LPP is a qualified exemption. Ask the Council to make and if necessary
review the decision, explaining why you think it is strongly in the
public interest that the advice is disclosed.
If we had legal advice on this issue I am confident we would waive
privilege in the public interest.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Fax: 029 2087 3349
You're digging it round and it ought to be square
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 12 May 2010 08:38
To: [log in to unmask]
Subject: Re: [data-protection] Statistics for FOI requests
Our Councillors usually pass any requests on to the Council as
Councillors are not a public authority under the Act.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 11 May 2010 19:27
To: [log in to unmask]
Subject: Re: Statistics for FOI requests
In message
<[log in to unmask]>, at
09:59:25 on Tue, 11 May 2010, "Baines, Jonathan"
<[log in to unmask]> writes
>"It's because of legal advice THEY'VE had" - if this means the public
>authority, then correspondence then the request should be (or should
>have
>been) put to the public authority and not the Councillor.
The council seems like a more suitable target, but some people clearly
believe that an elected member (especially one from the ruling party,
known to chair committees etc) is somehow "part of the council", but I
can accept that this is merely a misapprehension.
>There is a fundamental distinction between disclosing legal advice and
>justifying the legal basis for a position. The former is (to an extent,
>of
>course) protected by LPP,
LPP will prevent the lawyer disclosing it, or even a council employee if
it relates to an ongoing case, but it shouldn't prevent the council from
disclosing it if they wanted to. This is a common problem with FOI/DPA
it seems, people generalising a prohibition that only applies in limited
circumstances.
>the latter is what anyone should be prepared to do when a dispute
>arises which engages points of law.
The process of determining the "legal basis" is surely documented
somewhere, if not in "external legal advice", then as minutes of an
internal meeting.
>Of course, an unhelpful public authority might refuse to explain their
>legal position, saying a request for a statement of a legal position is
>not a request for information falling under FOIA.
I wonder why a local council would want to be "unhelpful" in this
regard, when the issue is them documenting "how helpful" they have been.
>The next best thing to do would be to write to the Council's FOI
>officer saying you understand that the Council feels under a legal duty
>to report on FOI statistics, and could he explain the legal basis
>behind the belief. Cut the Councillor out of the picture.
Indeed.
>(I should add that I can't think of any specific legal duty to report
>stats,
That's useful, thanks.
>but there are more general audit requirements and expectations on a
>public authority which might explain the position).
The effort involved in FOI activity might be of no more interest to
local taxpayers than any other aspect of their administration. For
example "how much does it cost to plan how to reschedule your refuse
collection around a public holiday".
Of course, if it then requires an FOI request to obtain the information
on how much it costs to process FOI requests, we are on a rather
slippery slope...
>-----Original Message-----
>From: This list is for those interested in Data Protection issues
>[mailto:[log in to unmask]] On Behalf Of Roland Perry
>Sent: 11 May 2010 07:27
>To: [log in to unmask]
>Subject: [data-protection] Statistics for FOI requests
>
>This is a spill-over from a discussion on another list...
>
>A District Councillor says he dislikes FOI because it costs the council
>a lot of money to track, and report on statistics regarding the number
>of requests outcomes etc.
>
>Others say that they can see no requirement to do that, in the Act or
>OIC guidance [I haven't checked if that's true].
>
>Councillor changes tune and says it [the tracking etc] is because of
>legal advice they've had.
>
>(You can guess the next bit...) Someone asks him 'under FOI' for a copy
>of that legal advice.
>
>He refuses because (a) he says he's not a public authority, and (b)
>disclosing legal advice is exempt.
>
>Oddly enough, he didn't reply to a previous 'FOI request' for the cost
>to the council of the bureaucracy he dislikes.
>
>Before this all gets completely out of hand, who is right so far... and
>what's the best next thing to ask?
>--
>Roland Perry
>
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