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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

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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: www.lancsfirerescue.org.uk
Facebook: Lancashire Fire and Rescue Service
Twitter: @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
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