Thanks to everyone who provided their thoughts on this. Much
appreciated.
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
Did you know that under Freedom of Information Act 2000, an email can
form part of a response for information?
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From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 13 October 2010 17:29
To: [log in to unmask]
Subject: Re: [data-protection] Housing Benefit Payments to Landlords
"One has to explain ih what way the disclosure would breach any of the
DP principles or s10 of DPA - failure to do so would be a breach of
17(1)(c) FOIA (failure to state why exemption applies) and the Decision
Notice would make that very clear."
Agreed. Generally my refusals here are along the lines "... would breach
the first data protection principle which requires that disclosure be
fair and lawful and requires that at least one of the conditions in
Schedule 2 be satisfied (see annexe for conditions). We have not been
able to identify any such condition which would permit us to answer your
request..."
If then there is a request for an internal review we ask the applicant
to specify which condition and why it applies. Pragmatically therefore
we cover these issues fully before they can get to ICO but do not waste
too much time concocting reasons for the majority of cases where the
decision is accepted.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask] <mailto:[log in to unmask]>
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Fax: 029 2087 3349
"In the current circumstances of reduced budgets and increased concern
for transparency and accountability, information rights are a front line
service, not a mere back office function. We all have to do more for
less, but much is expected of all of us working in the information
rights field." Christopher Graham, Information Commissioner
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 13 October 2010 14:25
To: [log in to unmask]
Subject: Re: [data-protection] Housing Benefit Payments to Landlords
Well, obviously one must go into detail :)
On 13 Oct 2010, at 14:04, Baines, Jonathan wrote:
The ICO cannot fault such a documented refusal...
Altogether now - Oh yes he can! Simply citing that disclosure
would reveal pd is not sufficient. One has to explain ih what way the
disclosure would breach any of the DP principles or s10 of DPA - failure
to do so would be a breach of 17(1)(c) FOIA (failure to state why
exemption applies) and the Decision Notice would make that very clear.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
tel: 01296 383681
fax: 01296 382421
________________________________
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