Authorising motorsport events

The request was partially successful.

Dear Powys County Council,

I would like all the information that relates to the county councils cabinet report on authorising motorsport events.

Yours faithfully,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen

Thank you for your request, having made an initial assessment we require some clarification.

Please could you clarify which cabinet report you are referring to and what information is required.

We will be placing your request on hold until we hear back from you.

Yours sincerely

The Information Compliance Team

show quoted sections

Dear Information Compliance,

The report that went to Cabinet in March 2020 about authorising motorsport events. I would like all correspondence and information that relating to this report. Not the correspondence going back to 2012 when the previous policy was written.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

 

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

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

Our ref / Ein cyf: 2020-1008F

Date / Dyddiad: 07/01/2021

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

 

Dear Mr Cohen

 

Thank you for your request for information, received at this office on
06/01/21, in which you requested details of the following:

 

2020-1008F - Motorsport Events - Cabinet Reports

 

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 05/02/21.

 

Please be advised that the Council is still delivering services in
response to the ongoing Coronavirus pandemic and operating under its
Business Continuity Plan and as such these may impact on the Council’s
ability to deliver it’s information request functions as the Council
recovers from changes to working practices and re-deployment of staff etc.
We will make every effort to respond in a timely manner but your
information request may take longer than the prescribed timeframes within
the legislation for which we apologise in advance.

 

 

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,

 

Information Compliance Team

 

 

We keep your details safe and we have updated our privacy notice in line
with the requirements set out in General Data Protection Regulations. We
will only ever use the details you share with us to enable us to undertake
our statutory obligations. You can find out more by looking on our web
site. [2]https://en.powys.gov.uk/privacy

 

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. https://en.powys.gov.uk/privacy

Information Compliance, Powys County Council

6 Attachments

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

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: 2020-1008

Date / Dyddiad: 12/02/2021

Dear Mr Cohen

 

Thank you for your request for information dated 07/01/2021 concerning
motorsport events.

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

 

Request:

 

I would like all the information that relates to the county councils
cabinet report on authorising motorsport events.

 

Clarification –

 

The report that went to Cabinet in March 2020 about authorising motorsport
events. I would like all correspondence and information that relating to
this report. Not the correspondence going back to 2012 when the previous
policy was written.

 

Response:

Please see the attached documents.

 

Where redactions have been made this is because some of the information is
considered to be personal data and as such engages Section 40(2) of the
Freedom of Information Act 2000.

 

Some parts of the information that you have requested have not been
provided or have been redacted as it is subject to Legal Professional
Privilege and as such is exempt under Section 42 of the Freedom of
Information Act 2000. This is confidential information that was made
between a client and a 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 a public interest in transparency and
accountability particularly where it relates to ensuring a public
authority operates 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 legal advisor 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. This limited public interest
does not outweigh the strong public interest in protecting communications
that are intended to be confidential.

 

The public Cabinet report can be found through the following link under
item 6 -
[2]https://powys.moderngov.co.uk/ieListDocu...

 

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.

Parts of the information you requested are being withheld because it falls
under the exemption in section 40 (2) and section 42 of the Freedom of
Information Act 2000.

 

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 have to assess whether the
information relates to living individuals, whether an individual can be
identified from the information requested and whether it is biographically
significant.

 

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. The data subjects referenced
would not have a reasonable expectation that their names would be released
to the public, such a disclosure may breach Article 5 1(a) of The General
Data Protection Regulations and Section 40(2) of The Freedom of
Information Act would therefore be engaged. Section 40 of the FOI Act
allows a public authority to withhold information from a response to a
request under the FOIA when the information requested is personal data
relating to someone other than the requestor.

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.

 

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.

 

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.

 

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: 0330 414 6421

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://powys.moderngov.co.uk/ieListDocu...
3. http://www.opsi.gov.uk/advice/crown-copy...
4. mailto:[email address]
5. http://www.ico.org.uk/