FOI and Complaints Team
xxx@xxxxxxxx.xxx.xx Our Ref: Richmond/21455
Re: Request for information under the Freedom of Information Act 2000
Your request for information which was received on 25 September 2017 has been considered.
Please find our response below.
Your request:
I would like to see all emails to and from Jenny Parker to Councillor Fleming since May 2016 to
date.
Our response:
We are unable to provide the information requested as this constitutes third party
personal data.
Please see Appendix 1 for the reasoning behind not providing this information and your
right of appeal.
www.richmond.gov.uk
London Borough of Richmond upon Thames
Civic Centre, 44 York Street, Twickenham TW1 3BZ
Tel 020 8891 1411
Fax 020 8891 7703
Appendix 1
Section 40(2): Personal Information
Specifically in terms of the provisions of the Freedom of Information Act 2000 this information is
exempt under Section 40(2) as “personal data other than that of the requestor”.
The definition of personal data is set out in Section 1 of the Data Protection Act 1998 and
provides:
“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;
Such information should only be processed for specified, lawful and compatible purposes and we
do not consider this to be a compatible purpose [Principle 2].
Furthermore such information should be processed in accordance with the rights of the data
subject who would have a legitimate expectation that the information she provided would not be
disclosed to members of the public [Principle 6].
We consider that the disclosure of this information to members of the public could cause damage
or distress to the data subjects. We have given regard to condition 6 of Schedule of 2 of the DPA
which provides:
6 (1) 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.
In reaching a view we have taken account of the individual’s reasonable expectations of what
would happen to their personal data, whether disclosure would be incompatible with the purposes
for which it was obtained and whether disclosure would cause any unnecessary or unjustified
damage to the individual.
In this instance the data subjects would not have any reasonable expectation that the details
would be made public.
We have concluded that it is neither in accordance with the Data Protection Act 1998 principles
nor in the public interest to release this specific data.
In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice.
You have the right of appeal against our policy. If you wish to appeal please set out in writing
your grounds of appeal and send to:
FOI and Complaints Manager
FOI and Complaints Team
www.richmond.gov.uk
London Borough of Richmond upon Thames
Civic Centre, 44 York Street, Twickenham TW1 3BZ
Tel 020 8891 1411
Fax 020 8891 7703
3rd Floor Civic Centre
44 York Street
Twickenham
TW1 3BZ
E-mail:
xxx@xxxxxxxx.xxx.xx
If you are dissatisfied with the outcome of the internal appeal you may appeal further to the
Information Commissioner’s Office at:
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
www.ico.org.uk
www.richmond.gov.uk
London Borough of Richmond upon Thames
Civic Centre, 44 York Street, Twickenham TW1 3BZ
Tel 020 8891 1411
Fax 020 8891 7703