ICO's remit - FoI / Enterprise Act disclosure

[Halifax71]

Good morning all.

I've got an ongoing issue with trying to get the OFT to disclose the specifics behind their CCA s33a requirement notice against FirstPlus http://www.oft.gov.uk/shared_oft/con...first-plus.pdf

In short, the OFT are refusing to disclose, even under s241a of the Enterprise Act.

I referred their refusal to the PHSO who after 4 months have come back and said that I should go to the ICO - see attached.

I'll post some more attachments below but my initial question is whether the ICO can review a refusal to disclose under s241a of the EA?

Now i'm being forced into going to the ICO i'll resurrect the FoI refusal - I did not ask the OFT to review their initial refusal - see below, only pursuing the s241a disclosure which they refused again - again see below, which formed the basis for the PHSO referral - attached also.

I'm not happy about taking what i perceive to be a backwards step, expecially as I can see the ICO agreeing and then having to go back to the PHSO about the ICO's decision.

I would welcome anyones thoughts.

Thanks

[Halifax71]

Re: ICO's remit - FoI / Enterprise Act disclosure

The ICO have said that they cannot review a decison made under the Enterprise Act.

Roundabout time again.

Has anyone had any experience of this type of issue??

Thanks in advance.

[shamen]

Re: ICO's remit - FoI / Enterprise Act disclosure

A case of "who enforces this act?.. that guy over there" *points fingers*

And that guy over there points elsewhere, or outright denies any ability to help. A typical case of a law looking useful, but in actual fact being completely limp as no governmnet body will back you up on it.

did you try the BIS (who superseded the BERR?) (UK Department for Business, Innovation and Skills | BIS) - may be worth asking them how to escalate non compliance with the Enterprise Act, though its a long shot.

It seems from the correspondence that no one wants to help with the EA disclosure, but the ICO can help with a FOI request. Id fire off a fresh FOI request (WhatDoTheyKnow - Make and browse Freedom of Information (FOI) requests is good for this) and then take that to the ICO for the inevitable denial.

[Halifax71]

Re: ICO's remit - FoI / Enterprise Act disclosure

Cheers for that. Think i will try the FoIA again, but as an aside to the s241a.

Someone must be responsible so i'm not letting it drop.

[Algee]

Re: ICO's remit - FoI / Enterprise Act disclosure

Get your MP involved

Alan

[CleverClogs]

Re: ICO's remit - FoI / Enterprise Act disclosure

Write to Vince Cable.

He enjoys upsetting officialdom.

[Halifax71]

Re: ICO's remit - FoI / Enterprise Act disclosure

Get your MP involved

Alan

MP already involved, they have to do the PHSO referral. He's not much use though other than being a postbag as he's not inclined to give an actual opinion. I've also sought the opinion of Edward Davey the Treasury Minister. He was less than useless.

Basically it's an appalling situation whereby the consumer rights are being totally ignored.

I've asked for clarification from the PHSO so we'll see what comes of that.

Thanks again.

[Halifax71]

Re: ICO's remit - FoI / Enterprise Act disclosure

This thread has continued on another thread as it ended up with the PHSO.

Now back with the ICO for the time being.

As I say on the thread if anyone thinks i'm missing something please advise.

http://www.legalbeagles.info/forums/...t=26163&page=2