Outsourced Data Disposal Firm

The request was refused by Scottish Borders Council.

Dear Scottish Borders Council,

Under the Freedom of Information Act 2000, please provide me with the name of the firm chosen to manage the outsourced data disposal which led to the recent ICO civil monetary penalty.

Also please provide copies of all due diligence assessments around this outsourced contract.

Finally, please provide an electronic copy of the Council's security strategy, policies and awareness material specifically parts advising staff on how to handle personal data.

I am happy for all responses to be made electronically to this email address.

Thank you for your time.

Yours faithfully,

Tony Walker

Freedom of Information, Scottish Borders Council

Dear Mr Walker

I acknowledge receipt of your request for information under the Freedom of
Information (Scotland) Act 2002 relating to the above and shall respond
within the relevant 20 working day period.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

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Freedom of Information, Scottish Borders Council

3 Attachments

Dear Mr Walker

Further to your request for information under the Freedom of Information
(Scotland) Act 2002 relating to the above I am now able to respond.

 

1.         Unfortunately we are unable to provide this information as it
is personal information and is exempt under Section 38 (1)(b) of FOISA.

 

2.         As far as the Council is aware no diligence assessments were
carried out.  As the Council does not hold this information it is exempt
under Section 17 of FOISA.

 

3.         I have pleasure in attaching a Code of Practice on the Data
Protection Act 1998, Data Protection Procedures and a copy of the
Council's Computer Security Policy snd Standards.

 

I hope you are happy with the information provided but have to advise that
you have a right to request a review within 40 working days of receipt of
this email.  You should either e-mail [1][Scottish Borders Council request email] or write
to the Data Compliance Officer, Scottish Borders Council, Council HQ,
Newtown St.Boswells TD6 0SA.

 

If after the Council’s FOI Advice Group have considered your review and
you are still not happy with the decision you then have a right to appeal
to the Office of the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St.Andrews, fife KY16 9DS.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

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References

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1. mailto:[Scottish Borders Council request email]

Dear Scottish Borders Council,

Please pass this on to the person who conducts Freedom of Information reviews.

Thank you for the partial response covering two of my three questions, however, I am writing to request an internal review of Scottish Borders Council's handling of my FOI request 'Outsourced Data Disposal Firm'.

You have stated that the identity of the company contracted in to provide data disposal services is protected as personal data under the Data Protection Act 1998.

I would like you to review this decision as the trading name of a company (limited or otherwise incorporated) which has tendered for and won a contract to provide services paid for out of the public pocket should not be protected in this manner.

Protecting the identity of the service provider goes against the public interest and may have been made available when the contract was awarded. Attempting to redact it now is a misuse of the provisions of the DPA.

I would appreciate it if you could review this request and verify that the data disposal provider was indeed trading as a sole trader, using their own identity and none of their details were made public (such as announcements in local newspapers when the contract was won) to ensure that the Data Protection Act does apply in this instance.

Alternatively, if the company name has accidentally been described as personal data, or has already been reported to the public, can you please confirm this and either release the name here or point to where this information is already available.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ou...

Yours faithfully,

Tony Walker

Freedom of Information, Scottish Borders Council

Dear Mr Walker

Further to your request for a review of the Council's response to your
initial request I can now confirm that this has now been logged and will
be heard within the next 20 working days.

 

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

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Frater, Brian, Scottish Borders Council

1 Attachment

Dear Mr Walker

 

Please find attached letter in connection with your recent FOI review
request.

 

Yours sincerely

 

Brian Frater

Head of Planning and Regulatory Services

Scottish Borders Council

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