Lynn,
I would imagine this would fall under EIR as it relates to the environment. As rats are a public health issue, I would see a stronger public interest to know how the council is dealing with rats and the wider threat to the public from this infestation.
I appreciate there could be concerns over personal data. However, the individual (the owner) is not responsible for the rats (as far as we know) so that they have had to suffer a rat infestation is less a reflection on them personally than on their property and what nature has decided do provide them in terms of rats.
I would argue that redactions and disclosure would be appropriate given the bias to disclose under EIR and the need for public health with the wider threat from an ongoing problem with rats.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: 21 July 2015 14:32
To: [log in to unmask]
Subject: rats
Have over thought this one now and wondered if people have views.
When personal data relates to a property...
Private house on X Street owned by Mr A has had an ongoing rat problem over a couple of years resulting in several complaints to the Council's pest team from neighbours, a report is produced, drain contractors engaged etc. Problem does not seem to have been solved satisfactorily however to date.
Mr A sells to Mrs B. Mrs B quickly realises upon moving in there are rats. She potentially has some dispute with the seller that Council should not get involved in. However, she requests info on the property, of which she is now the legal owner, going back years to see what complaints were made, what action taken etc.
What would you exempt, if anything, as the personal data of Mr A under FOI / EIR?
If you determine any info relating to the property as being Mr A's personal data prior to him moving, would you release it under s35 if her solicitor asked for it?
Does anyone know of any legislation that means Mrs B has a right to be told the information that I don't know of?!
Thanks
Lynn
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|