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Old 9th Oct 2009, 19:00
  #5665 (permalink)  
Al R
 
Join Date: Jul 2007
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Brian,

The ICO might eventually state that '.. my assesment is that it is unlikely that the MoD has complied with the first/sixth (whatever) principle in this case'. Thats the best you're going to get unless you have a fallback in place (the first principle relates to fair and lawful processing while the sixth relates to processing in accordance with the rights of data subjects).

If you know the date of when a particular individual you are interested about made comments (such as in a press conference) ask for details of his diary/briefing sessions with his media handlers.. personalise it. Take it away from simply dealing with the MoD. If you know who the meeja handler was, make an application against that individual person as well. Make them deny you even the most basic and routine of requests so that when they dent you the juicy ones, you can point to a history of constant default obstruction.

Have you applied for a Subject Access Request? If not, do it. It details everything they 'have' on you. It is a useful indicator as to how they are dealing with your case. It is daft for them to say they didn't have the time to deal with your FoI app, if there is an e-mail chain as long as your arm about you, discussing why they shouldn't deal with it.

Finally, the ICO will always finish letters with that awful default phrase; 'We will now consider this matter closed unless..'. Don't let them - have a stock of e-mails ready to e-mail them and chasing them up to do more, just in order to keep it on the burner. Finally, spread the load - don't do it all yourself - it will backfire on you, the MoD WILL look for a way to kiss you off. Have 6 or 7 mates to fire off questions too.. don't do it all yourself. Spread the workload because they can deny requests to you on cost grounds and you need to stay off their radar.

Unusually, for the MoD, they chose simply to ignore my request, not even bothering to acknowledge my letter.
This particular decision then, might give you some comfort and some ammo.

http://www.ico.gov.uk/upload/documen...fs50088452.pdf
Al R is offline