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'Instructions to IPS January 2009'.
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Enquiries to: Wendy Twigge Your Ref: Our Ref: FOI/WT/52469 |
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Mr. Julian Todd |
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Date: 31 March 2009 |
Dear Mr. Todd,
Freedom of Information Request 52469
I write to you in reference to your email regarding our response to your above request made under the Freedom of Information Act 2000.
You asked why addresses on each case were redacted, and why no explanation of this was in your response letter.
Although a Section 17 refusal notice was provided, I apologise for the oversight in not including details as to the basis of withholding the address information.
Under Section 40(2)(b) & 40(3)(a)(i), where disclosure of information would breach any of the data protection principles.
In the Information Tribunal's decisions of Turcotte v the Information Commissioner & Camden LBC (EA/2007/0129) and Camden LBC v the Information Commissioner (EA/2007/0021), it was decided that disclosure of full addresses would amount to a breach of the Data Protection Act 1998 principles
Accordingly, the Council is withholding the address information as it is considered disclosing them would breach the “fair and lawful processing” and the processing in accordance with the data subject's rights data protection principles. The Council does not consider that any conditions under Schedule 2 exist so as to legitimise disclosure.
The reason it is considered unfair, is that the data relates to the addresses of people raising requisitions for repairs to their property. Members of the public would not reasonably expect that their addresses, which by reference to the Electoral register might enable them to be identified, to be given out to others unconnected with Council business.
I regret to advise other than asking for a review, per the procedure previously outlined, I am unable to assist you any further.
Yours sincerely
W Twigge (pp)
Information Manager
Liverpool City Council
Wendy Twigge Information Manager Legal Services
Municipal Buildings, Dale Street, Liverpool, L2 2DH
tel: 0151 225 3132 fax: 0151 225 2392 email: [email address]
