Dear Colchester Borough Council,

Could you please provide me with list of those with FOI requests of a equal or higher amount than Mr Jeremy Hagon.

Yours faithfully,
K. Barry

Info, Colchester Borough Council

Dear Requester

Thank you for your request which has been logged under reference 346690.

For full details of the Freedom of Information Act, the Environmental Information Regulations, how a request is dealt with and related information please visit http://www.ico.org.uk .

Yours sincerely

Mike Fawcett
Information and Project Officer
Colchester Borough Council
Telephone: 01206 508793
Textphone users dial 18001 followed by the full number that you wish to call.
www.colchester.gov.uk

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Mike Fawcett, Colchester Borough Council

Dear Mr Barry

I am now able to respond to your Freedom of Information request logged on 20th November under reference 346690.

Individuals may choose to make requests for information publicly, for example through a website or social media, or by other means such as email or letter. Information regarding requests made publicly will be available through the channels the requester originally used and will therefore be exempted from release by Section 21 of the Freedom of Information Act 2000. Where a request is not made publicly, although the information requested is deemed to be published to the World, the identity of the requester remains personal information and is therefore exempted from release by Section 40 (2) of the Freedom of Information Act 2000.

If the same individual were to make requests both publicly and privately, their identity would constitute personal information in relation to any requests not published by them. A public body cannot therefore publish the number of requests made by any named individual or a comparison of the numbers submitted by a named individual against others. Nor can it disclose whether or not any individual who has made requests publicly has also made unpublished requests.

The Act requires the public interest to be taken into account and in this instance it rests with ensuring that anyone can ask for information held on record by a public body to be published while not being obliged to make public their identity if they do not wish to do so. Publishing the identity of requesters, or statistics relative to named individuals, might deter people generally from requesting information.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to: Mr Andrew Weavers, Monitoring Officer, Colchester Borough Council, Rowan House, 33 Sheepen Road, Colchester, CO3 3WG; email [email address] .

Yours sincerely

Mike Fawcett
Information and Project Officer
Colchester Borough Council

Tel: 01206 508793
Textphone users dial 18001 followed by the full number that you wish to call.
www.colchester.gov.uk

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Dear Mike Fawcett,
So you're informing me you cannot legally give me this information, yet Tim Young , deputy leader of Colchester Council can request this information and then go to the press and publish information regarding identity of FOI requesters. Either you are wrong or Tim has broke legal precedent at worst or has misused his power as a council official at best. Which is it?

Yours sincerely,

Kevin Barry

Mike Fawcett, Colchester Borough Council

Dear Mr Barry

Thank you for your request for an internal review of our decision regarding your request reference 346690.

Please send any further emails concerning the review to [Colchester Borough Council request email] .

We will contact you again as soon as the review is completed.

Yours sincerely

Mike Fawcett
Information and Project Officer
Colchester Borough Council

Tel: 01206 508793
Textphone users dial 18001 followed by the full number that you wish to call.
www.colchester.gov.uk

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Andrew Weavers, Colchester Borough Council

Dear Mr Barry

 

Further to your email of 18 December requesting a review of the Council’s
response to your freedom of information request dated 18 December ,having
considered your request and the exclusions applied in our response, I am
satisfied that the identity of persons making requests using Freedom of
Information legislation constitutes personal information which would be
excluded from release by Section 40(2) of the Freedom of Information Act
2000.   Where a request has not been made publicly, releasing personal
information relating to the requester would contravene Principle 2 of
Schedule 1 Part I of the Data Protection Act 1998.

 

The Act requires the public interest to be considered.  Anyone submitting
a request privately, by ordinary email or letter, would not do so in the
expectation that personal information relating to them would made public
and could be discouraged from making their request by the suggestion that
their expectation of privacy might not be met. 

 

The requests referred to by Cllr. Young were made using the website
Whatdotheyknow.com and details of them, including the name used by the
requester, are available to anyone with access to the internet. 

 

I therefore conclude that the use of the exemption in Section 40(2) is
appropriate in the case of requests which are not made publicly.  However,
where anyone has chosen to make requests through a medium where the
identity they use, the full text of the request and any responses are
automatically published on the internet, then the requester must be said
to have placed those details in the public domain.

 

Insofar as personal information has been intentionally placed in the
public domain by the person concerned and remains publically accessible,
further discussion of the published information cannot constitute a breach
of the Data Protection Act.

 

If you are dissatisfied with the outcome of this review you may raise a
concern with the Information Commissioner’s Office at
[1]https://ico.org.uk/concerns

 

or by writing to:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely

 

Andrew Weavers

Strategic Governance Manager

Colchester Borough Council

Tel: 01206 282213

[2]www.colchester.gov.uk

 

 

The information in this email, and any attachments to it, is solely for
the use of the intended recipient(s). If you should not have received it
you must not take any action based upon it, or forward, copy or show it to
anyone; please tell the sender you have received the email in error, then
permanently delete it and any attachments. Any views or opinions expressed
are solely those of the author and do not necessarily represent those of
Colchester Borough Council. Although the Council has taken reasonable
precautions to ensure no viruses are present in this email, the Council
cannot accept responsibility for any loss or damage arising from the use
of this email or attachments.

References

Visible links
1. https://ico.org.uk/concerns
2. http://www.colchester.gov.uk/

Dear Andrew Weavers,
Unfortunately that response is not good enough as
1. You have said in other correspondence with others that Mr Young was acting in an official role, so therefore in an official role he is not entitled to release information not legally available through an FOI request.
2. Cllr Young stated he requested council employees to find this information thus used council resources and didnt himself check on a public website.
I believe the way this is handled is irresponsible and stinks of a cover up and therefore will be contacting relevant authorities for an investigation of council behaviour unless this is dealt with in a manner the public would expect.

Yours sincerely,

Kevin Barry

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