Wilt has had an interesting letter (actually an email) from the information commissioner:

Dear Sir/Madam

The Information Commissioner has received a complaint about access to personal data via the website www.regulatorwatch.co.uk.

As you should be aware, the Information Commissioner enforces the Data Protection Act 1998 (the DPA). The DPA has eight principles of ‘good information handling’. These give people specific rights in relation to their personal information and put certain obligations on those organisations that are responsible for processing it.

Under section 42 of the DPA an individual can ask the Commissioner to conduct an ‘assessment’, that is, give a view as to whether it is likely or unlikely that an organisation has complied with the DPA in the situation that has been described to us. We are treating this complaint as a request for assessment.

If we consider it is unlikely that an organisation has complied with the DPA our aim is to ensure that the organisation understands its obligations and takes any steps necessary to help ensure compliance with the principles either in that particular case or in the future.

It appears there is a posting on www.regulatorwatch.co.uk entitled “Hansard stuff and Mrs C” dated 13 November 2009. Reference is made in the posting to “Happen Files” as a source material. Our complainant believes this refers to confidential files in relation to an organisation called Happen Fostercare Ltd. Among other things, the posting states:-

“But you will need password access to those. Very revealing indeed, we know. Apply to Wilt for password”.

This statement indicates that the files in question are not available to anyone and there may be some sort of vetting process via the moderator of the site before a password to access the relevant information is provided. However, the situation and procedure regarding access to these files is not entirely clear.

The Seventh Data Protection Principle states that:-

“Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data”.

I do not yet have enough information to assess whether www.regulatorwatch.co.uk is likely to have complied with the requirements of the Seventh Data Protection Principle in this case. I would, therefore, be grateful if you could answer the following questions so I can make my assessment:

1.      Please confirm whether or not the “Happen Files” are confidential files in relation to Happen Fostercare Ltd.

2.      If so, please explain why www.regulatorwatch.co.uk has access to this information and what criteria individuals wanting to access the information need to satisfy in order to obtain a password.

I would appreciate it if you could provide a reply within 28 days of the date of this email. If you are unable to do so, please let me know when you will be in a position to provide it. If you need any more information about this matter, please let me know.

Finally you should be aware that the Information Commissioner often receives requests for copies of the letters we send and receive when dealing with casework.  Not only are we obliged to deal with these in accordance with the access provisions of the Data Protection Act 1998 (the DPA) and the Freedom of Information Act 2000 (the FOIA), it is in the public interest that we are open, transparent and accountable for the work that we do.

However, whilst we want to disclose as much information as we reasonably can, there will be occasions where full disclosure would be wrong.  It is also important that the disclosures we make do not undermine the confidence and trust in the Commissioner of those who correspond with him.

When you reply to this letter, I would be grateful if you would indicate whether any of the information you provide in connection with this matter is confidential, or for any other reason should not be disclosed to anyone who requests it.  I should make clear that simply preferring that the information is withheld may not be enough to prevent disclosure.  You should have a good reason why this information should not be disclosed to anyone else and explain this to us clearly and fully.

Yours sincerely

XXXXXXXXXXXX

Casework & Advice Officer

Tel: 01625 545 758.

Dear XXXXXXXXXXX

Well Mr Commissioner here is your answer.

First, we did notice you taking a look at Regulator Watch, and we hoped you enjoyed it.

We wonder who may have complained – was it Mrs C or Plaskitt MP who wish the records of Mrs C to be cleansed?  We think you need to examine what exactly Mrs C has put in the public domain herself, supplying file upon file of confidential and personal data to numerous agencies and the media. Indeed misleading and sometimes false data, we would add.

However, that is a matter for you.

Mrs C visits the Blog Regulator Watch three times a day usually – she is obsessed, and that would be putting it mildly.

She complains to her MP, who complains to the House of Commons (who point him to you), to the police who know not who regulator watch is nor it seems cares I am advised as there is nothing unlawful in expressing opinions, and to Ofsted who although frequent visitors to the website are acting beyond their powers – we think the latter need to concentrate on getting their own house in order, especially when it comes to lost files (down the back of filing cabinets) relating to Sharon Shoesmith (of Baby P fame). Of course Mrs C also complains (about the wrong person) to the GSCC who anyway find nothing wrong with the website Regulator Watch and we hate to think who else – Milk Marketing Board possibly?

Hence, you are left with the problem – lucky you!

We hope you liked the website – thousands do judging by traffic reports.

Despite the fact that Regulator Watch is NOT AN ORGANISATION nor is Wilt REQUIRED TO BE REGISTERED AS A DATA CONTOLLER I will however indulge you, in public, with an answer to your query.

All data held and/or published on the Regulator Watch website (password protected or not) is already either in the public domain, released under the FOI Act or personal to individuals who have either released it to Regulator Watch and in some instances contained in public court proceedings.  Therefore whoever has access to data (password protected or not) is irrelevant.

The area on the website (password protected) “Happen Files” is a private area and access to which is entirely at my discretion – was that you the other day from Warrington writing to me asking for a password to help with your PhD research? Warrington I think is quite close to the ICO? Naughty boy?

Wilt gets up early in the morning – so do not try to play silly games with him.

“Happen Files” contains nothing which as outlined above is not already public or released under FOI requests or otherwise released from personal files voluntarily by the individuals concerned.

As you were seeking the “Fisher Report” or “Fisher” (as in ex-police officer Dennis Fisher on behalf of Northamptonshire Council) whilst on our website (www.regulatorwatch.co.uk) you will have found nothing relating to it on Regulator Watch. We understand however that your complainant is very desperate to keep this out of the public domain. We wonder why?

Anyway, dear Commissioner, have fun. Best wishes to Mrs C and odd fellow Plaskitt MP – you know that thieving MP soon to become ex MP of his constituency in Warwickshire. Good luck with Mrs C and God bless you – you will needs Gods help with her. But then you already know that, we understand.

Yours sincerely,

Wilt

ps: how is the weather in Warrington and Cheshire – is Opal (TalkTalk) a good package? Personally I use XXXXXX and they are excellent.