For Section 38 to be engaged you to show that disclosure would or would be likely to endanger physical or mental health or safety of an individual. Do you have sufficient evidence to support this? A mere assertion that disclosure could, or might, cause endangerment would be insufficient.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Tuesday 06 September 2011 15:14
To: [log in to unmask]
Subject: Re: [data-protection] Civil Enforcement Officers Badge Numbers
I would definitely go with the safety of the individual. The traffic warden could be targeted by his/her acquaintances. On the other hand, do the traffic wardens not put their name and number on the ticket?
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 06 September 2011 14:41
To: [log in to unmask]
Subject: Civil Enforcement Officers Badge Numbers
Scenario
Request received for the name and number of all traffic wardens who have issued the requestor with a ticket.
Only one warden is captured by the request.
Name is covered by FOIA S.40(2) and my initial thoughts were that his badge number is also covered (in essence its an ID badge) but someone has put doubt in my mind! Do I need to consider FOIA S.38 (safety of the individual) rather than S.40 in terms of his badge number.
Straight forward I know but Doubting Thomas has thrown me a bit today.
:-)
Thanks
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
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