Environmental Information Regulations 2004

“It’s important not to get caught out.” - New SARs guidance for employers issued

Retrieved on: 
Saturday, May 27, 2023

This includes where they got their information from, what they’re using it for and who they are sharing it with.

Key Points: 
  • This includes where they got their information from, what they’re using it for and who they are sharing it with.
  • If organisations fail to respond to SARs promptly, or at all, they can be subject to fines or reprimand.
  • Last week, the ICO reprimanded Plymouth City Council and Norfolk County Council for failing to respond to information access requests.
  • In September 2022, the ICO took action against seven organisations who failed in their duty to respond to SARs.

ICO issues Ministry of Justice with reprimand after confidential personal information left in prison holding area

Retrieved on: 
Saturday, May 27, 2023

The ICO has issued a formal reprimand to the Ministry of Justice (MoJ) after confidential waste documents were left in an unsecured prison holding area.

Key Points: 
  • The ICO has issued a formal reprimand to the Ministry of Justice (MoJ) after confidential waste documents were left in an unsecured prison holding area.
  • During this time staff challenged prisoners who were openly reading the documents, but did nothing proactive to ensure the personal information was secured.
  • “Everyone has the right to expect their personal details will be kept secure and this includes in a prison environment, where exposure of personal information could potentially have serious consequences.
  • - The ICO can take action to address and change the behaviour of organisations and individuals that collect, use and keep personal information.

ICO takes action against both Plymouth City Council and Norfolk County Council for failing to respond to information access requests

Retrieved on: 
Monday, May 15, 2023

Both Plymouth City Council and Norfolk County Council repeatedly failed to meet the legal deadline of one to three months for responding to a SAR.

Key Points: 
  • Both Plymouth City Council and Norfolk County Council repeatedly failed to meet the legal deadline of one to three months for responding to a SAR.
  • There were 20 outstanding requests up to a year old, and eight requests still outstanding up to two years later.
  • The ICO has asked Norfolk County Council and Plymouth City Council to provide details of actions taken to address these recommendations within six months of the reprimand being issued.
  • - The ICO can take action to address and change the behaviour of organisations and individuals that collect, use and keep personal information.

ICO takes action against Shropshire Council for failing to respond to Freedom of Information requests

Retrieved on: 
Tuesday, May 9, 2023

The Information Commissioner’s Office (ICO) has issued an enforcement notice to Shropshire Council for its poor handling of requests made under the Freedom of Information Act (FOIA) 2000.

Key Points: 
  • The Information Commissioner’s Office (ICO) has issued an enforcement notice to Shropshire Council for its poor handling of requests made under the Freedom of Information Act (FOIA) 2000.
  • The council said it had plans to clear its backlog of FOI requests by the end of March, but still had 143 unanswered requests towards the end of April.
  • The oldest unanswered request dated back to April 2021, with remaining requests dating from January 2022 and every subsequent month.
  • In its poor handling of FOI requests Shropshire Council has been failing to be transparent and accountable.

ICO to prioritise Freedom of Information complaints with significant public interest

Retrieved on: 
Thursday, March 30, 2023

The Information Commissioner’s Office (ICO) has announced a new approach to prioritise complaints made under the Freedom of Information Act (FOIA) where there is significant public interest.

Key Points: 
  • The Information Commissioner’s Office (ICO) has announced a new approach to prioritise complaints made under the Freedom of Information Act (FOIA) where there is significant public interest.
  • As part of the ICO’s efforts to improve its FOI services, the new prioritisation framework will ensure that complaints where there is significant public interest in the information requested will now be dealt with quicker than previously.
  • The prioritisation framework is one of the ICO’s new ways of working to ensure people receive swifter responses.
  • “At the ICO we, like many public bodies, continue to face the long-term challenge of doing more with less in real terms.
  • “Timeliness is everything in access to information, so we need the support from public authorities to ensure people are receiving timely responses.
  • The new criteria provides clear guidance and expectations about what constitutes significant public interest – for example, if the issue is likely to involve large amounts of public money, or the information may significantly impact vulnerable groups.
  • The criteria will be kept under review and cover complaints made under both FOIA and the Environmental Information Regulations (EIR).

Director’s Update – celebrating success and challenging ourselves for the future

Retrieved on: 
Thursday, March 30, 2023

Warren Seddon is ICO Director of Freedom of Information and Transparency responsible for the ICO’s freedom of information (FOI) policy and guidance.

Key Points: 
  • Warren Seddon is ICO Director of Freedom of Information and Transparency responsible for the ICO’s freedom of information (FOI) policy and guidance.
  • Warren also oversees the handling of people’s complaints to the ICO over public authorities’ responses to requests for information under the FOI Act and Environmental Information Regulations (EIR).
  • In April 2022, our caseload stood at 2,295 cases, well above the approximately 1,250 cases we had at the start of each of the three years before the pandemic.
  • This meant it was taking us far too long to allocate and close cases.
  • Well over 2,500 decision notices have been issued so far, almost double what we have achieved in our most productive previous years.
  • We have placed additional pressure on some public authorities with larger than normal complaint volumes to ensure we clear the backlog.
  • It is important to acknowledge that, despite the achievements outlined, there are still some challenges that we will take into 2023-24.

“A crucial learning experience.” - ICO calls for highest standards in HIV services after NHS Highland reprimand

Retrieved on: 
Thursday, March 30, 2023

A formal reprimand has been issued to NHS Highland, which emailed 37 people likely to be accessing HIV services, inadvertently using CC (carbon copy) instead of BCC (blind carbon copy).

Key Points: 
  • A formal reprimand has been issued to NHS Highland, which emailed 37 people likely to be accessing HIV services, inadvertently using CC (carbon copy) instead of BCC (blind carbon copy).
  • The ICO has applied its public sector approach to this case – instead of issuing a £35,000 fine, the regulator has issued a reprimand to NHS Highland in response to this breach.
  • “What we saw here with NHS Highland was a serious breach of trust, and those accessing vital services failed.
  • “Every HIV service provider in the country should look at this case and see it as a crucial learning experience.

ICO issues reprimand to the Metropolitan Police Service for inadequate handling of files related to organised crime groups

Retrieved on: 
Saturday, March 18, 2023

The Information Commissioner’s Office (ICO) has issued a reprimand to the Metropolitan Police Service (MPS) following several issues identified around their uploading, amending and deleting of various criminal intelligence files relating to Organised Crime Groups (OCG).

Key Points: 
  • The Information Commissioner’s Office (ICO) has issued a reprimand to the Metropolitan Police Service (MPS) following several issues identified around their uploading, amending and deleting of various criminal intelligence files relating to Organised Crime Groups (OCG).
  • This caused some files being rejected, an issue that went unnoticed by the MPS for a considerable amount of time.
  • This consequently resulted in the ICO taking action and issuing a reprimand to the MPS.
  • - To report a concern to the ICO telephone call our helpline on 0303 123 1113, or go to ico.org.uk/concerns.

ICO and Australian Communications and Media Authority sign Memorandum of Understanding

Retrieved on: 
Friday, March 3, 2023

The Information Commissioner’s Office (ICO) and the Australian Communications and Media Authority (ACMA) have signed a Memorandum of Understanding (MoU), which formalises their commitment to work together on protecting people from unwanted nuisance calls and spam messaging.

Key Points: 
  • The Information Commissioner’s Office (ICO) and the Australian Communications and Media Authority (ACMA) have signed a Memorandum of Understanding (MoU), which formalises their commitment to work together on protecting people from unwanted nuisance calls and spam messaging.
  • “I’m pleased the MoU reaffirms our collaborative efforts to protect people against the misuse of their personal data for unlawful electronic marketing practices.
  • - The ICO can take action to address and change the behaviour of organisations and individuals that collect, use and keep personal information.
  • - To report a concern to the ICO telephone our helpline 0303 123 1113 or go to ico.org.uk/concerns.