council for disclosing sensitive personal data relating to children and their carers to the wrong recipients on five separate occasions. The penalty is the first that the ICO has served against an organisation in Scotland.
Mon, 30 Jan 2012 09:37:00 GMT
Too many consumers being denied access to their information, says ICO
Too many consumers are being denied the right to access the information that companies or public bodies hold about them, Information Commissioner, Christopher Graham, said today.
Fri, 27 Jan 2012 10:41:00 GMT
Action taken after care provider lost unencrypted memory stick
A care provider with offices in Northern Ireland and the Isle of Man has taken action to improve its data protection practices following a joint ruling by the Information Commissioner’s Office and the Office of the Data Protection Supervisor.
Wed, 18 Jan 2012 10:16:00 GMT
Health worker convicted of obtaining patient details unlawfully
A former health worker has pleaded guilty to unlawfully obtaining patient information by accessing the medical records of five members of her ex-husband’s family in order to obtain their new telephone numbers.
Thu, 12 Jan 2012 12:10:00 GMT
Receptionist unlawfully accessed sister-in-law’s medical details
A receptionist who unlawfully obtained her sister-in-law’s medical records in order to find out about the medication she was taking has been found guilty of an offence under section 55 of the Data Protection Act.
Fri, 16 Dec 2011 15:04:00 GMT
‘Must try harder’ on cookies compliance, says ICO
Website owners ‘must try harder’ on complying with the new cookies law the ICO said today, as it published its half term report on enforcing the new rules.
Tue, 13 Dec 2011 14:26:00 GMT
‘Significant progress’ made in spam texts investigation, says ICO
‘Significant progress’ has been made in identifying those responsible for sending spam texts, the Information Commissioner’s Office (ICO) said today. The update comes as figures from the ICO’s consumer survey show that 95% of people find spam texts either inconvenient, concerning or distressing.
Thu, 08 Dec 2011 10:24:00 GMT
Powys County Council fined £130,000 for disclosing child protection case details
The ICO has today served a monetary penalty of £130,000 to Powys County Council for a serious breach of the Data Protection Act where the details of a child protection case were sent to the wrong recipient.
Tue, 06 Dec 2011 13:09:00 GMT
Estate agent prosecuted for offence under the Data Protection Act
An estate agent yesterday pleaded guilty to the offence of failing to notify the Information Commissioner’s Office (ICO) that his business processes personal data.
Fri, 02 Dec 2011 12:06:00 GMT
Monetary penalties served to councils for serious email errors
The ICO has served monetary penalties to North Somerset Council and Worcestershire County Council after staff at both authorities sent highly sensitive personal information to the wrong recipients. The news comes as the Information Commissioner is pressing for stronger powers to audit data protection compliance across local government and the NHS.
Mon, 28 Nov 2011 10:25:00 GMT
ICO asks public to Tell Me More about what information should be proactively released
The ICO today launched a consumer campaign aimed at getting the public to offer their views about what information public authorities should proactively release.
Fri, 25 Nov 2011 10:12:00 GMT
Council warned after personal data was missing for two years
Southwark Council breached the Data Protection Act by misplacing a computer and some papers containing 7,200 peoples’ personal information which were discovered in a skip earlier this year, the Information Commissioner’s Office (ICO) said today.
Mon, 21 Nov 2011 10:14:00 GMT
Advocate’s legal files lost after unencrypted laptop theft
A Scottish advocate breached the Data Protection Act after failing to encrypt a laptop containing sensitive personal data which was later stolen, the Information Commissioner’s Office (ICO) said today.
Wed, 16 Nov 2011 10:17:00 GMT
Letwin signs commitment to keep personal details secure
Oliver Letwin must ensure that he keeps personal information secure or face formal enforcement action, the Information Commissioner has said. Christopher Graham today announced that the West Dorset MP’s disposal of constituency paperwork in public bins constituted a breach of the Data Protection Act.
Tue, 15 Nov 2011 09:16:00 GMT
Gambling worker guilty of selling 65,000 bingo players’ details
A former gambling industry worker who unlawfully obtained and sold personal data relating to over 65,000 online bingo players has been found guilty of committing three offences under section 55 of the Data Protection Act.
Thu, 10 Nov 2011 11:39:00 GMT
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ICO Decision Notices
When a complaint is made under the Freedom of Information Act against a public authority, the ICO investigates the facts behind the complaint and may then issue a Decision Notice. This is the Commissioner’s view on whether or not the public authority has complied with the Freedom of Information Act or the Environmental Information Regulations and can include legally binding steps for the public authority to follow.
Copyright 2005 Sitecore A/S
Sat, 04 Feb 2012 04:57:35 GMT
FS50414850
The complainant requested information relating to a particular property where he had been a tenant, the condition of which had been investigated by the Reading Borough Council (“the council”). The council applied an exemption under the Freedom of Information Act 2000 (“the FOIA”) relating to investigations. The Commissioner did not find it necessary to consider the application of the exemption concerning investigations because he was satisfied that the information was exempt because it represents the personal data of the owner of the property. The Commissioner does not require any steps to be taken.
Fri, 03 Feb 2012 16:38:00 GMT
FS50409100
The complainant requested a copy of reports related to the valuation of the building and land at the site of The Wakeman School and Arts College in Shrewsbury. The Commissioner’s decision is that the council incorrectly applied the exception at regulation 12(5)(e) of the EIR in order to withhold the information. The Commissioner requires the council to disclose the report relating to the site’s valuation.
Fri, 03 Feb 2012 16:24:00 GMT
FS50392486
The complainant has made five requests for information to the University of Salford (the university), all of which were refused by the university under section 14 of the FOIA. The university considered the complainant’s requests to be part of a campaign and refused them as vexatious on this basis. The Information Commissioner’s decision is that the university has incorrectly applied section 14 to the requests in this case. The Information Commissioner (the Commissioner) requires the public authority to respond to the requests in accordance with the provisions of section 1 of the FOIA.
Fri, 03 Feb 2012 16:21:00 GMT
FS50387360
The complainant has requested “specifically what tenancies/agencies/newspapers and shop window adverts were used to determine the local reference rent (LLR) for a two bedroom caravan in the CT postcode area (Canterbury)”. The Valuation Office Agency (VOA) did not respond to this request. The Commissioner’s decision is that in not responding to this request the VOA has failed to comply with section 1(1)(a) of the FOIA. The Commissioner requires the public authority to respond to the complainant’s request.
Fri, 03 Feb 2012 16:10:00 GMT
FS50425789
The complainant requested information relating to the funding and expenditure of non-government organisations based in Israel and the Palestinian Authority (PA) areas. The Foreign and Commonwealth Office (FCO) failed to provide a substantive response to the complainant. The Information Commissioner’s decision, therefore, is that the FCO breached section 10(1) of the Act.
Fri, 03 Feb 2012 16:08:00 GMT
FS50425786
The complainant requested information relating to the Foreign and Commonwealth Office’s retention policy. The Foreign and Commonwealth Office (FCO) failed to provide a substantive response to the request. The Information Commissioner’s decision is that, therefore, the FCO breached section 10(1) of the Act.
Fri, 03 Feb 2012 16:02:00 GMT
FS50425333
The complainant requested the full costs for the construction of the tract to facilitate the Trans Pennine Trail between Didsbury tram station and Kings Way East Didsbury. The Commissioner finds that the information requested is environmental and therefore exempt under section 39 of the Freedom of Information Act 2000. The Commissioner’s decision is that Transport for Greater Manchester (TfGM) should reconsider the request under the EIR and either disclose the information to the complainant under Regulation 5 or issue a refusal notice under Regulation 14.
Fri, 03 Feb 2012 15:57:00 GMT
FS50418148
The complainant has requested the salary of three named newsreaders. The BBC explained the information was covered by the derogation and excluded from the FOIA. The Commissioner’s decision is that this information is held by the BBC genuinely for the purposes of ‘journalism, art or literature’ and does not fall under the FOIA. He therefore upholds the BBC’s position and requires no steps to be taken.
Fri, 03 Feb 2012 15:53:00 GMT
FS50417819
The complainant requested a timeline of an investigation carried out by the Police Ombudsman for Northern Ireland (PONI). PONI initially refused the request under section 44 of the Act, but released the information following an internal review. The Commissioner’s decision is that PONI failed to comply with section 10(1) of the Act in that it failed to provide the requested information to the complainant within the statutory time for compliance. However, as the information has now been provided the Commissioner does not require any steps to be taken.
Fri, 03 Feb 2012 15:47:00 GMT
FS50389454
The complainant has requested a copy of the HB COUNT (Housing Benefit Count Once Use Numerous Times) guidance. The Audit Commission explained to the Commissioner that this is an interactive tool which consists of a series of modules and workbooks which are viewed and completed electronically by the user. The Information Commissioner’s (‘the Commissioner’) decision is that the Audit Commission has appropriately refused to disclose the information in accordance with section 43(2) of the Freedom of Information Act (‘the FOIA’). The Commissioner requires no steps to be taken.
Fri, 03 Feb 2012 15:43:00 GMT
FS50374142
The complainant has requested copies of correspondence sent by a former lecturer at Liverpool John Moores University (the “University”), which used the University’s heading or email signature and contained the term “Global Warming Policy Foundation” or was clearly about the Global Warming Policy Foundation (GWPF). The Commissioner’s decision is that the University does not hold any information covered by the scope of the request. The Commissioner does not therefore require the University to take any steps in response to this notice.
Fri, 03 Feb 2012 15:34:00 GMT
FS50371108
The complainant has requested information relating to a staff survey which was carried out in 2009. The public authority disclosed some information upon request and further information during the Commissioner’s investigation. The public authority refused to provide the remainder (two presentations to management) arguing that it was information obtained in confidence and therefore exempt under section 41 of the FOIA. The Commissioner’s decision is that the requested information is not exempt under section 41 of the Act. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: It must disclose the two presentations to the complainant.
Fri, 03 Feb 2012 15:30:00 GMT
FER0417505
The Commissioner’s decision is that the London Borough of Barnet (the council) has breached section 10(1) of the Act by failing to respond to the complainant’s request promptly or at all, within 20 working days.
Fri, 03 Feb 2012 15:29:00 GMT
FS50424509
The complainant requested information from Sheffield Homes relating to procedures at meetings. Sheffield Homes said that it did not hold the requested information. It subsequently identified that it did hold some relevant information and it provided that to the complainant. The Commissioner’s decision is that Sheffield Homes breached section 10(1) of the Freedom of Information Act 2000 (“the FOIA”) by failing to provide the information that it held within the statutory time frame for compliance which is 20 working days from receipt of the request.
Fri, 27 Jan 2012 14:53:00 GMT
FS50421053
The complainant requested information about parking restrictions on a specific road. The Commissioner’s decision is that Hart District Council [the council] has breached sections 1 and 10 by failing to respond to the complainant within 20 working days. The Commissioner does not require the council to take any further action.
Fri, 27 Jan 2012 14:48:00 GMT
FS50418149
The complainant requested that Cumbria Partnership NHS Foundation Trust (“the Trust”) disclose the number of dental procedures which had been postponed or cancelled between 27 April 2010 and 27 April 2011. The Trust provided the figure for the total number of cancellations by patients and by the Trust combined. The complainant contended that her request was for the number of cancellations by the Trust alone. The Information Commissioner’s decision is that, given the context of the request, the complainant’s intended interpretation of the request was an alternative objective reading of it. By not providing the information, or a valid refusal notice relating to that alternative reading of the request, the Trust breached section 1 of the FOIA. The Information Commissioner (“the Commissioner”) understands that the Trust has now provided the complainant with the figure for the number of dental procedures it cancelled in the relevant period. He has therefore not required the Trust to take any further steps to ensure compliance with the FOIA.
Fri, 27 Jan 2012 14:42:00 GMT
FS50416106
The complainant requested information about complaints that were made to the Office of Communications (Ofcom) about certain adult broadcasts. The Information Commissioner’s decision is that Ofcom correctly applied section 44(1)(a) of the FOIA (prohibited from disclosure under any enactment) to the requested information with one exception. This relates to the wording of a complaint made by an individual concerning a programme broadcast by a business that had been dissolved at the time of the request. In relation to this information the Information Commissioner (the Commissioner) considers that Ofcom incorrectly applied section 44(1)(a) and section 41(1) of the FOIA (information provided in confidence). The Commissioner requires Ofcom to take the following steps to ensure compliance with the legislation: provide the requester with the wording of the complaint made by an individual concerning a programme broadcast by the business that had been dissolved at the time of the request.
Fri, 27 Jan 2012 14:39:00 GMT
FS50410975
The complainant requested information relating to what he believed to be a campaign run by Lancashire Police Authority (LPA) against the Police Reform and Social Responsibility Bill. The response of LPA to this request was that it had not conducted any such campaign and so it did not hold any information falling within the scope of the request. The Information Commissioner’s decision is that LPA placed excessive focus on the word ‘campaign’, rather than considering what information the complainant sought. In doing so LPA failed to comply with the requirement of section 16(1) to provide advice and assistance to any person making a request. The Information Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: contact the complainant to seek clarification as to the information he wished to access.
Fri, 27 Jan 2012 14:33:00 GMT
FS50406744
The complainant has requested the evidence submitted by the Central and North West London NHS Foundation Trust (CNWL) to the Coroner in relation to a particular inquest. The Trust confirmed that the evidence submitted to the coroner was witness statements of staff who had been involved with the deceased patient who the inquest related to. CNWL refused to provide this information to the complainant under section 31(1)(g), section 32, section 36(2)(b), section 41, section 40(2) and section 42 of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that CNWL correctly withheld the requested information under section 41 FOIA. The Commissioner requires no steps to be taken.
Fri, 27 Jan 2012 14:27:00 GMT
FS50405274
The complainant requested a range of information relating to the Community Development Team, the Multi-use Games Area and administration budgets. Sutton Parish Council (the “council”) provided the complainant with some information and, following the involvement of the Information Commissioner (the “Commissioner”), completed an internal review which resulted in more information being provided. The complainant alleged that further information was held. The Commissioner’s decision is that on the balance of probabilities, the council has provided all the relevant information that was held at the time the request was received. However, he finds that the council breached the FOIA by disclosing relevant information at a late stage. The Commissioner requires no steps to be taken.
Fri, 27 Jan 2012 14:25:00 GMT
FS50404233
The complainant has submitted a request for information, comprising a number of separate questions about matters of dispute between him and Bradford Metropolitan District Council, related to his property and that of his neighbours. The requests have been refused as vexatious. The Information Commissioner’s decision is that Bradford Metropolitan District Council has correctly refused the complainant’s requests as vexatious.
Fri, 27 Jan 2012 14:18:00 GMT
FS50403574
The complainant requested information about the public authority’s involvement in a child cruelty case. The public authority withheld this information as it believed that disclosure could lead to the identification of the children involved. The Information Commissioner’s decision is that the information is not ‘personal data’ for the purposes of disclosure under the Act. The Information Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the requested information.
Fri, 27 Jan 2012 14:14:00 GMT
FS50371759
The complainant has requested information about a court case involving the public authority. The request was refused on the grounds that the information was not held by the public authority. The Information Commissioner’s decision is that the requested information is held by a firm of solicitors on behalf of the public authority, but is exempt from disclosure under the provisions of the exemption provided at section 32 of FOIA, because the information is held only by virtue of being contained in documents which have been filed with a court for the purposes of proceedings. He does not require any action to be taken.
Fri, 27 Jan 2012 13:58:00 GMT
FS50371759
The complainant has requested information about a court case involving the public authority. The request was refused on the grounds that the information was not held by the public authority. The Information Commissioner’s decision is that the requested information is held by a firm of solicitors on behalf of the public authority, but is exempt from disclosure under the provisions of the exemption provided at section 32 of FOIA, because the information is held only by virtue of being contained in documents which have been filed with a court for the purposes of proceedings. He does not require any action to be taken.
Fri, 27 Jan 2012 13:58:00 GMT
FER0420842
The complainant requested information about Morwellham Quay. The Commissioner’s decision is that Devon County Council [the council] has breached regulation 5(2) of the EIR because the requested information was not supplied within 20 working days. The Commissioner does not require the council to take any further action.
Fri, 27 Jan 2012 13:53:00 GMT
FS50416867
The complainant requested the disclosure of the business plan for Etz Chaim Jewish Primary School - a new state-funded Free School. The Department for Education (the “DfE”) confirmed it held the relevant information but refused to comply with the request on the basis that it had a settled intention to publish the information prior to the request being received (section 22(1)(a)). The Commissioner has found that the DfE was correct to apply section 22 to the request. The Commissioner requires no steps to be taken.
Fri, 20 Jan 2012 16:13:00 GMT
FS50411866
The complainant requested information from Her Majesty’s Revenue and Customs (HMRC) regarding the conduct of a named HMRC officer. HMRC refused to confirm or deny that it holds the requested information under section 40(5)(b)(i) of the FOIA. The Information Commissioner’s decision is that HMRC was correct to apply section 40(5)(b)(i) of the FOIA to this request.
Fri, 20 Jan 2012 16:04:00 GMT
FS50407261
The complainant had requested documentation detailing the actions taken by the Trust in relation to the overseas adoption process as recommended by the Report of an Independent Review Panel. The focus of this complaint related to a quality assurance document that had been referenced in the minutes of the Southern Area Adoption Consortium dated 16 November 2007 and related to issues arising from the independent review. The Commissioner’s decision in this case is that, on the balance of probabilities, no recorded information is held in relation to the complainant’s request. The Commissioner requires no further steps to be taken.
Fri, 20 Jan 2012 16:00:00 GMT
FS50402861
The complainant requested information relating to a recruitment exercise for a senior position within the Authority, for which he was one of the applicants. The Authority provided the complainant with some information falling within the scope of his request, and withheld other information by virtue of sections 40(1) and 40(2) of the Act. The Authority went on to consider the parts of the information it had withheld under section 40(1) as a subject access request under the DPA. The Commissioner has considered the Authority’s application of the DPA to the information constituting the complainant’s own personal data under a separate case reference. With respect to the information which does not constitute the complainant’s own personal data, the Commissioner has decided that the Authority was correct to withhold the information as disclosure would breach the first data protection principle. The Commissioner has also identified procedural breaches relating to the Authority’s handling of this request.
Fri, 20 Jan 2012 15:56:00 GMT
FS50385845
The complainant requested information from the Foreign and Commonwealth Office (FCO) about a number of companies and developments on the Turks and Caicos Islands. The FCO provided some information but withheld the remainder on the basis that it was exempt from disclosure on the basis of section 27 (international relations) and section 40 (personal data) of the Act. The Commissioner decided that some of the withheld information was in fact environmental information and thus this should have been considered under the Environmental Information Regulations. Nevertheless the Commissioner is satisfied that this environmental information is exempt from disclosure under the equivalent provisions in that legislation, regulation 12(5)(a) and 13(1).
Fri, 20 Jan 2012 15:53:00 GMT
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