Communications between LB Waltham Forest and Civica Election Services (CES) regarding the regeneration ballot at Avenue Road

Paul Burnham made this Freedom of Information request to Waltham Forest Borough Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Dear Waltham Forest Borough Council,

Please release all communications between LB Waltham Forest and the ballot administrator Civica Election Services (CES) regarding the running of the regeneration ballot at Avenue Road Estate, including the aftermath of the ballot.

Please include all media: Email, WhatsApp, Teams Meetings, and any others.; and all attached documents.

Yours faithfully,

Paul Burnham

Waltham Forest Council, Waltham Forest Borough Council

Dear Paul Burnham

Thank you for your recent request for information. Your request has been
received and we are dealing with it under the terms of the Freedom of
Information Act (2000), and in line with the Council's policy and
protocols.

In some circumstances a fee may be payable and if that is the case, we
will let you know. If a fee is applicable, we will ask you to pay it
before we proceed with your request.

If you have any queries about this message, please email us
at: [1][email address] or write to us at:

The Information Officer

The London Borough of Waltham Forest
Town Hall Complex
Forest Road
London
E17 4JF

Please remember to quote the reference number above in any future
communications.

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[email address]?subject=FOI%20Query

Information Officer, Waltham Forest Borough Council

Dear Mr Paul Burnham,

 

Unfortunately, the FOI which you submitted does not fall under the Freedom
of Information Act, so we have now closed this FOI and you will have to
resubmit this request under the Data Protection Act as a Subject Access
Request. 

 

To help submit your request as a Subject Access Request, please use the
links below and review the evidence required to provide this information.

[1]https://www.walthamforest.gov.uk/council...

[2]https://www.walthamforest.gov.uk/council...

[3]https://www.walthamforest.gov.uk/council...

 

Kind regards,

 

Information Officer

London Borough of Waltham Forest

Fellowship Square

Forest Road

E17 4JF

[4][Waltham Forest Borough Council request email]

[5]www.walthamforest.gov.uk

 

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. Any information
contained in this email or in attachments to this email that relates to an
identified or identifiable living individual is subject to the provisions
of the Data Protection Act 2018 (DPA 2018). The intended recipient of this
email, together with any attachments therein must process (as defined by
the General Data Protection Regulation) the information in accordance with
the DPA 2018.’ E-mail may be corrupted or altered during or after
transmission. We accept no responsibility for changes made to this e-mail
after it was sent. Whilst we take reasonable steps to identify software
viruses, any attachments to this email may contain viruses which our
anti-virus software has failed to identify. No liability is accepted for
such viruses, and we therefore recommend that you carry out your own
anti-virus checks before opening any attachments. Information contained in
this e-mail may be subject to public disclosure under the Freedom of
Information Act 2000 or the Environmental Information Regulations 2004.

References

Visible links
1. https://www.walthamforest.gov.uk/council...
https://www.walthamforest.gov.uk/council...
2. https://www.walthamforest.gov.uk/council...
3. https://www.walthamforest.gov.uk/council...
4. mailto:[Waltham Forest Borough Council request email]
5. http://www.walthamforest.gov.uk/

London Borough of Waltham Forest, Waltham Forest Borough Council

Dear Paul Burnham

I am writing in response to your request for information under the Freedom
of Information Act 2000 (‘FOIA’), which we received on 28/01/2022.

The wording of your request was as follows: 

Communications - WF and Civica Election Services (CES) Regeneration ballot
- Avenue Road

Please release all communications between LB Waltham Forest and the ballot
administrator Civica Election Services (CES) regarding the running of the
regeneration ballot at Avenue Road Estate, including the aftermath of the
ballot.

Please include all media: Email, WhatsApp, Teams Meetings, and any
others.; and all attached documents.

I can confirm that the Council holds information of the type you have
requested. The Council considers that disclosing this may lead to the
identification of the individuals, so as to amount to ‘personal data’
under the General Data Protection Regulation 2016/679 (the GDPR), read
with the Data Protection Act, 2018 (DPA).

Exemption: Section 40(2) FOIA

As you may be aware, section 40(2) of FOIA precludes disclosure of
information where it would lead to the identification of a third party,
whose information is subject to the provisions of the DPA. The DPA governs
the processing of personal data and defines personal data as data that
relates to a living identifiable individual (the ‘data subject’) who can
be identified from the data, or from the data and other information, which
is in the possession of or is likely to come into the possession of, the
data controller.

Section 40(2) of FOIA provides that wherever an application for personal
data is made by someone other than the data subject, the information to
which it relates is exempt from disclosure under the Act where to do so
would contravene one of the data protection principles or the right to
prevent processing likely to cause damage or distress.

The first data protection principle under Article 5(a) of the GDPR is that
“personal data shall be processed lawfully, fairly and in a transparent
manner in relation to the data subject.” In particular, what is fair and
lawful focuses upon what the reasonable expectation of a person would be
in relation to how their information is used and to whom it may be
disclosed.

Your interests in the personal data being requested must therefore be
balanced against the interests of the ‘data subject’ in the information
not being disclosed. There is no presumption in favour of disclosure of
personal data under FOIA. My view is that the data subject has a
legitimate interest that their personal data will remain private and would
potentially cause harm to the individuals if disclosed into the public
domain.

The disclosure would be unwarranted and contrary to the first data
protection principle. As the data subject has no expectation of public
disclosure, for these reasons, disclosure will not be fair and lawful.

While I recognise a strong public interest in favour of openness and
transparency by the Council, this does not override other considerations
as mentioned above, in particular the expectation of privacy by the data
subjects and the need to avoid causing damage or distress to individuals
in making the disclosure.

Under the FOIA, you have the right to complain about the Council’s
response to your request for information. If you wish to pursue such a
complaint, please do so within 28 days from the date of this letter and
ask for a review of the Council’s decision.  You can make your complaint
to [1][Waltham Forest Borough Council request email] or log it online via
[2]https://www.walthamforest.gov.uk/content...
Please mark your request clearly as “Request for Review”.

If after receiving a response to the review, you remain dissatisfied with
the Council’s response, you have the right to appeal to the Information
Commissioner.  Further information can be found at
[3]https://ico.org.uk/make-a-complaint/

Yours sincerely

Information Officer

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[Waltham Forest Borough Council request email]
2. https://www.walthamforest.gov.uk/content...
3. https://ico.org.uk/make-a-complaint/

Dear Waltham Forest Borough Council,

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

I am writing to request an internal review of Waltham Forest Borough Council's handling of my FOI request 'Communications between LB Waltham Forest and Civica Election Services (CES) regarding the regeneration ballot at Avenue Road'.

You have advised me that the Council holds information of the type I have requested, however the Council considers that disclosing this may lead to the identification of individuals, so as to amount to ‘personal data’ under the General Data Protection Regulation 2016/679 (the GDPR), read with the Data Protection Act, 2018 (DPA); and that therefore exemption: Section 40(2) FOIA applies.

I disagree with the above argument, because I have not requested and do not require any personal information to be disclosed. You may redact the names and personal details of individuals, and still release the information requested. There is a strong public interest in disclosing the substance of the material requested, and I suggest that you release the material in compliance with the FOI, while also protecting the identity of individuals in the usual manner.

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

I would be grateful if you could provide me with a timetable for your response to this internal review request.

Yours faithfully,

Paul Burnham

Waltham Forest Council, Waltham Forest Borough Council

Dear Paul Burnham

Thank you for your recent request for information. Your request has been
received and we are dealing with it under the terms of the Freedom of
Information Act (2000), and in line with the Council's policy and
protocols.

In some circumstances a fee may be payable and if that is the case, we
will let you know. If a fee is applicable, we will ask you to pay it
before we proceed with your request.

If you have any queries about this message, please email us
at: [1][email address] or write to us at:

The Information Officer

The London Borough of Waltham Forest
Town Hall Complex
Forest Road
London
E17 4JF

Please remember to quote the reference number above in any future
communications.

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[email address]?subject=FOI%20Query

Waltham Forest Council, Waltham Forest Borough Council

Dear Paul Burnham

Thank you for your recent request for information.

I am pleased to advise that the Council has completed its search for the
information you asked for on 31/01/2022 about Internal Review of
FOI396782804 - Communications - Waltham Forest and Civica Election
Services (CES) regarding the regeneration ballot at Avenue Road.

The information supplied has been provided by the department responsible
for the service delivery.

The information we are giving you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. However, please be aware that any other
re-use of the information, for example commercial publication, would
require the permission of the copyright holder.

We acknowledge your request for an internal review of FOI396782804 This
has been registered with reference CU397480588

Please ignore this new FOI reference number, FOI397395697 as it was logged
in error.

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please e-mail us
at:[1][email address] or write to us at:

The London Borough of Waltham Forest
The Information Officer
Town Hall Complex
Forest Road
London
E17 4JA

Please remember to quote the reference number FOI397395697 in any future
communications.

If you remain dissatisfied after the review is completed, you will have
the right to complain to the Information Commissioner (ICO).  Information
about this will be given to you when we respond to the review. 
Information about the work of the ICO can be found at
[2]https://ico.org.uk/

Kind regards,
The Information Officer

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[email address]
2. https://ico.org.uk/

London Borough of Waltham Forest, Waltham Forest Borough Council

Dear Paul Burnham,

Your reference number is CU397480588.

Thank you for submission via the Contact Us form.

We acknowledge receipt of your complaint which will be considered under
Stage 1 of the Council’s Corporate Complaints Procedure. This has been
passed on to the appropriate Service for investigation and response.

The Council will respond to you within 20 working days from the date of
receipt, in accordance with our complaints procedure.

Should you require any additional information regarding the Council's
complaint process, please visit the Complaints Page on our
[1]www.walthamforest.gov.uk/content/complaints

All new complaints will initially be dealt with at Stage 1 of our
procedure.

You can check the progress of your issue by logging in to your
[2]MyAccount.

Yours sincerely,
Waltham Forest Council

This email address is not monitored. Please do not reply to this email.

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. http://www.walthamforest.gov.uk/content/...
2. https://portal.walthamforest.gov.uk/NewM...

Paul Burnham left an annotation ()

Normally no later than 24 February 2022

Waltham Forest Council, Waltham Forest Borough Council

Dear Paul Burnham

Thank you for your recent request for information. Your request has been
received and we are dealing with it under the terms of the Freedom of
Information Act (2000), and in line with the Council's policy and
protocols.

In some circumstances a fee may be payable and if that is the case, we
will let you know. If a fee is applicable, we will ask you to pay it
before we proceed with your request.

If you have any queries about this message, please email us
at: [1][email address] or write to us at:

The Information Officer

The London Borough of Waltham Forest
Town Hall Complex
Forest Road
London
E17 4JF

Please remember to quote the reference number above in any future
communications.

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[email address]?subject=FOI%20Query

Paul Burnham left an annotation ()

No later than 24 February 2022

London Borough of Waltham Forest, Waltham Forest Borough Council

1 Attachment

Dear Paul Burnham,

We have responded to your case with reference number CU397480588.

Please find attached the Council's response to your request that it
reviews its response to your FOI request.

Yours sincerely,
Waltham Forest Council

This email address is not monitored. Please do not reply to this email.

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

Waltham Forest Council, Waltham Forest Borough Council

Dear Paul Burnham

Thank you for your recent request for information.

I am pleased to advise that the Council has completed its search for the
information you asked for on 24/02/2022 about FOI Request - Waltham Forest
and Civica Election Services (CES) regarding the regeneration ballot at
Avenue Road.

The information supplied has been provided by the department responsible
for the service delivery.

The information we are giving you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. However, please be aware that any other
re-use of the information, for example commercial publication, would
require the permission of the copyright holder.

all information has been provided through email address.

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please e-mail us
at:[1][email address] or write to us at:

The London Borough of Waltham Forest
The Information Officer
Town Hall Complex
Forest Road
London
E17 4JA

Please remember to quote the reference number FOI399877251 in any future
communications.

If you remain dissatisfied after the review is completed, you will have
the right to complain to the Information Commissioner (ICO).  Information
about this will be given to you when we respond to the review. 
Information about the work of the ICO can be found at
[2]https://ico.org.uk/

Kind regards,
The Information Officer

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. E-mail may be
corrupted or altered during or after transmission. We accept no
responsibility for changes made to this e-mail after it was sent. Whilst
we take reasonable steps to identify software viruses, any attachments to
this email may contain viruses which our anti-virus software has failed to
identify. No liability is accepted for such viruses, and we therefore
recommend that you carry out your own anti-virus checks before opening any
attachments. Information contained in this e-mail may be subject to public
disclosure under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004.

References

Visible links
1. mailto:[email address]
2. https://ico.org.uk/

Nadia Camporese, Waltham Forest Borough Council

35 Attachments

Dear Mr Burnham,

 

Please see above response to your FOI enquiry.

 

If you require any further information please forward to
[1][email address]

 

 

Regards

 

 

Nadia Camporese

 

PA to  Lorna Lee |Asst Director, Culture and Heritage Service |Economic
Growth

PA to Meera  Kumar l Director of Housing Regeneration

PA to James Briggs I Interim Director of Housing Delivery, Client Side

 

London Borough of Waltham Forest

Tel: 0208 496 3000 Ext: 4361

Email: [2][email address]

 

 

 

 

 

 

 

CONFIDENTIALITY NOTICE: The information contained in this e-mail is
intended only for the addressee(s). It may contain privileged and
confidential information and, if you are not the intended recipient, you
must not read, copy or distribute it, nor take any action in reliance upon
it. If you have received this e-mail in error, please inform the sender as
soon as possible and delete the e-mail from your computer. Any information
contained in this email or in attachments to this email that relates to an
identified or identifiable living individual is subject to the provisions
of the Data Protection Act 2018 (DPA 2018). The intended recipient of this
email, together with any attachments therein must process (as defined by
the General Data Protection Regulation) the information in accordance with
the DPA 2018.’ E-mail may be corrupted or altered during or after
transmission. We accept no responsibility for changes made to this e-mail
after it was sent. Whilst we take reasonable steps to identify software
viruses, any attachments to this email may contain viruses which our
anti-virus software has failed to identify. No liability is accepted for
such viruses, and we therefore recommend that you carry out your own
anti-virus checks before opening any attachments. Information contained in
this e-mail may be subject to public disclosure under the Freedom of
Information Act 2000 or the Environmental Information Regulations 2004.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]