Clarification of Document Released under FOI re Open Data

Response to this request is delayed. By law, Aberdeen City Council should normally have responded promptly and by (details)

Dear Aberdeen City Council,

As part of the partial response to this FOI request: https://www.whatdotheyknow.com/request/o...
you released on 17 October, "FOI 17 1347 Action Note Redacted.pdf" - see:
https://www.whatdotheyknow.com/request/4...

Please provide the following further information in relation to this Action note:

a) (i)For what person (if lower than HOS then job title otherwise name), group, meeting, or session was this note prepared?
(i) For each action who (job title if lower than HOS) was tasked with carrying out each action.

b) The third action dated 27 July 2017 reads:
"Immediate Review required whether Open Data project fits with Digital Strategy priorities for next 18mths and any contractual implications:
‐ check with erdf funding to make sure we are not obligated
‐ ask legal to check we do not have any liabilities
‐ involve comms to identify potential comm issues
‐ draft a letter to send to dundee" with a completion date of 31st-July to 11 August 2017

i)Please provide a copy of the outcome of that review.
(ii) Please provide a copy of the letter to Dundee.

c) The fourth action is completely redacted. Why is that, since it cannot be only names - as it would not be an action. What was that 4th action? Why has it been completely redacted?

d) The fifth action reads "Update [redacted] on review implications to ensure appropriate comms are in place to manage decisions" with a completion date of 3rd and 10th August 2017. (i) For whom was this prepared (job title if below HOS, otherwise name)
(ii)Please provide a copy of that update.

Yours faithfully,

Ian Watt

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Watt,

 

Information enquiry reference FOI-17-1539.

 

Thank you for your recent request for information, which we received on 23
October 2017.   

 

The scheduled date for our response to your request for information is on
or before 20 November 2017.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

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References

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Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Watt,

 

Thank you for your information request of 23 October 2017.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

Please provide the following further information in relation to this
Action note:

 

a) (i)For what person (if lower than HOS then job title otherwise name),
group, meeting, or session was this note prepared?

The Action note was created in order to brief an interim consultant within
ACC.

 

ACC is unable to provide you with information on For what person (if lower
than HOS then job title otherwise name), group, meeting, or session was
this note prepared as it is exempt from disclosure.  In order to comply
with its obligations under the terms of Section 16 of the FOISA, ACC
hereby gives notice that we are refusing your request under the terms of
Section 38(1)(b) in conjunction with 38(2)(a)(i) ¨C Personal Information -
of the FOISA.

 

In making this decision ACC considered the following points:

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as the information in question is personal information
relating to living individuals, of which the applicant is not the data
subject.

 

ACC is of the opinion that Section 38(2)(a)(i) applies, as we consider
that disclosure of this information would be a breach of the first Data
Protection Principle (that personal information must be processed fairly
and lawfully). Consent to disclose this information has not been received
from these individuals and ACC does not consider that they would expect
ACC to release this information about them into the public domain under
the FOISA.

 

(i) For each action who (job title if lower than HOS) was tasked with
carrying out each action.

For each action, the officers tasked are below Head of Service level. ACC
has concerns that releasing the job titles of the officers listed will
lead to the identification of those officers, especially to their current
and/or former colleagues.

  

ACC is unable to provide you with information on who (job title if lower
than HOS) was tasked with carrying out each action as it is exempt from
disclosure.  In order to comply with its obligations under the terms of
Section 16 of the FOISA, ACC hereby gives notice that we are refusing your
request under the terms of Section 38(1)(b) in conjunction with
38(2)(a)(i) ¨C Personal Information - of the FOISA.

 

In making this decision ACC considered the following points:

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as the information in question is personal information
relating to living individuals, of which the applicant is not the data
subject.

 

ACC is of the opinion that Section 38(2)(a)(i) applies, as we consider
that disclosure of this information would be a breach of the first Data
Protection Principle (that personal information must be processed fairly
and lawfully). Consent to disclose this information has not been received
from these individuals and ACC does not consider that they would expect
ACC to release this information about them into the public domain under
the FOISA.

 

b) The third action dated 27 July 2017 reads:

"Immediate Review required whether Open Data project fits with Digital
Strategy priorities for next 18mths and any contractual implications:

©\ check with erdf funding to make sure we are not obligated ©\ ask legal
to check we do not have any liabilities ©\ involve comms to identify
potential comm issues ©\ draft a letter to send to dundee"  with a
completion date of 31st-July to 11 August 2017

 

i)Please provide a copy of the outcome of that review.

There is no review outcome.

 

The ¡®immediate review¡¯ referred to in this action note of 27 July 2017
was superseded by subsequent discussions around the future of the project
within the context of the wider Health-check of all IT related projects.

 

On 23 August 2017, a [1]framework was approved by Full Council that set
out a new targeting operating model for Aberdeen City Council. All ongoing
projects and commitments are being examined to ensure that resource is
targeted at transformation projects that can deliver modern delivery of
services within a climate of reduced finances and increasing demand. 

 

Aberdeen City Council has now begun implementation of the Transformation
Change and Portfolio framework that underpins an integral part of the
Target Operating Model. Full details of this, including the Digital
Strategy Programme update are [2]publicly available and provide a
breakdown of current prioritised activities and principles governing all
future programmes of work.

 

ACC is unable to provide you with information on a copy of the outcome of
that review as it is not held by ACC.  In order to comply with its
obligations under the terms of Section 17 of the FOISA, ACC hereby gives
notice that this information is not held by it.

 

(ii) Please provide a copy of the letter to Dundee.

A letter was never sent to Dundee. A telephone conversation explaining the
situation was had with the Programme Management Office at Glasgow City
Council.

 

ACC is unable to provide you with information on a copy of the letter to
Dundee as it is not held by ACC.  In order to comply with its obligations
under the terms of Section 17 of the FOISA, ACC hereby gives notice that
this information is not held by it.

 

c) The fourth action is completely redacted. Why is that, since it cannot
be only names - as it would not be an action. What was that 4th action?
Why has it been completely redacted?

As advised in our response to you, personal details were removed from the
Action Note prior to release into the public domain. This is because ACC
considered that, if released, the information would lead to the
identification of a third party. In relation to that Action, it was
considered that the Action itself, in the way it was worded, would lead to
the identification of a member of staff, especially to their current and
former colleagues. On this basis, it was felt to be exempt from release
under Section 38(1)(b) in conjunction with 38(2)(a)(i).

 

d) The fifth action reads "Update  [redacted] on review implications to
ensure appropriate comms are in place to manage decisions" with a
completion date of 3rd and 10th August 2017.

 

(i) For whom was this prepared (job title if below HOS, otherwise name)

This was a verbal update to an interim consultant within ACC.

 

ACC is unable to provide you with information on whom was this prepared
(job title if below HOS, otherwise name) as it is exempt from disclosure. 
In order to comply with its obligations under the terms of Section 16 of
the FOISA, ACC hereby gives notice that we are refusing your request under
the terms of Section 38(1)(b) in conjunction with 38(2)(a)(i) ¨C Personal
Information - of the FOISA.

 

In making this decision ACC considered the following points:

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as the information in question is personal information
relating to living individuals, of which the applicant is not the data
subject.

 

ACC is of the opinion that Section 38(2)(a)(i) applies, as we consider
that disclosure of this information would be a breach of the first Data
Protection Principle (that personal information must be processed fairly
and lawfully). Consent to disclose this information has not been received
from these individuals and ACC does not consider that they would expect
ACC to release this information about them into the public domain under
the FOISA.

 

(ii)Please provide a copy of that update.

This was a verbal update. 

 

ACC is unable to provide you with information on a copy of that update as
it is not held by ACC.  In order to comply with its obligations under the
terms of Section 17 of the FOISA, ACC hereby gives notice that this
information is not held by it.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[3][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ¡®free minutes¡¯ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[4]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://acc.service-now.com/nav_to.do?ur...
2. file:///C:\Users\gwebster\AppData\Local\Microsoft\Windows\Temporary%20Internet%20Files\Content.Outlook\JXNPN2EP\There%20is%20no%20specific%20Open%20Data%20project%20review,%20however,%20there%20has%20been%20discussion%20around%20the%20future%20of%20the%20project%20within%20the%20context%20of%20the%20wider%20Health-check%20of%20all%20IT%20related%20projects.%20On%20August%2023rd%202017,%20a%20framework%20was%20approved%20by%20Full%20Council%20that%20sets%20out%20a%20new%20targeting%20operating%20model%20for%20Aberdeen%20City%20Council.%20All%20ongoing%20projects%20and%20commitments%20are%20being%20examined%20to%20ensure%20that%20resource%20is%20targeted%20at%20transformation%20projects%20that%20can%20deliver%20modern%20delivery%20of%20services%20within%20a%20climate%20of%20reduced%20finances%20and%20increasing%20demand.
3. mailto:[Aberdeen City Council request email]
4. http://www.aberdeencity.gov.uk/

Dear Aberdeen City Council,

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

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Clarification of Document Released under FOI re Open Data'.

This specifically relates to this part of the request:

c) The fourth action is completely redacted. Why is that, since it cannot
be only names - as it would not be an action. What was that 4th action?
Why has it been completely redacted?

The response to that request was unsatisfactory. It does not explain how an entire action could be redacted rather than specific names or job titles. Redacting names or titles would leave other words unaffected.

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

Yours faithfully,

Ian Watt

Foi Enquiries, Aberdeen City Council

Dear Mr Watt

 

Thank you for your request for a review, received on 20 November 2017, to
reconsider the information request FOI-17-1539 – Open Data Action Note
with regards to the response to part c).

 

If required, a Review Panel will be convened by Aberdeen City Council
(ACC) to give a fair and impartial decision. The Review Panel will consist
of individuals who have not handled the original request and will consider
the matter afresh.

 

The outcome of the Review will be relayed to you on or before 19 December
2017.

 

Please do not hesitate to get in touch if you have any queries relating to
the review.

 

Yours sincerely

 

Anna Buchan

Information Compliance Officer

 

On behalf of the Review Panel Clerk

 

FURTHER INFORMATION

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[1]www.itspublicknowledge.info 

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice.  When applying to OSIC for a
decision you should give your name and address for correspondence.  Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application.  Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable.  You will
receive written notice of the outcome of the Commissioner’s decision.

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[2][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[3]www.aberdeencity.gov.uk

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://www.itspublicknowledge.info/
2. mailto:[Aberdeen City Council request email]
3. http://www.aberdeencity.gov.uk/

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