A 'fly by night' view I am sure but if the requestor knows the neighbour is on a tenancy the same as the requestor what is to be gained by neither confirming or denying that a tenancy exists? The fact the neighbour doesn't own their land and is a tenant is indirectly a public record via the Land Registry anyway as the LR records that will confirm the CC as landowners. Unfortunately it seems DCC are caught in the middle of a argument between neighbours and a damned whatever they do!! Lee Gardiner Data Protection & Freedom of Information Officer Operational Risk Management Lancashire Fire & Rescue Service Service Headquarters Garstang Road Fulwood Preston PR2 3LH 01772 866903 07891 718879 [log in to unmask] SMOKE ALARMS SAVE LIVES Call 0800 169 1125 to book a free Home Fire Safety Check. Visit our website: <http://www.lancsfirerescue.org.uk/> www.lancsfirerescue.org.uk Facebook: <https://www.facebook.com/pages/Lancashire-Fire-and-Rescue-Service/154572027 961113> Lancashire Fire and Rescue Service Twitter: <https://twitter.com/LancashireFRS> @LancashireFRS _____ From: Jane Holden [mailto:[log in to unmask]] Sent: 01 May 2012 10:19 To: SHQ - Gardiner, Lee; [log in to unmask] Subject: RE: [data-protection] Is a standard tenancy agreement personal in formation If you refuse under S.40 you are disclosing the fact that the individual has a tenancy agreement. You need to use S.40 (5) - Neither confirm nor deny then disclosure the standard tenancy. 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 _____ From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of SHQ - Gardiner, Lee Sent: 01 May 2012 10:19 To: [log in to unmask] Subject: Re: [data-protection] Is a standard tenancy agreement personal in formation Refuse the personal data elements under s40 and release the standard agreement as already stated. Job done and no s10 issues as you aren't processing the PD. Lee Lee Gardiner Data Protection & Freedom of Information Officer Operational Risk Management Lancashire Fire & Rescue Service Service Headquarters Garstang Road Fulwood Preston PR2 3LH 01772 866903 07891 718879 [log in to unmask] SMOKE ALARMS SAVE LIVES Call 0800 169 1125 to book a free Home Fire Safety Check. Visit our website: <http://www.lancsfirerescue.org.uk/> www.lancsfirerescue.org.uk Facebook: <https://www.facebook.com/pages/Lancashire-Fire-and-Rescue-Service/154572027 961113> Lancashire Fire and Rescue Service Twitter: <https://twitter.com/LancashireFRS> @LancashireFRS _____ From: [log in to unmask] [mailto:[log in to unmask]] Sent: 01 May 2012 09:52 To: [log in to unmask] Subject: [data-protection] Is a standard tenancy agreement personal information We have a situation where the tenant of one of our farms has submitted an FOI request for a copy of his neighbours farm tenancy agreement, to see if a planning application breaches the agreement. Obviously the actual rent being paid is exempt from disclosure but the rest of the agreement is a standard tenancy agreement and would thus be disclosable if a request came in for "a copy of your standard County Farm Tenancy Agreement". The farmer in question is aware of the request and has stated that he will issue a Section 10 Notice if we disclose. (DPA 1998) I have conflicting views so would appreciate you views on whether disclosure is required or not? Many Thanks David Wilson Data Protection Officer 01305 225175"This e-mail is intended for the named addressee(s) only and may contain information about individuals or other sensitive information and should be handled accordingly. Unless you are the named addressee (or authorised to receive it for the addressee) you may not copy or use it, or disclose it to anyone else. If you have received this email in error, kindly disregard the content of the message and notify the sender immediately. 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