Directorate of Social and Community Services

Libraries and Community Information

Local Studies and Archive Centre, Central Library, Townley Road, Bexleyheath, Kent. DA6 7HJ. Fax: 020 8304 7058

www.bexley.gov.uk

A Marr

By email: [FOI #30249 email]

Dear A Marr,

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Your request:

As the majority of information I am after is in the News Shopper

this week, I wish to change my request to just the names of the

individuals and Groups.

I do not wish to waste money like the other individuals but feel we

should be able to know who is wasting our money with these

questions.

We consider that the exemption in section 40(2) of the Freedom of Information Act 2000 applies in relation to the disclosure of names of residents who have submitted requests for information. The requested information constitutes personal data, the disclosure of which would contravene the data protection principles. Disclosure would breach the first data protection principle, which requires that personal data shall be processed fairly and lawfully. It is the fairness aspect of the principle which would be breached by disclosure. In such circumstances, section 40 confers an absolute exemption and there is therefore no public interest test to apply.

It would not be fair, in our view, to name the individuals concerned. There is likely to be a strong expectation on the part of such individuals (especially as they have made their requests as private individuals) that their names would not be disclosed; we do not, for example, give individuals prior warning or notice that their names will be disclosed and it could well cause considerable distress to them as a consequence in the event of disclosure, especially if disclosure then leads to personal criticism for the number of requests they have made. There is unlikely to be any legitimate interest in disclosure as the identity of those making requests is not a factor that has any relevance to the operation of the Act or the Council's obligations to respond to those requests.

.

Your request will not be fulfilled but if you have any further information needs in the future then please contact me.

You have the right of appeal against the decision. If you wish to appeal, please set out in writing your grounds of appeal and send to the FOI Review Officer at [Bexley Borough Council request email]

You also have a right of appeal to the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
www.ico.gov.uk

Yours sincerely,

John Grosvenor

Local Studies Librarian and Freedom of Information Officer