Cardiff Bus & 2Travel

Yn disgwyl am adolygiad mewnol gan Cyngor Caerdydd o'u triniaeth o'r cais hwn.

Dear Cardiff Council,

Please supply me with copies of all emails between employees & elected representatives of Cardiff City Council & employees of Cardiff Bus that makes reference to 2 Travel bus company .

Yours faithfully,

Andrew Reeves

FOI - Resources, Cyngor Caerdydd

Dear Andrew Reeves,

Thank you for your request under the Freedom of Information Act 2000 (re your email below), received on 11th November 2013.

We are considering your request under the terms of the Freedom of Information Act, you should receive the information requested within the statutory timescale of 20 working days, unless the information is exempt or we require additional time to consider whether disclosure is in the public interest in accordance with section 10(3) of the Act.

Cardiff Council’s policy is to carry out the spirit and requirements of the Freedom of Information Act in a manner which:

- recognizes the duty to inform as the essential principle underlying the legislation;

- discloses to requesters the maximum information possible which is not injurious to the public and private interests identified in the exemptions in the Act and does so in the most timely and consistent manner given the nature and scope of the request;

- ensures that fees permitted under the Act are kept to an absolute minimum whilst safeguarding our position as a non-profit making repayment department.

The Act defines a number of exemptions which may prevent the release of information. If any exemptions apply to your information request they will be considered prior to disclosure. If any of the exemption categories do apply an explanation for non-disclosure will be included in the Decision Notice response you will receive, included in this notice will be your right to seek an internal review of our decision.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. We will keep you informed if this issue arises.

If you have any queries or concerns regarding the FOIA please do not hesitate to contact me.

You can find out more about the Act from the Information Commissioner at:

Information Commissioner's Office (Wales), 2nd Floor Churchill House, Churchill Way, Cardiff CF10 2HH

http://www.ico.gov.uk

Telephone: 029 2044 8400
Fax: 029 2044 8045
Email: [email address]

Please remember to quote the reference number above in any future communications.

Yours Sincerely

Ian White
Improvement & Information Officer
Improvement & Information Management
Swyddog Gwella a Gwybodaeth
Rheolwr Gwella a Gwybodaeth
Tel/Ffion: 029208 72615
Email/E-bost: [email address]

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Dear FOI - Resources,

Bylaw , you should have responded to my request by the 9 December .

Yours sincerely,

Andrew Reeves

FOI, Cyngor Caerdydd

1 Atodiad

 

Dear Mr Reeves

 

Please find attached a response to your Freedom of Information request.

 

Regards

 

 

Information & Improvement Team

Gwella a Gwybodaeth

Room  108  County Hall. Cardiff. CF10 4UW

Ystafell 108, Neuadd y Sir, Caerdydd.

TEL    :     029 2087 2087

Email  :    [email address]

 

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Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am
drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na
throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a
hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar
unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd
am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r
wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol
Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael
sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad
e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd
a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

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Dear Cardiff Council,

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

I am writing to request an internal review of Cardiff Council's handling of my FOI request 'Cardiff Bus & 2Travel'.

It's simply , not credible that no email exist between Cardiff Bus & officials of it's only share holder Cardiff Council , discussing a long & complex legal battle .

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

Yours faithfully,

Andrew Reeves

Gadawodd Paul Staples anodiad ()

Andrew

Council is not saying that such communications do not exist - response is neutral on that - but that if they do they are not held by the Council for the purposes of FOIA. Whether that is correct is an interesting question but you can avoid that whole issue and save time by applying direct to Cardiff Bus which is a public authority in its own right for FOI purposes.* If such communications do exist they are certainly held by Cardiff Bus.
* Which you should be able to verify from their register entry on the ICO register of data controllers - although they may have allowed their notification to lapse as there is no record of Cardiff Bus as at 14th December ...

Gadawodd Paul Staples anodiad ()

Correction - they are registered as a data controller as CARDIFF CITY TRANSPORT SERVICES LTD but have apparently not complied with s16(1)(ff) of the data Protection Act

FOI, Cyngor Caerdydd

Dear Mr Reeves

I can confirm that I have reviewed the decision in respect of this request
and I can confirm that the Council does not hold any recorded information
in respect of your request. 

I should advise not only would it be impossible to search the records of
all staff employed by the Council in line with the Section 12 cost
exemption under the Freedom of Information Act, in light of the fact that
the Council has approximately 5,000 employees with email accounts, but I
would also advise that Council officials would not hold information in
respect of this as the issue is not a Council matter.

Elected Members when acting as a Ward Member or as Council appointed
non-executive company directors of Cardiff Bus are their own data
controllers in this respect and whilst they are separate data controllers
under the Data Protection Act they are not subject to the provisions of
the Freedom of Information Act.  Any such information held by the Members
would not therefore be subject to the Freedom of Information Act.

If you remain unhappy with the Council’s response you have a right under
Section 50 of the Act to apply to the Information Commissioner.

Yours sincerely

Dave Parsons
Information Governance Manager / Prif Reolwr Llywodraethu Gwybodaeth
Cardiff Council/ Cyngor Caerdydd
Room 108 County Hall/ Atlantic Wharf/ Cardiff Bay/ Cardiff/ CF10 4UW
Ystafell 108 / Neuadd y Sir/ Glanfa Iwerydd/ Caerdydd/ CF10 4UW
Tel No/ Rhif Ffon: 02920873317

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