Heads of Terms agreements for Marischal Square tenants

Suzanne Kelly made this Rhyddid Gwybodaeth request to Aberdeen City Council

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Roedd y cais yn rhannol lwyddiannus.

Dear Aberdeen City Council,

As you are aware, the Information Commissioner intervened in my recent FOI request concerning ACC's relationship with Aberdeen Journals Ltd (Press & Journal, Evening Express) specifically with regard to renting space in Marischal Square.

The Information Commissioner's involvement led to the decision that when a lease is signed where public money is involved, the information is to be disclosed. In that spirit you sent me the Heads of Terms agreement for the space AJL is renting in Marischal Square.

My request is that you now send me all of the Heads of Terms agreements for those businesses, firms, entities currently occupying Marischal Square. These should be at least as complete as the HoT document I was sent for AJL, which shows eg the incentive package and rental information (space rented and rate per square foot).

Yours faithfully,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

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Access to Information Team, Aberdeen City Council, Aberdeen City Council

1 Atodiad

Reference: FOI-272861996
Date of request: 16/11/2020
Title of request: Heads of Terms Agreements for Marischal Square Tenants

Dear Suzanne Kelly,

Thank you for your completing your Freedom of Information Request.

We aim to answer all requests within 20 working days.

You will receive a response via email and an update in [1]your self-serve
account.

For information about how we handle your request please see our [2]Freedom
of Information privacy notice.

For information about your appeal rights please see [3]Freedom of
Information reviews and appeals.

Kind regards

Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience |
Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

Your personal data is very important to us. Please refer to [5]information
on why and how we use your data.

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noreply@aberdeencity.gov.uk, Aberdeen City Council

Hello, Suzanne Kelly,

Thank you for getting in touch with us.

You are invited to create an online self-service account. You can use
self-service to contact the council about a range of queries from ordering
a new bin to reporting a pothole.

The Self portal means we're available to you 24 hours a day, 7 days a
week. You can use it to track your requests, which saves you time as you
can check their progress without having to contact us.

Please use the following link to set up your account or copy and paste the
web address below into your browser:

https://aberdeen-self.achieveservice.com...

Kind Regards,
Aberdeen City Council
IMPORTANT NOTICE: This e-mail (including any attachment to it) is
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necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

Dear Aberdeen City Council,

Thank you for reiterating your previous messages that I can apply to do a FOI request online with ACC by starting an account. No, I have not changed my mind and will not be opening an account; I will exercise my right do continue to do my FOI requests via Whatdotheyknow. Thank you in advance for answering here.

Yours faithfully,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

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Gadawodd Billy Fagan anodiad ()

I think it's incredible the council are really harassing people to go via their online portal. I mean, look at this one without a single response with content yet: https://www.whatdotheyknow.com/request/f...

4 replies within a day and none of them with any content.

I mean fair enough, let people know about your service in the auto-response but leave it at that! The way it's worded it sounds a lot like they're saying you won't get a response unless you go via their preferred route. Not really putting the 'free' in freedom here.

FAO Billy Fagan - who commented on this FOI - and not for ACC

I appreciate your note on this FOI; ACC are currently asking people who want to search through their FOIs or lodge an FOI to create an account, giving over personal data. While a person has to give their name and address to do a FOI, there should be no requirement at all to hand over any data at all in order to search FOI results using the city's search engine. In fact, I have a complaint about this development with ACC and the Information Commissioner's office, and am surprised that despite this fact, I've now had it suggested to me twice that I might perhaps use the system I'm protesting instead. Very odd.

Yours faithfully,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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Foi Enquiries, Aberdeen City Council

1 Atodiad

Dear Ms Kelly,

 

Please accept our sincerest apologies that ACC has failed to respond to
your information request within the statutory 20 working days.

 

ACC is endeavouring to ensure you receive a response within the next 5
working days, but would like to take this opportunity to advise you that,
as ACC has missed the statutory deadline for responding, you are entitled
to request a review. More information about requesting a review is
included in the Further Information section, below.

 

FURTHER INFORMATION

 

If ACC has failed to respond to your information request within the
statutory 20 working days you can submit a complaint or request a review
of our response.

 

You should do this within 40 working days after receipt of this
information. To complain or request a review, you can do this from your
[1]Aberdeen City Council self service account or email
[2][Aberdeen City Council request email]

 

Your request for review must include your name, an address, and your
reason(s) for requesting a review. You should also include the reference
number for your original request for information.

 

If you are not satisfied with the outcome of your request for review, you
can apply directly to the Office of the Scottish Information Commissioner
(OSIC) for a decision. Generally, OSIC cannot make a decision unless you
have been through the Council’s review procedure. The Scottish Information
Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[3]www.itspublicknowledge.info

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

Grant Webster

Access to Information Officer

 

 

[4]ACC_Crest_for Grant Webster | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166

[5]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

[6]COVID-19

COVID-19

COVID-19

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
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virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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Dear Foi Enquiries,

Well, we didn't quite meet your scheduled 5 working day turnaround. May I now please have this information, which if your record-keeping is adequate should be easily found.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://www.aberdeencity.gov.uk/services...

Foi Enquiries, Aberdeen City Council

Dear Ms Kelly,

Thank you for your e-mail and Happy New Year to you.

Your response is sitting with our Chief Officer for approval, it will be sent to you once it is authorised.

We do apologise for delay in providing you the response and will do our best to send you the response as quickly as possible.

Kind regards

Salomeh Kheyri Rad | Access to Information Officer
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College | Business Hub 6 | 1st Floor  | Broad Street | Aberdeen | AB10 1AB
 
Dial: 01224 522166
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC

dangos adrannau a ddyfynnir

Access to Information Team, Aberdeen City Council, Aberdeen City Council

Reference: FOI-272861996
Date of request: 15/11/2020
Title of request: Heads of Terms Agreements for Marischal Square Tenants

Dear Suzanne Kelly,

Thank you for your information request. We have completed the necessary
search for the information requested and please accept our sincere
apologies for delay in providing you the response. Our response is now
detailed below.

My request is that you now send me all of the Heads of Terms agreements
for those businesses, firms, entities currently occupying Marischal
Square.  These should be at least as complete as the HoT document I was
sent for AJL, which shows eg the incentive package and rental information
(space rented and rate per square foot).

We will send you the response through our ShareFile as we are unable to
attach and send them all in here. You will receive a separate e-mail with
all the  documents attached.

Please note that third party names and personal details, as well as the
names of Officers who are below Chief Officer level have been redacted
from the attached documents. This is because we consider that this
information is excepted from disclosure.

In making this decision Aberdeen City Council considered the following
points:

We are of the opinion that Section 38(1)(b) applies to your request as the
information in question is personal information relating to living
individuals, who can be identified from it.

Further, Section 38(2)(a)(i) applies, as we consider that disclosure of
this information would be a breach of the first Data Protection Principle
(that personal information must be processed fairly and lawfully).

We handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002.

If you are dissatisfied with the way we have handled your request or the
content of it, you are entitled to ask for an appeal. You can do this from
your [1]Aberdeen City Council self service account.

For more information on your right to review, please visit [2]Freedom of
Information Review and Appeals.

We hope this helps with your request.

Kind regards

Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience |
Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

Your personal data is very important to us. Please refer to [4]information
on why and how we use your data.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://integration.aberdeencity.gov.uk/...
2. https://www.aberdeencity.gov.uk/services...
3. https://www.aberdeencity.gov.uk /
4. https://www.aberdeencity.gov.uk/your-dat...

Salomeh Kheyri Rad,

ShareFile Encrypted Email Service
Salomeh Kheyri Rad has sent you an encrypted message.
Subject: FOI-272861996 - Heads of Terms Agreements for Marischal Square
Tenants
From: Salomeh Kheyri Rad [email address]
Expires: Apr 20, 2021
 
[1]View Encrypted Message  
 
New to ShareFile? Watch your email for instructions to activate your
account before logging in.

This message is protected by state-of-the-art AES 256-bit encryption
technology.

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Dear Salomeh Kheyri Rad,

I am afraid you have sent me a link requiring me to set up a password and an account with you. I am, as your office will be aware, neither willing nor required to do so in order to access information. Send me a link that will work - there are many ways to do so eg Dropbox - that do not require me to start an account. I will be onto the Information Commissioner if you have not done this by tomorrow.

Yours sincerely,

Suzanne Kelly

Mail Delivery System,

2 Atodiad

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Dear ShareFile Support, FOI team

I am NOT OPENING AN ACCOUNT WITH YOU. you will supply that information to me today or I will bring this to the Information Commissioner's attention at 3pm. The IC is already looking at ACC's recent insistence people who want to do FOIs open accounts - this is contrary to the spirit of openness and FOI legislation.

I strongly suggest you upload to something like drop box and post a link on this thread now.

Yours sincerely,

Suzanne Kelly

Mail Delivery System,

2 Atodiad

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Gadawodd Suzanne Kelly anodiad ()

Despite my telling ACC in no uncertain terms I would not open an account with them in order to make or view FOI requests, they continuously ask me to do so. This harassment is one thing; they are now withholding their response to my FOI until I do so. They have sent me a link which can only be opened by me after I open an account with them. I have escalated. This is a restriction on who can see FOI responses, and one that is unacceptable. I do not want to leave a digital footprint of when I log into an account with ACC. I have previously asked the Scottish Information Commissioner to look into this restrictive practice and have updated them.

Foi Enquiries, Aberdeen City Council

14 Atodiad

Dear Ms Kelly,

Thank you for your information request. We have completed the necessary
search for the information requested and please accept our sincere
apologies for delay in providing you the response. Our response is now
detailed below.

My request is that you now send me all of the Heads of Terms agreements
for those businesses, firms, entities currently occupying Marischal
Square.  These should be at least as complete as the HoT document I was
sent for AJL, which shows eg the incentive package and rental information
(space rented and rate per square foot).

Please find enclosed the required documents.

Please note that third party names and personal details, as well as the
names of Officers who are below Chief Officer level have been redacted
from the attached documents. This is because we consider that this
information is excepted from disclosure.

In making this decision Aberdeen City Council considered the following
points:

We are of the opinion that Section 38(1)(b) applies to your request as the
information in question is personal information relating to living
individuals, who can be identified from it.

Further, Section 38(2)(a)(i) applies, as we consider that disclosure of
this information would be a breach of the first Data Protection Principle
(that personal information must be processed fairly and lawfully).

Please note that we do not hold the Heads of Terms for Toni Macaroni,
therefore, we are sending you their full lease contract along with the
singed minute of variation.

We are unable to provide you with information on Heads of Terms Agreement
for Toni Macaroni as it is not held by ACC.  In order to comply with our
obligations under the terms of Section 17 of the FOISA, we hereby give
notice that this information is not held by us. 

We handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002.

If you are dissatisfied with the way we have handled your request or the
content of it, you are entitled to ask for an appeal. You can do this from
your [1]Aberdeen City Council self service account.

For more information on your right to review, please visit [2]Freedom of
Information Review and Appeals.

We hope this helps with your request.

[3]ACC_Crest_for Access to Information Team
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://integration.aberdeencity.gov.uk/...
2. https://www.aberdeencity.gov.uk/services...
4. http://www.aberdeencity.gov.uk/

ShareFile Support,

You have requested a new activation link to the account for Aberdeen
City Council.
Activating your account will allow you to create your password. This
link is unique to you and must be used within the next 31 minutes.
[1]Activate Account
Trouble with the above link? You can copy and paste the following URL
into your web browser:
[2]https://aberdeencitycouncil.sharefile.eu...

ShareFile is a tool for sending, receiving, and organizing your
business files online. It can be used as a password-protected area
for sharing information with clients and partners, and it's an easy
way to send files that are too large to e-mail.

Powered By Citrix ShareFile 2021

References

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1. https://aberdeencitycouncil.sharefile.eu...
2. https://aberdeencitycouncil.sharefile.eu...

Dear ShareFile Support,

Well, you got there. When in an email to me you said the files were too large for you to send, I didn't' think they would total less than c 50 pages as they do.

I hope we have established that no one should be forced to open an account with ACC in order to see FOI requests or make them.

When time permits please look at the Tony Macaroni lease - it should be re-scanned and sent; it is illegible in places.

Yours sincerely,

Suzanne Kelly

Mail Delivery System,

2 Atodiad

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