Location Based Services COP request - we have a reply, almost !

By wtwu on January 19, 2005 6:15 PM | 1 TrackBack

Hooray we have our first sucesseful Freedom of Information Act Request ! Well, almost.

We requested a copy of a Mobile Phone Industry Code of Practice regarding Location Based Services, especially those aimed at Children and Vulnerable Adults, from Ofcom, the Industry Regulator.

We have got a reply ref: FOI Case 2360053 (does that mean the 53rd FOIA request this year ?) after only 8 working days.

The email reply is attached below, and includes:

"I have spoken to colleagues in the sections of Ofcom likely to have knowledge of this and we do not believe that Ofcom has been involved with work to produce such a code. As such, and following a search of our paper and electronic records, we do not hold the information you requested."

Fair enough. However this does raise the question of exactly why was Ofcom, the Mobile Phone Industry regulator not involved in even any discussions about a Mobile Phone Industry Code of Practice covering such a sensitive and controversial issues like the privacy and safety of children.

"However, an internet search has found [URL ] which appears to be the Code you are seeking and you may wish to contact the Mobile Broadband Group, whose details are given, if you require further information."

Yes indeed, the URL that they have pointed us to does seem to be the right sort of document entitled:

"Industry Code of Practice

For the use of mobile phone technology to provide passive
location services in the UK

24 September 2004"

However, the URL quoted does not belong to any of the Mobile Phone Network companies, or the Location Based Service providers, or the Children's Charities which were involved in drawing up this Code of Practice.

The website of the mobile phone applications software company where this .pdf document resides does not appear to link to it from their front page or to have any keyword search facility which might lead one to it naturally.

The Google search engine has obviously indexed this document, but its link facility does not give a clue as to where it found a reference to the document. Perhaps this is because it is a .pdf file rather than a web page per se.

It is not clear that this copy is intended for publication, although it does have references to two Confidential Annexes dealing with the suggested frequency of "random" notification or reminder messages that your mobile phone is being tracked by a Location Based Service provider, an essential security and privacy feature which has not always worked properly on all the services being offered to the public.

Is this document the final version ?

We therfore have a slight doubt about publishing this URL, although now that you know the title of the document... (email us if you are really interested in a copy)

If Ofcom requested this document from one or more of the Mobile Phone companies, they would no doubt have complied with alacrity, which is why we wanted Ofcom to publish this Code of Practice on their official website.

The email reply from Ofcom:

Ref: FOI Case 2360053
19 January 2005

Mr xxx

[address]

Dear Mr xxx

Freedom of Information: Right to know request

Thank you for your request for information about a "Location Based Services Code of Practice". Your request was received on 10 January (e-mail) and again on 12 January (postal copy) and I am dealing with it under the terms of the Freedom of Information Act 2000 (the 'Act').

I have spoken to colleagues in the sections of Ofcom likely to have knowledge of this and we do not believe that Ofcom has been involved with work to produce such a code. As such, and following a search of our paper and electronic records, we do not hold the information you requested. As the article you have quoted states, it may be a Home Office/Police matter and the Code itself appears to be a guideline drawn up by the industry (please see below).

You may wish to contact the Home Office or look at their website http://www.homeoffice.gov.uk/inside/foi/index.html to find out how to request information from them under the Freedom of Information regime. Alternatively, you may consider contacting the journalist quoted to ask for details of the source of his report, which may be helpful in identifying the Code's authors and contributors.

However, an internet search has found [URL ] which appears to be the Code you are seeking and you may wish to contact the Mobile Broadband Group, whose details are given, if you require further information.

If you are unhappy with the decisions made in relation to your request from Ofcom you may ask for an internal review. If you wish to complain you should contact

The Secretary to the Corporation
Office of Communications
Riverside House
2a Southwark Bridge Road
London SE1 9HA

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

[name of an Ofcom member of staff]

Information Requests


******************************************************************************************************************
Ofcom is the independent regulator and competition authority for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.

For further details and to register for automatic updates from Ofcom on key publications and other developments, please visit www.ofcom.org.uk

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the originator of the message. This footer also confirms that this email message has been scanned for the presence of computer viruses.

Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Ofcom.
******************************************************************************************************************

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1 TrackBack

Ofcom FOIA request reply after only 8 days. from Spy Blog on January 19, 2005 7:28 PM

We have had a reply to our first Freedom of Information Act 2000 request to Ofcom, for a copy of the Mobile Phone Location Based Services Code of Practice, after only 8 working days. Ofcom deny participating in drawing up... Read More

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