Because they haven't asked for the standard template, they've asked for the specific agreement that's why.
 
I am as happy to make life easy for myself as the next person but sometimes what you'd like to do is non-compliant so you have to do the donkey work.

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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Call 0800 169 1125 to book a free Home Fire Safety Check.
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From: Jane Holden [mailto:[log in to unmask]]
Sent: 02 May 2012 13:38
To: SHQ - Gardiner, Lee; [log in to unmask]
Subject: RE: [data-protection] Is a standard tenancy agreement personal in formation

I think this is being over analysed.  The requestor is not entitled to the agreement which relates to Mr X.  By excluding the PD you are in effect giving the standard template.  Why sit redacted all the PD when you have a template ready to go?!

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: SHQ - Gardiner, Lee [mailto:[log in to unmask]]
Sent: 02 May 2012 12:58
To: Jane Holden; [log in to unmask]
Subject: RE: [data-protection] Is a standard tenancy agreement personal in formation

I'm probably reading too much into this but if 9 out of 10 agreements aren't standard then by providing the standard agreement you aren't complying with the FOI request properly or issuing a valid refusal.
 
You refuse to confirm or deny and leave it at that or you redact the PD and provide the rest of the agreement itself unless there is another valid reason to refuse.
 
You are effectively giving them information they haven't asked for surely?
 

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: Jane Holden [mailto:[log in to unmask]]
Sent: 02 May 2012 12:00
To: [log in to unmask]
Subject: Re: [data-protection] Is a standard tenancy agreement personal in formation

Hello
 
Much depends on how you word your disclosure.  Refusing to confirm or deny the existence of a tenancy agreement with Mr X but then offering a copy of the Council's Standard/Template tenancy agreement is not confirm that Mr X has a tenancy or even that those are the terms.  In my experience of dealing with tenancy agreements, standard agreements are 9 times out of 10 altered in same way to suit.
 
Jane

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 02 May 2012 10:51
To: [log in to unmask]
Subject: Re: [data-protection] Is a standard tenancy agreement personal in formation

I am not sure I understand the logic behind previous answers - refuse to confirm or deny the specific terms of the neighbours agreement, but then disclose your standard agreement. Isn't that effectively confirming that the neighbour is on those terms ?

What do you then do with an FOI request "How many tenancy agreements have you issued (a) on your standard terms (b) on other terms ? Refuse it because by the mosaic effect it might disclose personal data ? How many of you would actually have done that if not alerted by the earlier request and knowledge of the dispute ?

My view. The fact that the tenant is on the standard contract probably is personal data. However there is a legitimate public interest in knowing the terms on which a public authority lets its land and there is no unwarranted prejudice to the tenant in such a disclosure. Condition 6 is satisfied. I would reject a s10 notice* (which of course he would have to give before any disclosure not after to affect the decision) and advise tenant that if he objected to an FOI disclosure he should seek an injunction. 

* It would be interesting to see how he is going to use s10. What damage can he allege ? That he is at risk of his own wrongdoing being found out ? If he says that is it a proper reason for us to protect him ? 

 

 

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