e-newsletter edition 1

Each year, we conduct our annual tracking research to monitor awareness and understanding of the Data Protection and Freedom of Information Acts among organisations and individuals. Fieldwork for the 2006 research began in mid March and will finish in mid April. Social and Market Strategic Research (SMSR) are conducting 800 telephone interviews with public authorities and private organisations, and 1000 interviews with individuals, on behalf of the ICO.

If you have participated in the research, thank you for taking the time to complete the telephone questionnaire. Your response will be invaluable in helping us to track awareness and understanding of information rights and obligations and to improve the service we offer. The results will be analysed and the full report published in August.

View the Annual Track questionnaires

A series of user friendly guides designed to make data protection simpler has been published by the ICO. The guides, called Good Practice Notes, aim to tackle common misunderstandings and frequently asked questions about data protection in everyday situations.

The series currently contains 10 pieces of guidance and there are more planned in the coming months. Topics covered to date include electronic mail marketing, right of access to examination records, taking photos in schools, marketing by charities and telephone marketing by political parties. The latest piece of guidance which was published this month covers the buying and selling of customer databases.

View the full list of Good Practice Notes

The ICO has recently published its report on the one-day conference 'Data Protection: the next 21 years?' held in Manchester in November 2005.

The conference celebrated the 21st anniversary since the Data Protection Act received Royal Assent, and looked ahead to the challenges of the next 21 years.

Debate included:

• how to make compliance simpler for data controllers;
• how to improve remedies;
• improved enforcement powers for the Information Commissioner.

Read the report, the speakers' presentations, and background papers

In the first quarter of 2006, the ICO has brought four successful prosecutions under the Data Protection Act 1998.

• January: A private detective was given a one-year conditional discharge and ordered to pay costs of £1200 by Croydon Magistrates after pleading guilty to unlawfully disclosing personal data, an offence under the Data Protection Act 1998.
   
• February: A further individual was convicted of data protection offences as part of the same case. He was fined £500 and ordered to pay £500 costs by Croydon Magistrates after pleading guilty to obtaining information unlawfully. The prosecutions were brought under Section 55 of the Data Protection Act.
   
• March: An agency, trading as 'The Data Protection Act Registration Service', was fined a total of £1,000 by Macclesfield Magistrates for offences under the DPA. The agency was fined for failing to notify with the Information Commissioner as a data controller.
   
  The agency traded as a data protection service, encouraging data controllers to pay fees that were significantly higher than the true cost of notifying directly with the ICO. The Information Commissioner is warning people about third parties or 'bogus agencies' posing as a legitimate service to make money out the Data Protection Act. It costs just £35 to notify directly with the ICO and some agencies charge more than four times this amount.
• March: A private detective was convicted of attempting to obtain personal information in breach of Section 55 of the Data Protection Act 1998 and was fined £600 at Salisbury Crown Court. This case has been appealed.

Read press releases on recent prosecutions

The Article 29 Working Party is a meeting of data protection commissioners, required under Article 29 of the European Data Protection Directive, which advises the European Commission on data protection matters.

Richard Thomas, supported by ICO staff, regularly attends meetings of the Working Party and its sub-groups. The Working Party publishes opinions to assist people's understanding and consistent application of the requirements the European Data Protection Directive throughout the EU.

In the first quarter of 2006, three new opinions were adopted.

• Opinion 1/2006 on whistleblowing
• Opinion 2/2006 on privacy issues related to the provision of e-mail screening services
• Opinion 3/2206 on the retention of data processed in connection with the provision of public electronic communication.

View a full list of opinions adopted by the Article 29 Working Party

Protecting personal information and freedom of information are often at the heart of public debate. The ICO is frequently asked to give views on current topics, to comment on developing policy and to respond to public consultations.

Two recent consultation responses from the ICO on data protection issues are outlined below.

Transformational Government

The Cabinet Office's e-Government Unit produced the Transformational Government paper for consultation at the end of last year. It outlined the overall strategy for using information technology to enhance government provision of frontline services, improving the way individuals interact with government.

Using technology more effectively to transform government does engage data protection and privacy concerns. However, technology advances can also be used to protect privacy, through more widespread use of privacy enhancing technologies and identity management tools.

Privacy concerns must be an objective of the scheme from the outset, not only to comply with the law but also to foster public confidence in the way government handles individuals' data. Privacy impact assessments and better safeguards, such as more effective offence provisions for the misuse of information, are also important ways of ensuring that any data protection objectives are achieved.

The ICO expects to play an active role in the development of this programme.

View the full consultation response

Coordinated Online Record of Electors (CORE)

This consultation was released by the Department for Consitutional Affairs at the end of 2005 and seeks views on new arrangements to provide national access to locally collected electoral registration data. The ICO made a submission to the CORE consultation at the beginning of March.

Our main data protection concerns are to ensure access to personal information provided by individuals remains in line with current access levels and that the CORE system does not unnecessarily increase it. It is also important that the CORE system incorporates adequate security measures to safeguard information held.

View the full consultation response

The official launch of the ICO's Scotland office was marked by a reception at the University of Edinburgh Playfair Library on Wednesday 29 March.

Richard Thomas introduced Assistant Commissioner, Ken Macdonald to around 100 guests, representing a wide range of stakeholder interests.

The remit of the ICO office in Scotland includes promotion of the ICO in Scotland, influencing the policy of the Scottish Executive and the Scottish Parliament, liaison with the Office of the Scottish Information Commissioner and the running of an enquiries helpline.

Decision Notices outline the Information Commissioner's final assessment of whether or not a public authority has complied with the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.

The Commissioner issued 53 Decision Notices in the first quarter of 2006.

View the latest Decision Notices

A Decision Notice which may assist public authorities in dealing with vexatious requests is outlined below:

Case Ref: FS50078594
Date: 08/03/06
Public Authority: Birmingham City Council
Summary: The complainant made 27 largely thematic requests for information and was advised by the council that they were considering applying the s14 exemption. The complainant then submitted a further 11 largely thematic requests. In line with Freedom of Information Act 2000 Awareness Guidance No. 22: Vexatious and Repeated Requests, the Commissioner considered whether the Public Authority had demonstrated that the requests would impose a significant burden, have the effect of harassing the Public Authority, or could otherwise be characterised as obsessive or manifestly unreasonable. In addition the Commissioner considered the number and nature of the requests, the previous history of the complainant and the manner in which the section 14 exemption had been applied by the Council. The Commissioner concluded that there was a demonstrable pattern in all but two of the requests for information, and so judged that the Council had applied the exemption correctly in all but the two identified requests.
Section of Act/EIR & Findings: FOI s.14 Complaint Not Upheld (excepting two requests).
Full Transcript of Decision Notice FS50078594

During the first quarter of 2006:

• the ICO received 676 complaints under the Freedom of Information Act and Environmental Information Regulations;
• 736 cases were resolved;
• 53 Decision Notices were issued;
• 18 appeals were received by the Information Tribunal in this period.

The ICO's regional office in Wales held a reception and conference on 13 and 14 March reflecting on the first year of FOI. The events were attended by around 160 FOI practitioners and stakeholders from across Wales.

The information rights reception, co-hosted by National Assembly Member Lorraine Barrett, was held at the newly opened Senedd building. The conference explored the impact of FOI on Welsh public authorities and provided the opportunity to share experiences of working with the Act.

The ICO's research with public authorities, exploring their experiences of the first year of FOI was discussed.

The ICO will host the International Conference of Information Commissioners in Manchester in May, bringing together the largest group of international information commissioners to have gathered. The event will provide the opportunity to discuss key issues of common concern and share experiences.

The conference kicks off a week of high profile FOI activity in the UK, including FOI Live, and the Records Management and Content Management in Government and Public Bodies Conference on 24 and 25 May at which the implications of FOI will be discussed.

On 14 March 2006 the ICO gave evidence to the Constitutional Affairs Select Committee inquiry, 'Freedom of Information: One year on'. This was the first session of the inquiry and further sessions will continue to examine how FOIA has worked in practice in its first year of operation.

The Commissioner welcomed the opportunity to contribute. Key points he raised were:

• FOIA is working; a wide variety of information is now in the public domain, thanks to the FOIA
• A culture of increased openness within public authorities is beginning to result.
• The ICO is taking longer than it would like to resolve cases as complainants and public authorities do not always provide the information needed. Cases are also sometimes factually and legally more complex than expected.
• We have been learning as familiarity with casework increases and have made changes in the light of experience and reallocated resources. These are already significantly improving productivity.
• However, the ICO needs more resources to discharge its duties effectively. The Commissioner hoped the Committee would support his bid to the DCA for more resources.
• The Committee explored delays by public authorities in responding to requests and carrying out internal reviews.
• The Commissioner said that the ICO had been tolerant and in educative mode for the first year, but stressed that the ICO would be dealing more strictly with these types of cases in the second year of freedom of information.

In order to gain a full picture of the operation of the FOIA one year on, the committee will seek the views of a number of parties. The committee timetable is as follows:

Kevin Dunion, Scottish Information Commissioner	Monday 20 March
Users of the FOIA and representatives of public authorities	Tuesday 28 March
The Department for Constitutional Affairs	Tuesday 18 April

The 18 April will be the final date for oral evidence. The committee will complete its review after Easter and is likely to report in June.

We welcome your comments on the first issue of the ICO's e-newsletter. If you have any comments or suggestions please e-mail websitefeedback@ico.gsi.gov.uk

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