Your request under the Freedom of Information Act 2000

Case Reference: 101001582970

Dear Mr Leahy

Thank you for your email 19th September 2013.

It will be treated as a request within the meaning of the Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it.

If we need any further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact me. It would be helpful if you could quote the log number 1582970.

Yours sincerely

Scott Robertson
FOI Unit

Solutions Team

Cheshire West and Chester Council

dangos adrannau a ddyfynnir

Dear K Leahy

 

Further to your Freedom of Information request, Log Number 1582970.  I can
confirm that the Council holds information relating to your request. 
Please find attached the information requested. Please note that we have
excluded details of any properties owned by private individuals from this
list under Section 40 (2) of the Freedom of Information Act.   Section 40
(2) of the Act states that information is exempt from disclosure if it
constitutes the personal data of a third party and its disclosure under
the Act would breach any of the data Protection principles or section 10
of the Data Protection Act (DPA). Blank rows within the spreadsheet
indicate where personal data has been redacted.

 

The Council considers that the information is exempt from disclosure under
subsection 40 (2) for the following reasons:

 

1.    The requested information is the personal data of a third party,
namely the individual. The definition of personal data is taken from
Section 1 of the DPA.

 

It is the Council’s view that: -

 

•         Disclosing the data would be unfair to the individual concerned,

 

•         Disclosure is considered incompatible with the purpose for which
the information was gathered.

 

2.    The Data Protection Act Principles - the council considers that
disclosure will contravene the first data protection principle, which
states that “ 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.”

 

The Council considers that disclosure will be unfair, as the requested
information held in relation to the individual was not intended for wider
public disclosure.

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction.    Where applicable, the Council has
also told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Solutions Team within
40 working days from the date of the Council’s response.  You are entitled
to a review by the Council if:

 

•             You are dissatisfied with the Council’s explanation of why
the application was not dealt with within the 20 working day time limit.

•             All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

•             A reason for the disclosures under the request being refused
is not received.

•             You consider that exemptions have been wrongly applied,
and/or

•             You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking.  The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Solutions Team can be contacted by email via: 
[1][Cheshire West and Chester Council request email] or at the following address:

 

Solutions Team

Cheshire West and Chester Council

HQ

58 Nicholas Street

Chester

CH1 2NP

 

The Solutions Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:
[2]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [3]www.ico.gov.uk

 

There is no charge for making an appeal.

 

 

Caroline Timms

Solutions Assistant - Solutions Team

Cheshire West and Chester Council

 

dangos adrannau a ddyfynnir