Balli Group, Administrators Report

The request was refused by Insolvency Service.

Dear Insolvency Service,

please could you disclose to me the report that was submitted to the Insolvency Service on 3 October 2013 by the Administrators of Balli Group Plc (02632984).

Please could you also disclose the details of any enforcement action that followed the submission of that report.

Yours faithfully,

P. John

FOI, Insolvency Service

Dear Sir/Madam

FREEDOM OF INFORMATION ACT 2000 – REFUSAL NOTICE

I refer to your email dated 21 June regarding your request for personal data held by The Insolvency Service (The Service).

An administrator's report constitutes the personal data of the individuals being reported on.

The information you have requested is therefore exempt information under section 40 of the Freedom of Information Act 2000 (FOIA) and your request is therefore refused.

Section 40(2) FOIA applies where the information sought is not the personal data of the applicant and either of the conditions in subsections 3 or 4 is satisfied.

Section 40(2) FOIA is an absolute exemption where disclosure of a third party’s personal data would breach any of the Data Protection Principles.

Subsection 3 applies, and disclosure of the personal data of the company directors to you would contravene the first Data Protection Principle. The first Data Protection Principle is defined in Part 1 of Schedule 1 of the DPA and requires that data to be processed fairly and lawfully and only processed if at least one of the conditions in Schedule 2 is met.

The disclosure of personal information about the directors to you would amount to data processing as defined by the DPA in contravention of this Principle as none of the conditions in Schedule 2 appear to apply to your request.

Section 40(5) the duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1), (2) or (3).

If you are dissatisfied with the way in which The Insolvency Service has dealt with this request you have the right to ask for a review within two months of the date of this letter. You may do this by writing to FOI/DPA Team, Technical Section, The Insolvency Service, 1 City Walk, Leeds LS11 9DA, or by email to:

[Insolvency Service request email]

If you disagree with any final decision provided by The Insolvency Service you may refer this matter to the Information Commissioner. He may be contacted at ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Generally the Information Commissioner does not accept referrals until a matter has been fully dealt with through The Insolvency Service’s own internal complaints procedure as detailed in our leaflet.

Details of the services of the Information Commissioner can be found at:

www.ico.org.uk

I enclose for your further information a link to our leaflet entitled ‘Complaints Procedure’ which provides full details of the internal procedures available to you in pursuing this matter with The Insolvency Service. This may be accessed by using the following link:

https://www.gov.uk/government/publicatio...

Sincerely

FoIA and DPA Compliance Manager | Professional Standards: FOI/DPA Team | The Insolvency Service | [email address] | 3rd Floor, 1 City Walk, Leeds, LS11 9DA | DX:14079 Leeds Park Square DX  | www.gov.uk/insolvency-service

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