Covert recording of staff members
Mr Hussain made this Freedom of Information request to Bradford City Council This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Bradford City Council,
Q1. Please can you look to disclose any information regarding your organisations policies/procedures or best practice guidance on restricting members of the public from coverly audio/video recording member of your staff?
Q2. Please can you look to disclose any information regarding your policies/procedures or best practice guidance on restricting members of the public from publishing said recordings in Q1 on social media platforms such as Facebook or Youtube without your recorded staff members prior consent or permission?
Yours faithfully,
Mr Hussain
Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team. We confirm that we have
received your correspondence.
If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days).
If we require further information from you before we process your request,
we will contact you directly to ask for this.
City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. If you would like further information please click
on the following link: [1]Privacy notice | Bradford Council
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Dear Mr Hussain
I refer to your request dated 17th May 2023 under the Freedom of
Information Act asking to supply the following information:
Q1. Please can you look to disclose any information regarding your
organisations policies/procedures or best practice guidance on restricting
members of the public from coverly audio/video recording member of your
staff?
Q2. Please can you look to disclose any information regarding your
policies/procedures or best practice guidance on restricting members of
the public from publishing said recordings in Q1 on social media platforms
such as Facebook or Youtube without your recorded staff members prior
consent or permission?
The Council’s response is set out below:
Q1. Your request for information has been considered by the City of
Bradford Metropolitan District Council under the Freedom of Information
Act 2000.
The information requested is exempt from release under section 21 of the
Freedom of Information Act as it is reasonably accessible in the public
domain and can be located via the following link:
The Council has granted the public some rights to overtly record some
meetings - contained in the Protocol for the Filming or Recording of
Council, Council Committee, Panel and Executive Meetings at Part 4F of its
Constitution available on the Council’s website.
https://www.bradford.gov.uk/your-council...
Please note, if you do not have access to the internet, facilities are
available for you to use at your local library.
In accordance with section 17(1) of the Freedom of Information Act, this
response acts as a refusal notice under the provisions of section 21 of
the Act.
Q2. Your request for information has been considered by the Council under
the Freedom of Information Act 2000. I can confirm that the information
requested is not held by Bradford Council and therefore, this response
acts as a refusal notice under section 17(1) of the Freedom of Information
Act in accordance with section 1(1)(a) of the Act.
Anyone wanting to covertly record Council employees and publish that
recording online should consider taking their own independent legal advice
before doing so to be satisfied they are not committing an offence or
putting themselves otherwise at risk of legal action
In accordance with the Freedom of Information Act, if you are not
satisfied with the reply to your request you can ask for an internal
review.
A request for an internal review must be submitted within 40 working days
in writing to the Corporate Information Governance Team, City of Bradford
Metropolitan District Council, City Hall, Centenary Square, Bradford, BD1
1HY or by emailing [Bradford City Council request email].
If you are still not satisfied with the outcome of the internal review you
have the right of appeal to the Information Commissioner who can be
contacted at:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF. Tel: 0303 123 1113 URL: [1]www.ico.org.uk.
City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.
To find out more on how we handle your information, please click on the
following link: [2]https://www.bradford.gov.uk/privacy-notice
Regards
Giles Whistlecraft
Information Governance Officer
Finance, IT & Procurement Service
Telephone Number: 01274 434506
City of Bradford Metropolitan District Council
Department of Corporate Resources
City Hall, Centenary Square, Bradford, BD1 1HY
This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.
References
Visible links
1. http://www.ico.org.uk/
2. https://www.bradford.gov.uk/privacy-notice
Dear Bradford City Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Covert recording of staff members'.
The question asked of you was specifically regarding the covert recording of your staff by members of the public, however, your answer of "The Council has granted the public some rights to overtly record some meetings" is completely at odds to the question put to you and is in fact an answer to an altogether different question. You have not addressed the simple and straightforward question put to you but have instead convoluted, discombobulated and equivocated in your response. Your reliance on section 21 is therefore contested as the information is not readily available on the Council's constitution regarding your staff members engaging members of the public, as you have simply failed to even understand the question asked of you. My question relates to council staff engagement with members of the public not council meets held in public.
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,
Mr Hussai
Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team. We confirm that we have
received your correspondence.
If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days).
If we require further information from you before we process your request,
we will contact you directly to ask for this.
City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. If you would like further information please click
on the following link: [1]Privacy notice | Bradford Council
THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY
This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.
References
Visible links
1. https://www.bradford.gov.uk/privacy-noti...
Dear Mr Hussain
Thank you for your request dated 5th June 2023 requesting an internal
review to the Councils response to your information request under the
Freedom of Information Act 2000.
Please note that it may take up to 20 working days allowed for disclosure
under a review to enable the Council to provide a response.
We aim to respond by 3rd July 2023.
If you have any queries regarding your review request, please do not
hesitate to contact the Corporate Information Governance Team at
[Bradford City Council request email] quoting reference no: 9797.
City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.
To find out more on how we handle your information, please click on the
following link: https://www.bradford.gov.uk/privacy-notice
Regards
Amanda Lyth
Senior Information Governance Officer
Finance, IT & Procurement Service
Telephone Number: 01274 434506
City of Bradford Metropolitan District Council
Department of Corporate Resources
City Hall, Centenary Square, Bradford, BD1 1HY
This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.
Dear Mr Hussain
Thank you for your email dated 5th June 2023 requesting an internal review
of the decision made under the Freedom of Information Act 2000, as copied
below.
Dear Bradford City Council,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Bradford City Council's
handling of my FOI request 'Covert recording of staff members'.
The question asked of you was specifically regarding the covert recording
of your staff by members of the public, however, your answer of "The
Council has granted the public some rights to overtly record some
meetings" is completely at odds to the question put to you and is in fact
an answer to an altogether different question. You have not addressed the
simple and straightforward question put to you but have instead
convoluted, discombobulated and equivocated in your response. Your
reliance on section 21 is therefore contested as the information is not
readily available on the Council's constitution regarding your staff
members engaging members of the public, as you have simply failed to even
understand the question asked of you. My question relates to council staff
engagement with members of the public not council meets held in public.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://www.whatdotheyknow.com/request/c...
Yours faithfully,
Mr Hussai
On review, we have carried out searches and enquiries within the Council
and can confirm that the Council does not hold the specific information
you have requested in response to questions 1 and 2 and that this response
acts as a refusal notice under section 17(1) of the Freedom of Information
Act in accordance with section 1(1)(a) of the Act.
If you are not satisfied with the outcome of this internal review you have
the right of appeal to the Information Commissioner who can be contacted
at: Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113. URL: www.ico.org.uk.
City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.
To find out more on how we handle your information, please click on the
following link: https://www.bradford.gov.uk/privacy-notice
Regards
Amanda Lyth
Senior Information Governance Officer
Finance, IT & Procurement Service
Telephone Number: 01274 434506
City of Bradford Metropolitan District Council
Department of Corporate Resources
City Hall, Centenary Square, Bradford, BD1 1HY
This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.
References
Visible links
1. https://www.whatdotheyknow.com/request/c...
Mr Hussain left an annotation ()
4 August 2023
Case reference number [IC-245581-M0B9]
Dear Shajad Hussain
Freedom of Information Act 2000 (FOIA)
Your FOIA request to Bradford City Council dated 17 May 2023 about its policies on the covert recording of council employees
Further to our previous correspondence, I write to inform you that your case has now been allocated to me to investigate.
I note that your complaint is that the council initially applied section 21 to information which it subsequently clarified it does not hold.
It appears that it initially mistook your request to mean recordings which were ‘overtly’ made, rather than ‘covertly’ due to a spelling error within your request. Therefore, it appears that whilst its initial response mistakenly directed you to the incorrect information, it put that right when it received your request for review because you clarified the information you actually wished to receive within your request.
This is why it is good practice for public authorities to carry out internal reviews – they can then take into account any further points or clarifications made by the requestor, and reconsider whether their first response adequately and correctly responded to the request which was made. An internal review allows the public authority the opportunity to put things right prior to a complaint being made to the Commissioner, which avoids the subsequent use of public resources, both by the authority and by the Commissioner, in investigating the issue.
Where a public authority amends its position at the internal review stage, the Commissioner will not investigate whether the authority’s initial response was correct or not, other than to recognise that, due to its initial position, an authority may not have met the time requirements for responding to request stipulated in FOIA. A further investigation into the exemption which was applied initially is not a good use of the Commissioner’s resources because the exemption is no longer being relied upon.
Additionally, such an investigation would confer no practical advantage for the complainant as, even if the complaint were upheld, the public authority could only be required to disclose information the complainant which it had already provided, or confirm that it does not hold relevant information, which it has already done. In other words, as there are no steps which we could require the council to take in relation to your request, issuing a decision notice would not therefore serve a practical purpose. It may also have a detrimental effect on the Commissioner's ability to resolve cases on an informal basis in the future.
In short, therefore, the Commissioner does not intend to investigate the application of section 21 on your case as it would provide no practical advantage to you for us to do so, and it would not be a good use of the Commissioner's resources.
We have however made a record of the fact that the council didn’t comply with the requirements of section 10 of FOIA. This is because it should have told you that it did not hold the information which you had requested within 20 days of receiving your request. If it was unsure what information you were requesting, it should have clarified this with you prior to issuing its formal response. We’ll therefore keep a record of this for the Commissioner’s on-going monitoring of compliance with FOIA by public authorities and inform the council that that is what we have done.
If you have any further questions, please contact me by telephone on 0330 4146 853, by writing to me at the address at the top of this letter, or you can email me by responding to this email or by sending a new email to icocasework@ico.org.uk. Please quote your case reference number in any letter or email.
If you do have any further questions, please contact me by 14 August 2023, after which your case will be closed.
Yours sincerely
Ian Walley
Senior Case Officer
0330 414 6853
Mr Hussain left an annotation ()
Dear Information Commissioner's Office -Senior Case Officer - Ian Walley,
In your response letter, you state the following :
"It appears that it initially mistook your request to mean recordings which were ‘overtly’ made, rather than ‘covertly’ due to a spelling error within your request. Therefore, it appears that whilst its initial response mistakenly directed you to the incorrect information, it put that right when it received your request for review because you clarified the information you actually wished to receive within your request."
Please can you explicitly point out where exactly the spelling error was in my FOI request considering the title of my request starts with the word "covert" and this template FOI request had equally been sent to various multiple other organisations without them misinterpreting the FOI request?
My FOI request can be found here, for you to direct me to and point out my purported "spelling error":
https://www.whatdotheyknow.com/request/c...
Regards Mr S. Hussain
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Mr Hussain left an annotation ()
Dear ICO - Paula Flanagan,
I write to lodge a new complaint to yourself as the Information Commissioner's Office (ICO) regarding the City of Bradford Metropolitan District Council's (CBMDC) handling of my FOI request via the WhatDoTheyKnow website. See the following
https://www.whatdotheyknow.com/request/c...
They initially claimed section 21 exemption that the information was available alternatively. Upon internal review they now claim they do not have this information. I would like the ICO to agree with me that the initial use of Section 21 exemption was wrong.
Regards Mr S. Hussain