Operation Gleam

The request was refused by Powys County Council.

matthew hargreaves

Dear Powys County Council,

Further to my request

I would be graetful if you could publish all emails from Clive Jones to Ken Yorston on 21st July 2014 that are related to the instigation of legal proceedings against myself in relation to Operation Gleam.

I note you have now answered that question.

I would be grateful if you could clarify did Ken Yorsten receive any emails in relation to myself on the 21st July 2014?

Yours faithfully,

matthew hargreaves

Information Compliance (CSP - Generic), Powys County Council

 

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      
 
Email/Llythyru electronig:
  [1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0742

Date / Dyddiad:   17/07/18

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

Reference No: F2018/0742

 

Dear Mr Hargreaves,

 

Thank you for your request for information, received at this office on 
16/07/2018, in which you requested details of the following:

 

Operation Gleam

 

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

The due date for responding to this request for information is 13/08/2018.

 

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Flo Buckle

Information Compliance Officer

 

show quoted sections

References

Visible links
1. mailto:[Powys County Council request email]

Information Compliance (CSP - Generic), Powys County Council

1 Attachment

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Acting Director: Resources
Neuadd Y Sir / County Hall
Mark Evans
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf:  F2018-0742

Date / Dyddiad:   30/07/2018

 

Reference No: F2018-0742

 

 

Dear Mr Hargreaves,

 

Thank you for your request for information dated 16/07/2018 concerning
Operation Gleam.

 

This is to inform you that your request has been considered and I can
provide the following response:

 

The Request:

 

In regards to Operation Gleam.

 

I would be grateful if you could clarify did Ken Yorsten receive any
emails in relation to myself (Matthew Hargreaves) on the 21st July 2014?

 

The Response:

 

Yes

 

 

We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

 

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

 

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner.

 

The copyright of most of the information that we provide in response to
Freedom of Information Act requests will be owned by Powys County Council.
The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.

 

For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.

[2]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Compliance. Our complaints procedure is available on request or on our
website.

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

 

Information Commissioner's Office

2nd floor

Churchill House

Churchill way

Cardiff

CF10 2HH

Tel: 029 2067 8400

Email: [3][email address]

[4]www.ico.org.uk

 

 

[5]Footer_banner[1]

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.opsi.gov.uk/advice/crown-copy...
3. mailto:[email address]
4. http://www.ico.org.uk/

matthew hargreaves

Dear Powys County Council,

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

I am writing to request an internal review of Powys County Council's handling of my FOI request 'Operation Gleam'.

I have asked for emails sent to Ken Yorston on the 21st of July regarding myself. I have received a reply that an email or email exists. i would like this email disclosed.

Judge Harris Jenkisn has ordered that all emails should be disclosed.

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

Yours faithfully,

matthew hargreaves

Information Compliance (CSP - Generic), Powys County Council

 

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Acting Director: Resources
Neuadd Y Sir / County Hall
Mark Evans
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Email/Llythyru electronig:
  [1][email address]

  Our ref / Ein cyf:  F2018-0832

Date / Dyddiad:   06/08/18

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

Reference No: F2018/0832

 

Dear, Mr. Hargreaves

 

Thank you for your request for information, received at this office on 
03/08/2018, in which you requested details of the following:

 

Operation Gleam Email Disclosure

 

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

The due date for responding to this request for information is 17/08/2018.

 

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Joe Wozencraft

 

Information Compliance Officer

 

 

show quoted sections

References

Visible links
1. mailto:[email address]

Information Compliance (CSP - Generic), Powys County Council

2 Attachments

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Acting Director: Resources
Neuadd Y Sir / County Hall
Mark Evans
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf:  F2018-0832

Date / Dyddiad:   18/09/2018

 

Reference No: F2018-0832

 

 

Dear Mr Hargreaves

 

Thank you for your request for information dated 3/8/18 concerning
Operation Gleam

 

This is to inform you that your request has been considered and I can
provide the following response:

 

The Request:

 

I have asked for emails sent to Ken Yorston on the 21st of July regarding
myself. I  have received a reply that an email or email exists. i would
like this email disclosed.

 

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

 

The Response:

Please find attached the email requested.

 

Please note that some information has been redacted as it is the personal
data of an individual and as such is exempt if it  is either personal data
of a third party or of the individual making the request.

 

The attachments to the emails have not been included as this information
is legally privileged and as such an exemption applies.

 

Section 17 of the Freedom of Information Act 2000 requires Powys County
Council, when refusing to provide such information (because the
information is exempt) to provide you the applicant with a notice which:

(a)  states that fact;

(b)  specifies the exemption in question and

(c)  states (if that would not otherwise be apparent) why the exemption
applies.

In this instance the relevant exemption is Section 40 (1) of the Freedom
of Information Act.

Section 40: Personal information -

(1)  Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
data subject.

Section 40 (2) applies to third party personal data.

 

This would not be released under the Freedom of Information Act unless
there is strong public interest to do so. This is because any release
would breach the Data Protection Principles as contained within the
General Data Protection Regulations.  Information released under the
Freedom of Information is considered to be released into the public
domain, without caveat, not just to the individual requesting the
information. We believe that information relating to identifiable
individuals constitutes their personal data and if released would
contravene the first data protection principle.  The first principle of
the General Data Protection Regulations states in part that: “Personal
data shall be processed “lawfully, fairly and in a transparent manner in
relation to data subjects” and, in particular, shall not be processed
unless at least one of the conditions in Article 6 is met, and in the case
of sensitive personal data, at least one of the conditions in Article 9 is
also met”. 

 

We are obliged to comply with the first principle where we are required to
‘handle people’s personal data only in ways they would reasonable expect’.
It is reasonable in these circumstances that the identity of the
individuals and the information relating to them would not be disclosed in
response to a Freedom of Information request.

 

Section 42: Legal Professional Privilege -

(1) Information in respect of which a claim to legal professional
privilege or,

(2) The duty to confirm or deny does not arise if, or to the extent that,
compliance with section 1(1) (a) would involve the disclosure of any
information (whether or not already recorded) in respect of which such a
claim could be maintained in legal proceedings.

 

Section 42 covers communication that, at the time it was made, was
confidential; was made between a client and professional legal advisers
acting in their professional capacity; and was made for the sole or
dominant purpose of obtaining legal advice.  The information will have
been shared with a small number of Council officers and members on a
need-to-know basis, therefore the information has not been widely
publicised or shared and as such remains confidential.

 

We accept that there is an inherent public interest in transparency and
accountability particularly where it relates to ensuring a public
authorities operate effectively.  However, there is an underlying
importance of maintaining the principle behind Legal Professional
Privilege in order to safeguard the confidentiality of communications
between a client and his or her lawyer to ensure access to full and frank
legal advice.

 

It is in the public interest that the Council is able to seek legal
advice, in confidence and disclosure could prejudice the Council’s ability
to protect and defend its legal position.

In accordance with Sections 40(1), 40(2) & 42 of the Freedom of
Information Act 2000 we are unable to provide you with the details you
have requested.

 

We regret the delay you have experienced with this request. We acknowledge
that Powys County Council has failed in its obligation under the Freedom
of Information Act 2000, to provide you with a response to your request
within the statutory timescale of 20 working days. Please accept our
apologies for this and for any inconvenience this may have caused.

 

We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

 

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

 

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner.

 

The copyright of most of the information that we provide in response to
Freedom of Information Act requests will be owned by Powys County Council.
The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.

 

For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.

[3]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Compliance. Our complaints procedure is available on request or on our
website.

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

 

Information Commissioner's Office

2nd floor

Churchill House

Churchill way

Cardiff

CF10 2HH

Tel: 029 2067 8400

Email: [4][email address]

[5]www.ico.org.uk

 

 

[6]Footer_banner[1]

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. https://www.whatdotheyknow.com/request/o...
3. http://www.opsi.gov.uk/advice/crown-copy...
4. mailto:[email address]
5. http://www.ico.org.uk/