Q: What is the status and role of the Information Commissioner's Office?
The Information Commissioner's Office is an independent official body. The Information Commissioner is appointed by the Queen. The Commissioner is responsible for administering the provisions of the Data Protection Act 1998 and the Freedom of Information Act 2000.
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Q: I’ve heard that the ICO has gained new powers. What are they?
New powers, designed to deter personal data security breaches, are expected to come into force on 6 April 2010.
The ICO has produced statutory guidance about how it proposes to use this new power, which has been approved by the Secretary of State for Justice, and was laid before parliament on 12 January 2010.
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Q: Do schools and colleges cover the Data Protection Act and Freedom of Information Act in their syllabuses?
Currently, GCSE ICT qualifications usually cover the Data Protection Act in the context of data handling.
The Assessments and Qualifications Alliance (the AQA) currently offer a Citizenship AS and A-Level which teaches candidates about citizen’s rights under the Data Protection Act and Freedom of Information Act. More details can be found on the AQA website.
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Q: Can I arrange a visit to the ICO for a delegation from abroad?
Please read our page on
requesting a visit to the ICO for more information.
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Q: How can I make a request to you?
If you are requesting information that we hold about you or want to make a freedom of information request, please use either our Information Governance department’s email or postal address.
You can email us at informationgovernance@ico.gsi.gov.uk
You can write to us at:
Information Governance
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
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Q: Do you charge a fee to respond to subject access requests or freedom of information requests?
No, not currently. The ICO waives the ten pound fee that we can charge for subject access requests. There is no charge for making a freedom of information request to the ICO. However, if a request will cost us more than £450 (equivalent to 18 hours’ work) to fulfill, we are not obliged to supply the information.
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Q: Do you have a publication scheme?
Yes. As a public authority, we routinely publish information about us, our spending, our priorities, our decisions, our policies and procedures, information in lists and registers, and about our services. This is available in our
Guide to information.
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Q: I have never contacted you before, would you hold information about me?
Unless you have complained to us, used any of our services or applied for a job with us, we will not hold information about you. We may hold limited personal information about you if you are a representative of a data controller or a public authority.
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Q: How long would you keep information about me?
We will keep information relating to complaints for four years from the date we close the complaint. Once scanned to our electronic case management system, we keep original documents for six months. We keep job applications from unsuccessful candidates for one year after we’ve finished the recruitment exercise. Read more about how we process your personal data in our
privacy notice.
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Q: What information should I provide when I’m making an information request?
Depending on the nature of your request, you may need to provide us with your full name, your address and any other relevant information that we may require to locate the information you want, eg your case reference number(s), or the name of data controller or authority complained about. We may also ask you to send proof of ID, or a letter of authority if you are acting on behalf of someone else. The proof of ID can be a copy of your passport, driving license or utility bill.
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Q: Can I get all the information I request from you?
It is in the public interest that we are open, transparent and accountable for the work we do. However, there will be occasions where it would be wrong for us to disclose everything. It is important that disclosures we make do not undermine the confidence and trust in the ICO or those who correspond with us.
We will give you access to your personal information in accordance with the requirements of the Data Protection Act. We will also give you access to information we hold under the Freedom of Information Act unless the information is exempt. Our Information Charter sets out the standards that you can expect from us when we request or hold information.
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Q: When can I expect a response from you?
We aim to acknowledge your request, or ask for more information to clarify your request within two days of receiving it. We will respond to your freedom of information request within 20 working days from the day after we receive it (the statutory timeframe). We will respond to your request for your own personal information within 40 calendar days from the day we receive your request.
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Q: What if I'm unhappy with your response to my request?
If you are unhappy with our response to your request under either the Environmental Information Regulations 2004 or the Freedom of Information Act 2000 you have the right to request a review of our decision. For details on how to do this please refer to our internal review procedure.
If you are unhappy with the way we dealt with your subject access request you can complain to us.
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Q: What do I do if I think the ICO has breached the Data Protection Act or has not complied with the Freedom of Information Act?
You can complain to the ICO.
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Q: What if I’m still not satisfied?
If, having exhausted our case review and service complaints procedure, you remain dissatisfied about any aspect of any service you have received from us or think we have not acted properly or fairly, you can take the matter to the Parliamentary and Health Service Ombudsman.
If your complaint relates to the way in which we have interpreted the law then the Ombudsman cannot help you. If you want to challenge our interpretation of the law, you should consider seeking legal advice.
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