Stikkord: Parliamentary and Health Service Ombudsman

Erik Ribsskog
<eribsskog@gmail.com>

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PHSO-complaint/Fwd: Complaint about ICO/Fwd: Protect – Response from the Information Commissioner’s Office[Ref. RCC0494312]

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Erik Ribsskog

<eribsskog@gmail.com>

Mon, Jul 15, 2013 at 11:36 AM

To:
“CARNEY, Rob” <rob.carney@parliament.uk>

Cc:
steve.rotheram.mp@parliament.uk

Bcc:
Phso Enquiries <phso.enquiries@ombudsman.org.uk>

Hi,

http://en.wikipedia.org/wiki/Liverpool_Walton_(UK_Parliament_constituency)

Senior Caseworker to Louise Ellman MP

Member of Parliament for Liverpool Riverside & Chair, Commons Transport Select Ctte

rob.carney@parliament.uk

Sent: 13 July 2013 22:25
To: ELLMAN, Louise
Cc: Phso Enquiries
Subject: PHSO-complaint/Fwd: Complaint about ICO/Fwd: Protect – Response from the Information Commissioner’s Office[Ref. RCC0494312]

(When I lived in Leather Lane, in the City Centre).

The PHSO tells me to contact an MP, regarding my complaint-case, from May, regarding problems when I bought an internet-line, from Virgin.

(I now live in Walton.

But it doesn’t say in the leaflet from PHSO that it has to be my local MP.

So I thought I could send to you, since I’ve sent another case to you earlier).

This is about that the PHSO says I have to send my complaint to them through an MP.

Hope this is alright!

Best regards,

Erik Ribsskog

From: Erik Ribsskog <eribsskog@gmail.com>
Date: Thu, May 2, 2013 at 2:02 PM
Subject: Complaint about ICO/Fwd: Protect – Response from the Information Commissioner’s Office[Ref. RCC0494312]
To: Phso Enquiries <phso.enquiries@ombudsman.org.uk>

Hi,

I send about this to you.

The ICO ignores that I’ve asked them for the e-mail addresses for Virgin and Ofcom.

But ICO don’t want to give me this information.

They also don’t understand that if Virgin-staff wants to look at your PC.

Then PC means personal computer, and that it has personal information on it.

But I can’t know what went on, in the Virgin-guys’ heads.

And by going to my flat without an appointment, then they could also get access to personal information, about me, since I then didn’t get the time, to prepare my flat, for a visit/’inspection’, (or why they went here this many times), by Virgin.

I really wanted to complain to Ofcom, but they didn’t have their general enquiery e-mail address, on their website, (only a webform), so I ended up writing to ICO.

Since I don’t like webforms that much, because sometimes they don’t send back a copy e-mail to the person who uses the form.

Engineers are often very good with computers.

And Virgin had three guys here, (first two), at the same time.

So I was also distracted.

So I can’t know what the engineer did, on my computer, really.

I think the ICO are unreasonable when they expect me to have noticed everything the engineer did, on my PC, (with the other Virgin-guy also distracting me a bit).

Erik Ribsskog

From: <casework@ico.org.uk>
Date: Thu, May 2, 2013 at 10:43 AM
Subject: Protect – Response from the Information Commissioner’s Office[Ref. RCC0494312]
To: eribsskog@gmail.com

02 May 2013

Case Review Reference Number RCC0494312
Case Reference Number ENQ0493394

Dear Mr Ribsskog

I write in response to your service complaint and case review of 18 April 2013, which was acknowledged on 18 April 2013.

The Information Commissioner’s duties

Under the Data Protection Act 1998 (DPA), the Information Commissioner has a general duty to give advice about the requirements of the DPA and, under certain circumstances, to investigate DPA related complaints.

It may be helpful for me to first explain the role and scope of the Information Commissioners Office (the ICO) and also explain a little about the legislation that we deal with.

The Information Commissioner is a UK independent supervisory authority reporting directly to the UK Parliament. The Commissioner enforces and oversees the Data Protection Act 1998 and the Freedom of Information Act 2000 within the United Kingdom.

Our case review and service complaints policy

However, where an individual is not satisfied with the way we have handled their DPA related enquiry or complaint, they can ask us to review it, at a more senior level, in accordance with our case review and service complaints policy.

Background

I understand that you contacted this office by email on 04 April 2013 and expressed concern about being unable to find an email address for Ofcom or Virgin Media.  Additionally, you also explained that  Virgin Media staff had visited your flat without a letter
being sent to you confirming an appointment, and that you wanted to complain about this.  You expressed concern that the Virgin Media employees ‘might be breaching your data protection’, and go on to say “this is harassment, I think”.

Our Findings

On 05 April 2013, a response was sent to your enquiry by Ms Holmes, a case officer in the Advice Services Team.  Ms Holmes explained that the matters you had raised do not fall within the remit of the Information Commissioner’s Office.  Issues relating to the
customer service you have received from Virgin Media should be raised with the organisation directly and to assist you, Ms Holmes provided you with a link to the contact page for Virgin Media as well as a link to the Ofcom web page.

On 05 April 2013, I understand that you replied to Ms Holmes and expressed concern that both organisations do not have a general enquiry email address.  As Ms Holmes had already explained to you, if this is a matter of concern to you, you would need to write
to the organisation/s concerned directly.

You go on to ask:

“And isn’t it a breach on my Data Protection, when a Virgin-guy wants to go in to my flat, without an appointment?”

As Ms Holmes explained in her email to you of 11 April 2013, a Virgin employee entering your flat without an appointment is not an issue which would be covered by the Data Protection Act and you would be best placed to raise your concerns with Virgin Media
directly.

In your response to Ms Holmes of 11 April 2013, you explained that whilst in your flat, Virgin engineers “could get personal information about me”, and “also looked at my PC”.  However, you do not appear to have provided any evidence to show that these individuals
obtained any personal information about you, or that you have raised your concerns in writing with Virgin Media.

You close by asking Ms Holmes to escalate your enquiry to her line manager for a second opinion and ask:

“Wouldn’t it be part of your job to provide me with information like that?”, which I understand relates to the provision of Virgin Media’s general enquiry email address.

Ms Holmes responded to you at length on 18 April 2013.  It is clear from her response that Ms Holmes once again addressed all of your concerns fully and explained that if the Virgin Media engineer did process files on your computer which contained your personal
data, and you did not receive any fair processing information, you should, in the first instance write to Virgin Media directly and outline your concerns.  Ms Holmes explained the complaints process and when and how you could raise a complaint with the Information
Commissioner’s Office.  Ms Holmes reiterated that it is not within the remit of this office to provide you with specific contact information for Virgin Media or Ofcom, although she did provide you with the links to the contact pages of their websites once
more in order to assist you.

Conclusion  

I have reviewed the correspondence on this case in detail and I am satisfied that Ms Holmes answered your enquiry in full and in a satisfactory manner.  In conclusion, I do not uphold your complaint as I consider the Information Commissioner’s Office has fulfilled
its obligations to you by providing you with clear and detailed responses to your email correspondence and has provided you with additional information about how to contact Virgin Media, which in itself is over and above what the organisation is required to
do.

Therefore, please take this letter as our final response in relation to this matter.

We aim to give the best possible service to all of our customers in all of the services we provide.  I am therefore sorry if you feel that we have fallen short of what you expected.

Taking your complaint further

If you believe we have provided you with a poor service, or if you believe we have not treated you properly or fairly then you may be able to complain to:

The Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London SW1P 4QP

All complaints to the Ombudsman must be made through an MP.  I would advise you to first call the Ombudsman’s Helpline on
0345 015 4033 to see if they are able to assist you further.

If, however, 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.

Yours sincerely
Ms Jenny Manock
Advice Services Manager
First Contact Group
Direct dial number – 01625 545788

     

____________________________________________________________________

The ICO’s mission is to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

If you are not the intended recipient of this email (and any attachment), please inform the sender by return email and destroy all copies. Unauthorised access, use, disclosure, storage or copying is not permitted.
Communication by internet email is not secure as messages can be intercepted and read by someone else. Therefore we strongly advise you not to email any information, which if disclosed to unrelated third parties would be likely to cause you distress. If you
have an enquiry of this nature please provide a postal address to allow us to communicate with you in a more secure way. If you want us to respond by email you must realise that there can be no guarantee of privacy.
Any email including its content may be monitored and used by the Information Commissioner’s Office for reasons of security and for monitoring internal compliance with the office policy on staff use. Email monitoring or blocking software may also be used. Please
be aware that you have a responsibility to ensure that any email you write or forward is within the bounds of the law.
The Information Commissioner’s Office cannot guarantee that this message or any attachment is virus free or has not been intercepted and amended. You should perform your own virus checks.
__________________________________________________________________

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web:
www.ico.org.uk

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Erik Ribsskog
<eribsskog@gmail.com>

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PHSO Enquiry

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Erik Ribsskog

<eribsskog@gmail.com>

Wed, Jul 10, 2013 at 4:14 PM

To:
Phso Enquiries <Phso.Enquiries@ombudsman.org.uk>

Cc:
Postmottak Sivilombudsmannen <postmottak@sivilombudsmannen.no>

Hi,

PROTECT

The original of this email was scanned for viruses by Government Secure Intranet virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.
On leaving the GSI this email was certified virus free.
All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Erik Ribsskog
<eribsskog@gmail.com>

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Update/Fwd: PHSO Enquiry

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Erik Ribsskog

<eribsskog@gmail.com>

Tue, Jul 9, 2013 at 5:14 PM

To:
Phso.Enquiries@ombudsman.org.uk

Cc:
Postmottak Sivilombudsmannen <postmottak@sivilombudsmannen.no>

Hi,

could you at least please send me a folder, where it says about the procedure, regarding sending complaints, to the PHSO.

From: Erik Ribsskog <eribsskog@gmail.com>
Date: Tue, Jul 9, 2013 at 4:33 PM
Subject: Re: PHSO Enquiry
To: Phso Enquiries <Phso.Enquiries@ombudsman.org.uk>
Cc: Postmottak Sivilombudsmannen <postmottak@sivilombudsmannen.no>

Hi,

thank you for your e-mail.

I send about this to the Norwegian Ombudsman then.

I used to be in the Conservative Youth Party, in Norway, you see.

PROTECT

The original of this email was scanned for viruses by Government Secure Intranet virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.
On leaving the GSI this email was certified virus free.
All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Erik Ribsskog
<eribsskog@gmail.com>

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PHSO Enquiry

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Erik Ribsskog

<eribsskog@gmail.com>

Wed, Jul 3, 2013 at 2:36 PM

To:
Phso Enquiries <Phso.Enquiries@ombudsman.org.uk>

Hi,

PROTECT

The original of this email was scanned for viruses by Government Secure Intranet virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.
On leaving the GSI this email was certified virus free.
All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Erik Ribsskog

2:18 PM (0 minutes ago)

to steve.rotheram., Phso

Hi,

it says on Wikipedia that your job is to investigate complaints from the _public_:

‘The Ombudsman is responsible for considering complaints by the public’.

http://en.wikipedia.org/wiki/Parliamentary_and_Health_Service_Ombudsman

This doesn’t rhime with your replies.

Is this some kind of spoofing?

Erik Ribsskog

On Fri, May 17, 2013 at 12:28 PM, Phso Enquiries wrote:

PROTECT

We are committed to keeping your information secure. As part of that commitment we have decided that when we send you information by email we may have to remove some details. This includes information that may identify you, or any other person and sometimes the organisation complained about. Dear Sir Our reference: EN-161747 (please quote in any future correspondence). Thank you for your emails of 13 and 15 May 2013. I will respond to each of your emails in turn. Your email of 13 May You ask that we forward your email to your MP and say that you have no money to print forms. As I previously explained, we cannot consider your complaint until an MP has asked us to and we cannot ask your MP to pass on your complaint to us. In addition to this, for security reasons, we would be unable to forward your email to your MP without anonymising it. We are of the view that the best way forward is for you to email your MP directly and ask him to pass on your complaint about the Information Commissioner to us. Steve Rotheram’s email address is: steve.rotheram.mp@parliament.uk. Finally, whilst our complaint form is useful, you are not obliged to complete one. However, if you would like me to post you a complaint form, please provide us with your postal address. Your email of 15 May You explain that you have received two letters from Virgin Media regarding arrears and ask us to contact them on your behalf. You also explain the difficulties you are having with Jobcentre Plus (JCP). We are unable to consider complaints about private companies, such as Virgin Media. We are not an advocacy service and we will not be contacting them on your behalf. With regards to your concerns about JCP, if you have not already done so, we would advise you to raise these concerns directly with JCP. Details of JCP’s complaints procedure can be found via the following link: https://www.gov.uk/complain-jobcentre-plus. If you need support pursuing any of the above matters, you may wish to contact your local Citizens Advice Bureau. You can find the details of your local office via the following link: http://www.citizensadvice.org.uk/. I am sorry that we cannot assist you any further at this stage. Until an MP has asked us to consider your complaint about the Information Commissioner, we may not respond to your correspondence unless we think we need to. We will, however, save your correspondence to our file. Yours faithfully Imogen PearceCustomer Services OfficerParliamentary and Health Service OmbudsmanMillbank TowerMillbankLondonSW1P 4QP T: 0345 015 4033E: phso.enquiries@ombudsman.org.uk W: www.ombudsman.org.uk Follow us on

The original of this email was scanned for viruses by Government Secure Intranet virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.

On leaving the GSI this email was certified virus free.

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.

The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Update/Fwd​: PHSO EnquiryErik Ribsskog

4:52 PM (0 minutes ago)

to Phso.Enquiries, Postmottak, Contact-Us, hv-02.kontakt, amnestyis, EUteam, steve.rotheram.

Hi,

today I recieved two letters from Virgin Media regarding arrears.

I didn’t get to pay a bill of £10 earlier this month, due to that the jobcentre stopped my jobseekers-allowance, without warning!

(And for unclear reasons).

I now haven’t got electricity and only eat a cup of rice every day.

I can’t afford to call Virgin Media.

Can you call them on my behalf, (since they have no general enquiry e-mail address, like I have complained to you about).

The reference number for one of the (similar) letters is: 12612/1680.

The reference number for the second letter is: 12612/1684.

(So they have chaos there, it seems, since they send me two similar letters with different case-numbers, (I think the numbers must be), about the same case).

I also remember reading on the Virgin website that customers have £130 credit, with them.

So I thought I could just cancel the direct debit when the jobcentre stopped my jobseekers-alowance, without warning, for reasons that are a bit unclear to me.

I go to fourthnightly sign-on-meetins, at Aintree jobcentre, so if it’s any info the Jobcentre needs they should just ask for me to bring it, to the next sign-on meeting.

This is like the Jobcentre are just terrorising me and are being inhumane and cruel, I think.

Erik Ribsskog

———- Forwarded message ———-

From: Erik Ribsskog

Date: Mon, May 13, 2013 at 4:44 PM

Subject: Re: PHSO Enquiry

To: Phso Enquiries

Cc: Postmottak Sivilombudsmannen

Hi,

like I’ve explained I have no money no, to pay the library to print forms.

I don’t get my Jobseekers-allowance for some strange reason.

If you could forward the e-mail I sent you, to the MP please.

I’ve been in the Conservative (Youth) Party, in Norway, and thinks it gets a bit ‘sweaty’ to send them to the Labour MP directly.

The Ombudsman is also involved now.

I must admit I’ve been wondering if your last e-mail was spoofing.

In Norway the citizens just send e-mails directly to the Parliament Ombudsman.

I’ve also sent a lot of correspondence to Phso earlier without being asked to send this to an MP first, (at least as far as I remember it).

Best regards,

Erik Ribsskog

On Mon, May 13, 2013 at 4:04 PM, Phso Enquiries wrote:

PROTECT

We are committed to keeping your information secure. As part of that commitment we have decided that when we send you information by email we may have to remove some details. This includes information that may identify you, or any other person and sometimes the organisation complained about. Dear Sir Our reference: EN-161747 (please quote in any future correspondence). Thank you for your email of 11 May 2013 regarding your complaint about the Information Commissioner’s Office (ICO). As I understand it, you are requesting that we send your casework to your MP, Mr Steve Rotheram. It is unclear specifically what you would like us to send to Mr Rotheram. We only have the emails which you have sent to us saved on our file. We cannot ask an MP to pass on your complaint to us. We think the best way forward would be for you to liaise directly with your MP. You may wish to forward the emails you have sent to us to Mr Rotheram. We would also suggest that you complete the attached form and send it Mr Rotheram to consider. I am sorry that we are unable to assist you further at this stage. Yours faithfully Imogen PearceCustomer Services OfficerParliamentary and Health Service OmbudsmanMillbank TowerMillbankLondonSW1P 4QP T: 0345 015 4033E: phso.enquiries@ombudsman.org.uk W: www.ombudsman.org.uk Follow us on

The original of this email was scanned for viruses by Government Secure Intranet virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.

On leaving the GSI this email was certified virus free.

All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.

The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Erik Ribsskog
<eribsskog@gmail.com>

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PHSO Enquiry

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Erik Ribsskog

<eribsskog@gmail.com>

Mon, May 13, 2013 at 4:44 PM

To:
Phso Enquiries <Phso.Enquiries@ombudsman.org.uk>

Cc:
Postmottak Sivilombudsmannen <postmottak@sivilombudsmannen.no>

Hi,

In Norway the citizens just send e-mails directly to the Parliament Ombudsman.

PROTECT

The original of this email was scanned for viruses by Government Secure Intranet virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.
On leaving the GSI this email was certified virus free.
All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

Erik Ribsskog
2:23 PM (0 minutes ago)

to steve.rotheram., Phso
Ok,

could you please send the casework to him then?

I’m at the library.

Haven’t got electricity, (or food), at home since the Jobcentre, (in Aintree), has just stopped my allowance for no good reason.

Thank you for your reply!

Best regards,

Erik Ribsskog

On Fri, May 10, 2013 at 3:03 PM, Phso Enquiries wrote: PROTECT

We are committed to keeping your information secure.  As part of that commitment we have decided that when we send you information by email we may have to remove some details.  This includes information that may identify you, or any other person and sometimes the organisation complained about.

Dear Sir

Our reference: EN-161747 (please quote in any future correspondence).

Thank you for your email of 3 May 2013. You say that the Ombudsman in Norway does not ask you to write MPs and that you find this a bit strange.

I am sorry that you find this requirement strange. As I have explained, by law, only an MP can pass a complaint to us about government departments, agencies or organisations. We cannot consider a complaint until an MP has asked us to.

It is up to the MP whether to pass your complaint to us or not. MPs often try to resolve complaints they receive from the public themselves. You can check who your local MP is by contacting the House of Commons Information Office using the contact details I gave you previously.

Until an MP has passed your complaint to us, we cannot take any action on your complaint.

I hope this has clarified matters for you.

Yours faithfully

Imogen Pearce
Customer Services Officer
Parliamentary and Health Service Ombudsman
Millbank Tower
Millbank
London
SW1P 4QP

T: 0345 015 4033
E: phso.enquiries@ombudsman.org.uk
W: www.ombudsman.org.uk

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The original of this email was scanned for viruses by Government Secure Intranet virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.
On leaving the GSI this email was certified virus free.
All email communications with PHSO pass through the Government Secure Intranet, and may be automatically logged, monitored and/or recorded for legal purposes.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk