Inspection reports dog breeding establishments

Dear Madam,

Thank you for your request for inspection reports, which was received on
21st February, 2009 and is being dealt with under the Freedom of
Information Act 2000. We are therefore required to provide you with a
response within 20 working days, which will be on or before 20th March,
2009.

If we require any clarification or further details, we will contact you
as soon as possible.

In the meantime, if you have any queries, please do not hesitate to
contact me, remembering to quote the reference number above in any
communications.

Yours sincerely

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

show quoted sections

Dear Madam,

I refer to your requests for information regarding dog breeding
establishments which we received on 17^th and 21^st February, 2009. These
have been dealt with under the Freedom of Information Act 2000 (the Act).
I am providing this email as a single response to both requests.

The specific information you requested was the inspection reports for the
following premises between 1^st December, 2008 and 28^th February, 2009,
and whether a veterinary surgeon was in attendance on any of these
inspections.

1. Veindre Farm, Pencader, Carmarthen SA39 9HP

2. Alltgaredig, Llanpumsaint, Carmarthen SA33 6JU

3. Llain Crug yr Ast, Cynwyl Elfed, Carmarthen SA33 6SS

Your first request also asked for reports of any inspections carried out
at Alltgaredig, Llanpumsaint in the period 12^th December, 2007 and 17^th
February, 2009.

I can confirm that inspections of all of these premises have taken place
between 1^st December, 2008 and 28^th February, 2009. In relation to
Alltgaredig, an inspection also took place between 12^th December, 2007
and 11^th February, 2009. No animal welfare issues were identified in any
case. None of these visits were accompanied by a veterinary surgeon.

However, after careful consideration, I have decided that the reports held
by the Authority should be withheld for reasons I will set out below. 

The reports constitute the personal information of the dog breeders.

The legal definition of personal information contained in the Data
Protection Act 1998 (DPA) is information that relates to a living
individual, who can be identified from the information, or from other
information held or likely to be held by the data controller (in this case
the Council). This would include names and addresses, as well as a wide
range of other information which could be used to identify a living
person.

The definition also includes any expression of opinion about the
individual and any indication of the intentions of the data controller, or
any other person in respect of them. An example of this would be
information in an inspection report which relates to an individual and
which records the opinions of the Authority regarding the individual's
activities, summarised in recommendations.

Under Section 40 (2) of the Act, a public authority may refuse to release
personal data if its disclosure would breach any of the data protection
principles set out in Schedule 1 of the DPA. The first data protection
principle requires that personal data be processed fairly and lawfully,
with the term processing including disclosure or release to third
parties. Schedule 2 of the DPA provides the conditions relevant to the
first data protection principle and at least one must be met before
personal data can be disclosed.

The relevant condition is found at paragraph 6 of Schedule 2, which I will
quote below in full:

"6 (1) The processing is necessary for the purposes of legitimate
interests pursued by the data controller or by the third party or parties
to whom the data are disclosed, except where the processing is unwarranted
in any particular case by reason of prejudice to the rights and freedoms
or legitimate interests of the data subject."

Disclosure of information under the Freedom of Information Act has the
effect of placing it in the public domain. I must therefore disregard who
has asked for the information and am required to consider whether it would
breach the first data protection principle by releasing it to the public
at large.

The first step in meeting the condition quoted above is to establish
whether there is in fact a legitimate public interest in disclosing the
information, before considering whether the interests of the individuals
in question outweigh this. I would add that the concept of public interest
differs from mere public curiosity, or something that may be interest to
the public.

I can see that there is a public interest in knowing that the Authority is
discharging its statutory obligations in relation to dog breeding by
carrying out the necessary inspections. I have already confirmed above
that inspections of these premises have been carried out carried out.

The question which then arises is whether this extends to publishing the
reports of these inspections. I do not believe that this is the case.

Even if there is a clear public interest in disclosure, I am of the view
that the risk of harm or distress to the individuals would outweigh this
and therefore make the release of the reports unwarranted and unfair.

I recognise that animal welfare is an emotive subject which inspires
heated debate and, unfortunately, in a minority of cases, threats and acts
of criminal damage, violence and so forth. The Authority is aware from
discussions with the Police that a number of incidents occurred in the
County during 2007 and 2008 where the property of individuals engaged in
dog breeding was specifically targeted by activists resulting in criminal
damage and risk to public safety.

We have now received advice from the Police that details of certain
premises, if released into the public domain, would place these premises
at risk of being targeted by certain individuals.

I would again emphasise that releasing information under the Act has the
effect of publishing it - I cannot view this as a potential disclosure to
one person alone. Therefore, on balance, I have decided that the
prevention of risk to the individuals concerned outweighs any public
interest in disclosing the reports.

Accordingly, I do not consider that this condition is met and it is my
view that the release the reports would breach the first data protection
principle. Section 40 (2) of the Act provides and absolute exemption
where this is the case.

If you disagree with this decision or the way in which your request has
been dealt with, you have the right to complain in the first instance to:

The Head of Administration & Law

Carmarthenshire County Council

County Hall

Carmarthen

SA31 1JP

Email: [email address]

If you remain unhappy with any subsequent decision, you have the right to
appeal to the Information Commissioner to rule on your complaint. You may
write to him at:

Information Commissioner

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

If I can be of further assistance please do not hesitate to contact me.

Yours faithfully

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

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