Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywJenna Corderoy mewngofnodwch a gadael i bawb wybod.

Council tax arrears

Jenna Corderoy made this Rhyddid Gwybodaeth request to City of Edinburgh Council as part of a batch sent to 101 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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Dear City of Edinburgh Council,

This is a request for information under the Freedom of Information Act.

I would like to know if any serving councillors have council tax arrears. For each serving councillor that has council tax arrears, please provide the following information:

- The name of the serving councillor
- The total amount that they owe [and then, if possible, please provide a breakdown of that figure of how much they owe by financial year]
- If held, the reasons why the serving councillor has council tax arrears
- The action taken by the council to pursue the individual and the outcome

I would like to receive the information electronically. If you feel that a substantive response to this request is not possible within a reasonable time frame, or the request is too broad or too vague, I would be grateful if you could contact me and provide assistance as to how I could refine the request. Many thanks.

Yours faithfully,

Jenna Corderoy

City of Edinburgh Council

Ms Jenna Corderoy

Date: 05/09/2017

Our ref: 16145

Dear Ms Corderoy

Acknowledgement of Request

Subject: Council tax arrears

Thank you for your request for information received on 04/09/2017. I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Information Rights Officer 2, City of Edinburgh Council

Ms Jenna Corderoy

 

[FOI #428879 email]

 

Date: 02/10/2017

 

Our ref: 16145

 

Dear Ms Corderoy

 

Freedom of Information (Scotland) Act 2002 - Refusal Notice

 

Subject: Council tax arrears

 

Thank you for your request for information 04/09/2017 where you asked the
following;

 

I would like to know if any serving councillors have council tax arrears.
For each serving councillor that has council tax arrears, please provide
the following information:

 

1 - The name of the serving councillor

2 - The total amount that they owe [and then, if possible, please provide
a breakdown of that figure of how much they owe by financial year]

3 - If held, the reasons why the serving councillor has council tax
arrears

4 - The action taken by the council to pursue the individual and the
outcome

 

Your request has been processed and considered under the Freedom of
Information (Scotland) Act 2002 and in response to points 1, 2 and 4, the
information you have requested will not be released. At the time of your
request, one councillor was in arrears of council tax. This account has
now been fully settled and no amount is outstanding.

 

Under the terms of the legislation, a request for information can be
refused where one or more exemptions listed in the legislation apply. In
this instance, the Council is claiming the following exemption(s) to the
information that you have requested: section 38(1)(b) (read in conjunction
with section 38(2)(a)(i)) of FOISA. This states that information is exempt
information if it constitutes personal data, and that the disclosure of
the information to a member of the public, otherwise than under the Data
Protection Act 1998, would contravene any of the data protection
principles.

 

Therefore, personal data cannot be released to a third party where to do
so would breach any of the “data protection principles” as set out in the
Data Protection Act 1998.

 

Is the information ‘personal data’?

 

Section 1(1) of the Data Protection Act 1998 (the DPA) states:

 

““personal data” means data which relate to a living individual who can be
identified -

 

(a) from those data, or

(b) from those data and other information which is in the possession of,
or is likely to come into the possession of, the data controller,

 

and 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 the individual”

 

It is clear that the information requested relates to living individuals
(i.e. the councillor concerned) and that the individual can be identified
from the information.

 

Accordingly, we believe that the information does constitute personal
data.

 

Would disclosure breach any of the data protection principles?

 

The second test under section 38(2) is whether the disclosure of the
information would breach any of the data protection principles. The first
data protection principle states:

 

“Personal data shall be processed fairly and lawfully and, in particular,
shall not be processed unless –

               

(a) at least one of the conditions in Schedule 2 is met, and

(b) in the case of sensitive personal data, at least one of the conditions
in Schedule 3 is also met.”

 

In this context, ‘processing’ is construed broadly and includes disclosure
of the information requested.  As the information withheld meets the
definition of personal data, it can only be disclosed if to do so would be
both fair and lawful, and in accordance with the conditions in Schedule 2
of the DPA. 

 

Schedule 2 conditions

In this instance, the sixth condition is the only potentially relevant
condition from Schedule 2.  The condition states:

 

“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.”

 

To ensure that this condition is met, we are required to balance your
interests in having access to the information against the privacy
interests of the third party.

 

We acknowledge that members of the public expect certain standards from
their elected councillors and there is a public interest in disclosing
information that shows when those councillors fall below those standards.
However, the arrears have been settled in full and therefore, any impact
on the councillor’s ability to act in an official capacity is no longer a
factor. Consequently, I consider that any information relating to council
tax payments is the councillor’s personal information, and that the data
protection considerations, as set out above, override any public interest
in this instance.

 

Please note that this constitutes a formal refusal notice under section 16
of the Freedom of Information (Scotland) Act 2002 in regard to any
personal information which we have not disclosed.

 

3. If held, the reasons why the serving councillor has council tax arrears

 

Unfortunately, we are unable to provide you with the information requested
because it is not held by the Council. Please note that this constitutes a
notice under section 17 of the Freedom of Information (Scotland) Act 2002.

 

To promote transparency and accountability, please note it is the
Council’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through the Council’s website and will not include your personal
details. The disclosure log is available at the following link:
http://www.edinburgh.gov.uk/homepage/175...

 

Your right to seek a review

 

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the:

 

Head of Strategy & Insight 

The City of Edinburgh Council

Waverley Court Business Centre 2:1

4, East Market Street

Edinburgh

EH8 8BG or,

Email: [email address]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please quote
the reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website: www.itspublicknowledge.info/Appeal

Email: [email address]

 

Yours sincerely

 

 

Sue Brown

Information Rights Officer

 

 

 

 

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340

[Edinburgh City Council request email] www.edinburgh.gov.uk

 

 

dangos adrannau a ddyfynnir

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywJenna Corderoy mewngofnodwch a gadael i bawb wybod.