Higher tier Countryside Stewardship agreement for Mulgrave Estate, North Yorkshire.

The request was refused by Rural Payments Agency.

Dear Rural Payments Agency,

Could you please provide me with details of Mulgrave Estate’s Higher Tier Countryside Stewardship Agreement including timescales, projects completed, projects planned and public funds allocated via the Rural Payments Scheme. Thank you.

Yours faithfully, Mike Bagshaw

Information Rights Team, RPA, Rural Payments Agency

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[1][FOI #702187 email]
 
 
03 November 2020
Our ref: RFI 5637
 
 
Dear Mike Bagshaw,
 
Environmental Information Regulations – Acknowledgment
       
Thank you for your request for information on 27 October which is being
considered under the Environmental Information Regulations 2004 (EIR).
 
Please note that if our search returns any information which relates to a
third party, we may write to them to inform them of the request and ask
whether they have any objections to the disclosure of their information,
particularly as disclosures made under EIR are publicly available.
 
Before we proceed, please can you advise us if you have any objections to
this or if you are content with us to proceed with this course of action?
 
To advise; we do not disclose your details to the third party, just the
details of the information requested.
 
We normally expect to respond to requests within 20 working days.
 
If you need further information
If you have any questions about this email, you can contact us by email
[2][Rural Payments Agency request email].
 
You can find more information on how we handle personal data in our
[3]Personal Information Charter and [4]RPA Privacy notices on [5]GOV.UK
 
Yours sincerely
 
Information Rights Team

About this email
This email has been sent to you because the email address has been
provided to us. If you no longer wish to be contacted electronically,
please let us know. If you have done this recently please allow for this
to take effect. 
 
Security 
Please be on your guard against emails that request any of your security
details. We will never ask you by email to enter (or record) these
details. If you receive an email like this, you should not respond.
 
Legal
This email message is confidential and for use by the addressee only. If
the message is received by anyone other than the addressee, please delete
it from your computer. 
 
The Rural Payments Agency does not accept responsibility for changes made
to this message after it was sent. 
While all reasonable care has been taken to avoid the transmission of
viruses, it is your responsibility to ensure that onward transmission,
opening or use of this message and any attachments will not adversely
affect your systems or data. No responsibility is accepted by the Rural
Payments Agency in this regard and you should carry out appropriate virus
and other checks.

 
 
 

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Dear Information Rights Team, RPA,

Before they continue with my information request the Rural Payments Agency want to know whether I’m happy for them to contact Mulgrave Estate (a 3rd party) to see if they object ... which they will as the reason for my FOI request in the first place was the estate’s refusal to share information. Advice please.

Yours sincerely,

Mike Bagshaw

Dear Information Rights Team, RPA,

I have no objections to third parties being contacted so please continue following up my request.

Yours sincerely,

Mike Bagshaw

Information Rights Team, RPA, Rural Payments Agency

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1 December 2020
Our ref: RFI 5637
 
Dear Mr Bagshaw
 
Environmental Information Regulations – Holding Response
We do regret that the time limit for responding has exceeded the
legislative deadline, and apologise for the delay in providing you with a
full response.
Regrettably, we are not yet in a position to provide a full response to
your request for information which either provides the information or
details our reasons for not providing the information requested under one
or more of the exceptions listed in the Regulations.
 
Please be assured that your request is being reviewed and we aim to
provide a response to you as soon as possible.
 
If you need further information
If you have any questions about this email, you can contact us by email
[1][Rural Payments Agency request email].
 
You can find more information on how we handle personal data in our
[2]Personal Information Charter and [3]RPA Privacy notices on [4]GOV.UK
 
 
Yours sincerely
 
 
Information Rights Team

About this email
This email has been sent to you because the email address has been
provided to us. If you no longer wish to be contacted electronically,
please let us know. If you have done this recently please allow for this
to take effect. 
 
Security 
Please be on your guard against emails that request any of your security
details. We will never ask you by email to enter (or record) these
details. If you receive an email like this, you should not respond.
 
Legal
This email message is confidential and for use by the addressee only. If
the message is received by anyone other than the addressee, please delete
it from your computer. 
 
The Rural Payments Agency does not accept responsibility for changes made
to this message after it was sent. 
While all reasonable care has been taken to avoid the transmission of
viruses, it is your responsibility to ensure that onward transmission,
opening or use of this message and any attachments will not adversely
affect your systems or data. No responsibility is accepted by the Rural
Payments Agency in this regard and you should carry out appropriate virus
and other checks.

 
 

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2. https://www.gov.uk/government/organisati...
3. https://www.gov.uk/guidance/rpa-privacy-...
4. https://www.gov.uk/government/organisati...

Information Rights Team, RPA, Rural Payments Agency

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11 December 2020
Our ref: RFI 5637
Dear Mr Bagshaw,
Environmental Information Regulations – Information Request
We refer to your request for information dated 27 October 2020 which we
have dealt with under the Environmental Information Regulations 2004
(EIR).
Please accept our apologies for the delay in providing you with a full
response.
You have requested details of a Higher Tier Countryside Stewardship
Agreement.
The RPA can confirm that the information you have requested is held
however, following careful consideration we regret to inform you that we
are unable to divulge the information as the exception to the duty to
disclose environmental information set out in Regulation 12(3) (Personal
Information) of the EIR applies.
 
Under EIR, if the information is the personal data of a person other than
the applicant, information should not be disclosed other than in specific
circumstances set out in Regulation 13 of EIR, none of which apply here.
The RPA considers any information which could identify a living
individual, to be personal data.
 
The General Data Protection Regulations (GDPR) and Data Protection Act
(DPA) 2018 defines personal data as follows:
 
‘personal data’ means any information relating to an identified or
identifiable natural person (‘data subject’); an identifiable natural
person is one who can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, an identification number,
location data, an online identifier or to one or more factors specific to
the physical, physiological, genetic, mental, economic, cultural or social
identity of that natural person;’
 
As the information requested is the personal data of another party we
should consider whether disclosure would breach the data protection
principles at Article 5 of GDPR.
 
We consider that the first data protection principle (Article 5 1. (a) of
GDPR) would be breached if the requested information was disclosed. It
states:
 
1. Personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to
the data subject (‘lawfulness, fairness and transparency’)
 
When considering whether disclosure of information is a breach of the
above principle (a), we should first consider whether disclosure is lawful
and then whether it is fair.
 
Article 6 1. (a) of GDPR states:
 
1. Processing shall be lawful only if and to the extent that:
(a) the data subject has given consent to the processing of his or her
personal data for one or more specific purposes;
We consider that, in the absence of consent from the data subject it would
not be lawful (or fair) to disclose the requested information and the only
condition in Article 6 which could have any relevance to disclosure, is
principle (f):
 
(f) processing is necessary for the purposes of the legitimate interests
pursued by the controller or by a third party, except where such interests
are overridden by the interests or fundamental rights and freedoms of the
data subject which require protection of personal data, in particular
where the data subject is a child.
 
In this context, the legitimate interests of a third party are held to be
the legitimate interests of the public at large rather than a particular
individual. Having considered the balance between the legitimate interests
of the public at large and the rights or legitimate interests of the data
subject we do not consider that the information should be released. This
is because:
 

* There is insufficient general public interest in the level of detail
you are requesting to be released to justify the disclosure; and

 

* The data subject has not given permission to share their data with the
public at large and the data release would therefore be unfair and
incompatible with the purpose of which it was collected.

 
What you need to do
If you are not happy with the way we have handled your request, you can
ask for an internal review. These requests should be submitted in writing
within two months of the date of receipt of the response to your original
request and should be addressed to the Information Rights Team at the
Rural Payments Agency, North Gate House, 21-23 Valpy Street, Reading, RG1
1AF or alternatively email your request for a review to [1][email address]
 
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. Please note that generally the Information Commissioner cannot
make a decision unless you have first exhausted RPA’s own complaints
procedure. The Information Commissioner can be contacted at:
[2]Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.
 
If you need further information
If you have any questions about this email, you can contact us by email
[3][Rural Payments Agency request email].
 
You can find more information on how we handle personal data in our
[4]Personal Information Charter and [5]RPA Privacy notices on [6]GOV.UK
 
Yours sincerely
 
Information Rights Team
Rural Payments Agency | North Gate House | Reading | RG1 1AF
Tel: 03300 416502 | Fax: 03300 416574 | Email: [7][email address]
Follow us on Twitter @Ruralpay

About this email
This email has been sent to you because the email address has been
provided to us. If you no longer wish to be contacted electronically,
please let us know. If you have done this recently please allow for this
to take effect. 
 
Security 
Please be on your guard against emails that request any of your security
details. We will never ask you by email to enter (or record) these
details. If you receive an email like this, you should not respond.
 
Legal
This email message is confidential and for use by the addressee only. If
the message is received by anyone other than the addressee, please delete
it from your computer. 
 
The Rural Payments Agency does not accept responsibility for changes made
to this message after it was sent. 
While all reasonable care has been taken to avoid the transmission of
viruses, it is your responsibility to ensure that onward transmission,
opening or use of this message and any attachments will not adversely
affect your systems or data. No responsibility is accepted by the Rural
Payments Agency in this regard and you should carry out appropriate virus
and other checks.

 
 

show quoted sections

References

Visible links
1. mailto:[email address]
2. https://ico.org.uk/
3. mailto:[Rural Payments Agency request email]
4. https://www.gov.uk/government/organisati...
5. https://www.gov.uk/guidance/rpa-privacy-...
6. https://www.gov.uk/government/organisati...
7. mailto:[email address]