In an effort to understand the magnitude of the problem, under the Freedom of Information Act I recently requested complaint data concerning Orange from OFCOM.
They have declined to supply the information citing a legitimate exemption (section 44 Freedom of Information Act) because disclosure is prohibited under the following section of the Communications Act 2003 (my underscoring):-
Section 393 : General restrictions on disclosure of information
(1) Subject to the following provisions of this section, information with respect to a particular business which has been obtained in exercise of a power conferred by—
(a) this Act,
(b) the enactments relating to the management of the radio spectrum (so far as not contained in this Act),
(c) the 1990 Act, or
(d) the 1996 Act,
is not, so long as that business continues to be carried on, to be disclosed without the consent of the person for the time being carrying on that business.
The information requested was in relation to the number of complaints against Orange/Wanadoo for the years 2004 to 2006 inclusive, the descriptions of the complaints and OFCOM's investigations conclusions.
OFCOM indicated that Section 44 is an absolute exemption under the Act and does not require a public interest test.
They also indicated that they generally only investigate complaints relating to clearly identified breaches of relevant regulatory (ex ante) obligations.
Details of OFCOM's 6 monthly investigation reports can be viewed at :-
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