Is the data Mr A's personal data? It sounds like the focus of the data is
the property (and the rats). Take out the names of any complainants and I
don't see a problem.
If the content does mean it is Mr A's personal data, Mrs B clearly has a
legitimate interest that is not outweighed by any unwarranted harm to Mr A.
She might well sue him, but that doesn't make any harm unwarranted.
Either way, I would disclose.
Tim Turner
On Tue, 21 Jul 2015 at 14:34 Lynn Wyeth <[log in to unmask]> wrote:
> Have over thought this one now and wondered if people have views.
>
> When personal data relates to a property...
>
> Private house on X Street owned by Mr A has had an ongoing rat problem
> over a couple of years resulting in several complaints to the Council's
> pest team from neighbours, a report is produced, drain contractors engaged
> etc. Problem does not seem to have been solved satisfactorily however to
> date.
>
> Mr A sells to Mrs B. Mrs B quickly realises upon moving in there are rats.
> She potentially has some dispute with the seller that Council should not
> get involved in. However, she requests info on the property, of which she
> is now the legal owner, going back years to see what complaints were made,
> what action taken etc.
>
> What would you exempt, if anything, as the personal data of Mr A under FOI
> / EIR?
>
> If you determine any info relating to the property as being Mr A's
> personal data prior to him moving, would you release it under s35 if her
> solicitor asked for it?
>
> Does anyone know of any legislation that means Mrs B has a right to be
> told the information that I don't know of?!
>
> Thanks
>
> Lynn
>
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