No To Retro Tax – Campaign Against Section 58 Finance Act 2008

[DaveB]

I had one refused (a DPA request) on the grounds that I was asking for too much information - they want me to tell them what I am specifically looking for....which if I knew that, I wouldn't be asking!

Is £600 a random figure you plucked or does it have any specific meaning?

The £600 figure related to FOI requests, not to DPA requests and is set in law.

If you make a DPA request, then subject to some specific caveats, they have to provide you with that information. The key is to be specific about the information you are requesting to remove the need for interpretation by the agency involved. Details on the ICO website here: Find out how to request your personal information | ICO

So a request for everything they have on file for you would probably be turned down as too broad to be easily fulfilled. A request for all files and correspondence relating to a specific tax return for a specific period including relevant internal HMRC documents should get through. You may have to make multiple requests for multiple years. They can charge you up to £10 per request to provide the information.

FOI requests are different and cover information held on any subject other than your personal information. Requests for personal information are always processed under DPA rules and not FOI. There is a cost limit set for FOI requests of £600 for central govt agencies (£450 for any other organisation). Again, the request needs to be sufficiently detailed to allow the organisation to identify the relevant information without interpretation of the request. How to access information from a public body | ICO

In both cases you need to frame the request carefully, assuming it is accepted you will get exactly what you ask for, which is not always what you actually wanted or expected.

Complaints in both cases go to the ICO. Complain - Data Protection, Freedom of Information, Marketing - ICO

[eek]

It's a specific figure. See here:

When can we refuse a request for information? | ICO

"Currently, the cost limit for complying with a request or a linked series of requests from the same person or group is set at £600 for central government, Parliament and the armed forces and £450 for all other public authorities. You can refuse a request if you estimate that the cost of compliance would exceed this limit. This provision is found at section 12 of the Act."


Also some interesting info at this link with a template letter for appealing a refusal. Scroll down to "What can I do if I believe the organisation has not sent me all the information I am entitled to?"

Find out how to request your personal information | ICO

Hope that helps.

Are you sure that's right? The £600 figure was created to restrict freedom of information requests about general items, not personal data held about you....

It wouldn't surprise me if HMRC (intentionally) misunderstands what law they are using....

[SantaClaus]

Are you sure that's right? The £600 figure was created to restrict freedom of information requests about general items, not personal data held about you....

It wouldn't surprise me if HMRC (intentionally) misunderstands what law they are using....

You could be right, maybe I am getting the FOI and DPA mixed up. I blame a bad cold I am currently suffering from!

We still don't know the exact reasons why Freeranger's request was refused (only "too much information"). But it would seem to make sense to use the template letter in the link above to argue HMRC's decision.

[SantaClaus]

The £600 figure related to FOI requests, not to DPA requests and is set in law.

If you make a DPA request, then subject to some specific caveats, they have to provide you with that information. The key is to be specific about the information you are requesting to remove the need for interpretation by the agency involved. Details on the ICO website here: Find out how to request your personal information | ICO

So a request for everything they have on file for you would probably be turned down as too broad to be easily fulfilled. A request for all files and correspondence relating to a specific tax return for a specific period including relevant internal HMRC documents should get through. You may have to make multiple requests for multiple years. They can charge you up to £10 per request to provide the information.

FOI requests are different and cover information held on any subject other than your personal information. Requests for personal information are always processed under DPA rules and not FOI. There is a cost limit set for FOI requests of £600 for central govt agencies (£450 for any other organisation). Again, the request needs to be sufficiently detailed to allow the organisation to identify the relevant information without interpretation of the request. How to access information from a public body | ICO

In both cases you need to frame the request carefully, assuming it is accepted you will get exactly what you ask for, which is not always what you actually wanted or expected.

Complaints in both cases go to the ICO. Complain - Data Protection, Freedom of Information, Marketing - ICO

Thanks DaveB for clearing that up.

[freeranger]

Thanks guys - I did ask for everything they have on me :}
I will try again with a more specific request...

[helen7]

I asked specifically for the letters they had sent me to open enquiries into my tax returns. They did not give a specific reason to reject it...just listed 5 reasons why they might reject it.

[SantaClaus]

I asked specifically for the letters they had sent me to open enquiries into my tax returns. They did not give a specific reason to reject it...just listed 5 reasons why they might reject it.

In that case, I would make a complaint to the ICO...

Complain about accessing information - ICO

P.S. Please check your inbox for a PM

[OneUnited]

Donations

Can someone remind me how I set up a standing order
Can't seem to find it anywhere
Thanks

[SantaClaus]

Can someone remind me how I set up a standing order
Can't seem to find it anywhere
Thanks

Thanks for the offer OneUnited. I've sent you a PM with the details.

[lucozade]

New HMRC letter

Just received an update letter from HMRC, inviting me to make payment instead of waiting for the outcome of the First Tier Tribunal.

This is either procedural or they are starting to get worried and are attempting to squeeze money out of people.

Copy sent to Whitehouse.

Still, it's had the desired effect of getting me very worried again. Gulp.