Data analytics usage

The request was successful.

Data Justice Lab

Dear Purbeck District Council,

We are submitting the following Freedom of Information Request for documents relating to uses of data analytics, predictive analytics, or algorithmic automated systems used for risk assessment, scoring systems or automated decision making within the jurisdiction of your authority. This could include the use of these data systems in order to draw insights from large and integrated datasets, or to influence decisions about resources, funding or service delivery. This could include, but may not be limited to, uses of predictive analytics in child welfare, health care, adult social care, fraud detection, or policing.

Specifically, we are requesting:

· Any briefing notes, reports, evaluations, or summaries concerning uses of algorithmically driven data systems. Ideally this would include information about software, hardware, operations and types of data

· Any overviews about how system outputs are produced.

· Any training manuals or materials (e.g. slides, etc.) for staff about data collection, analysis, assessment and reporting as related to the use of the systems.

. Any impact assessments

· Any data visualisation outputs connected to the systems.

· Any promotional material, presentation material, or staff educational material related to the systems.

. Any contracts relating to the systems. We argue that the release of contracts does not compromise commercial sensitivity. The full argument is provided below.*

Also, please note we are not requesting datasets or any data about individuals.

Please let us know if any information requires clarifying.

We would like to receive electronic copies of this information.

All the very best,

Data Justice Lab

Please note that we are following the Information Commissioner’s guidance on the Freedom of Information Act which specifies that requests can be made by organisations and there is no need for a named individual (pages 9-10, sections 38-39).
Source: https://ico.org.uk/media/for-organisatio...

*Addressing the commercial sensitivity question:
a) Section 20 of the Department for Communities and Local Government’s ‘Local Government Transparency Code 2015’, which encourages greater transparency in the public interest, notes:

‘The Government has not seen any evidence that publishing details about contracts entered into by local authorities would prejudice procurement exercises or the interests of commercial organisations, or breach commercial confidentiality unless specific confidentiality clauses are included in contracts. Local authorities should expect to publish details of contracts newly entered into – commercial confidentiality should not, in itself, be a reason for local authorities to not follow the provisions of this Code’.

Source: https://assets.publishing.service.gov.uk... (page 9, section 20)

b) There is always the potential for a company in any area to act in bad faith, but this should not be a reason to deny access to information about how public money is spent.

c) Contract and tendering details are provided regularly by a range of government bodies in the public interest. For example, many police and fire services release contractual information through the Bluelight database ( https://www.blpd.gov.uk/foi/foi.aspx ).

d) There may be core aspects of the systems contracted that have competitive commercial value and we appreciate that such details will be redacted from any documents released. We argue that commercial interests will not be compromised by revealing other details that may be provided in contracts or related communications with contracted companies. Details that could be released include details about the existence of a system, it's purpose, the tasks being contracted, continued relationships, general descriptions, types of data being used, how this data is shared.

FOI, Purbeck District Council

Automatic acknowledgement (from [1][Purbeck District Council request email])

 

Thank you for your information request, which will be dealt with under the
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Freedom of Information Act (FOIA)

 

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If the request will take any longer to process (eg, if we need to consult
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Please note that under the EIR, a charge may be made for supplying
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environmental information from 1 April 2016.  The Council’s Charging for
Environmental Information Policy is available to view at
[2]https://www.dorsetforyou.com/article/419...
The Council’s current Fees and Charges can be viewed at
[3]https://www.dorsetforyou.com/article/395...

 

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[4]https://www.dorsetforyou.gov.uk/dataprot....

 

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Purbeck District Council takes your privacy seriously and will only keep
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Information Act, the Environmental Information Regulations (EIR) and the
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able to process and respond to such information requests.   The full
privacy notice explaining who the Council may share that personal
information with; and how long the information may be kept can be found
here [5]https://www.dorsetforyou.gov.uk/dataprot....

 

You have certain rights with regard to your personal information, however
not all of these rights will be available to you in all situations,
particularly where the processing of your information is necessary for the
Council to carry out its duties and powers.  For more information about
your rights, please see [6]https://www.dorsetforyou.gov.uk/dataprot....

 

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Purbeck District Council, Westport House, Worgret Road, Wareham,
Dorset, UK. BH20 4PP Tel:+44 (0)1929 556561, Fax:+44 (0)1929 552688
Website: www.dorsetforyou.com/purbeck

References

Visible links
1. mailto:[Purbeck District Council request email]
2. https://www.dorsetforyou.com/article/419...
3. https://www.dorsetforyou.com/article/395...
4. https://www.dorsetforyou.gov.uk/dataprot...
5. https://www.dorsetforyou.gov.uk/dataprot...
6. https://www.dorsetforyou.gov.uk/dataprot...

purbeck@infreemation.co.uk,

Thank you for your information request. This is an automated response and
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References

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1. mailto:[Purbeck District Council request email]

Jane Hay, Purbeck District Council

Dear Data Justice Lab

 

Information Request 4543

 

Thank you for your information request dated and received on 20 July 2018
which has been dealt with under the Freedom of Information Act 2000
(FOIA).  Our response is below.

 

Your Request:

 

We are submitting the following Freedom of Information Request for
documents relating to uses of data analytics, predictive analytics, or
algorithmic automated systems used for risk assessment, scoring systems or
automated decision making within the jurisdiction of your authority. This
could include the use of these data systems in order to draw insights from
large and integrated datasets, or to influence decisions about resources,
funding or service delivery. This could include, but may not be limited
to, uses of predictive analytics in child welfare, health care, adult
social care, fraud detection, or policing.

 

Specifically, we are requesting:

 

·           Any briefing notes, reports, evaluations, or summaries
concerning uses of algorithmically driven data systems. Ideally this would
include information about software, hardware, operations and types of
data.

·           Any overviews about how system outputs are produced.

·           Any training manuals or materials (e.g. slides, etc.) for
staff about data collection, analysis, assessment and reporting as related
to the use of the systems.

·           Any impact assessments.

·           Any data visualisation outputs connected to the systems.

·           Any promotional material, presentation material, or staff
educational material related to the systems.

·           Any contracts relating to the systems. We argue that the
release of contracts does not compromise commercial sensitivity.

 

Also, please note we are not requesting datasets or any data about
individuals.

 

Our Response:

 

The Council’s various departments have been consulted on this information
request and the only relevant service is the Revenues and Benefits
Partnership (comprising Purbeck District Council, West Dorset District
Council and Weymouth & Portland Borough Council).  The employing authority
for the Partnership is West Dorset District Council.

 

We are able to provide the following information.

 

The Revenues and Benefits Partnership uses Xantura’s Risk Based
Verification (RBV) module which is embedded within the Capita Revenues and
Benefits software.  The RBV process is used for new housing benefit (HB)
and council tax support (CTS) claims only – it is not used for HB/CTS
changes in circumstances.  Xantura publishes the following detail about
this product on their website: 
[1]https://www.xantura.com/focus-areas/risk....

 

Purbeck District Council does not hold the contract with Capita.  This is
handled by Weymouth and Portland Borough Council on behalf of the Revenues
and Benefits Partnership and Purbeck District Council pays its proportion
of costs to the Partnership. 

 

The Council’s contracts register is published quarterly at
[2]https://www.dorsetforyou.gov.uk/your-cou....

 

However, we are not able to provide information about Capita’s user
documentation under FOIA Section 43(2), or any information in relation to
policy, specific operation of the software or outputs under FOIA Section
31(1)(a).  Further explanation is provided below.

 

DWP circular HB/CTB S11/2011 Section 14 specifically advises against
disclosure of information - 
[3]https://assets.publishing.service.gov.uk...

 

FOIA Section 31(1)(a) – prevention and detection of crime

 

Section 31(1)(a) covers all aspects of the prevention and detection of
crime.  In this instance, the reason for withholding this information is
because it would prejudice the Council’s position in the detection and
prevention of benefit fraud.

 

Public Interest Test

 

The FOIA requires a public interest test to be applied to this exemption. 
This means that we have to consider whether, in all the circumstances of
the case, the public interest in disclosing the information outweighs the
public interest in withholding the information (ie, maintaining the
exemption shown above).  Public interest means something that serves the
interests of the public, not something which interests the public.  The
public interest factors are summarised below.

 

Factors in favour of disclosure:

 

1.     The Council accepts that there is general public interest in the
promotion of transparency, accountability and public understanding and
involvement in public processes.  The Council has a strong record in
disclosing information where it can, and is progressively making more
information publicly available. 

 

Factors against disclosure:

 

1.     When information is disclosed, it must be considered to be
disclosed “to the world”, not just to the individual requester.  The
consequences of such disclosure must be considered, particularly where it
could be of interest to criminals.

2.     There is a strong argument, supported by case law, that there is no
public interest to be served by disclosing information which could lead to
criminal activity or anti-social behaviour.  

 

3.     If the information requested was disclosed, it could disrupt the
detection and prevention of benefit fraud which could affect both the
Partnership, its constituent councils, and the wider public including
taxpayers and other benefits claimants.  It would not be in the public
interest for benefits processing to be disrupted.

 

Conclusion:

 

Having considered the public interest factors as described above, it has
been concluded that the public interest in disclosure does not outweigh
the public interest in withholding the information and therefore the
exemption stands.  

 

FOIA Section 43(2) – prejudice to commercial interests

 

The FOIA requires a public interest test to be applied to this exemption. 
This means that we have to consider whether, in all the circumstances of
the case, the public interest in disclosing the information outweighs the
public interest in withholding the information (ie, maintaining the
exemption shown above).  Public interest means something that serves the
interests of the public, not something which interests the public.  The
public interest factors are summarised below.

 

This exemption relates to the commercial interests of any person.  A
person may be an individual, a company, a public authority or any other
legal entity.

 

A commercial interest relates to a person’s ability to participate
competitively in a commercial activity, ie, the purchase and sale of goods
or services.  The underlying aim may be to make a profit, however, it
could also be to cover costs or simply to remain solvent.  While the
essential feature of commerce is trading, information falling within this
exemption may relate only indirectly to the activity of buying and
selling. 

 

We consider that disclosure of the information requested would, or would
be likely to, harm a person’s commercial interests, including the Revenues
and Benefits Partnership, the Council, and the supplier.  We have
consulted the supplier and they do not consent to disclosure.

 

Public Interest Test

 

The legislation above also requires a public interest test to be applied
to this exemption.  This means that we have to consider whether, in all
the circumstances of the case, the public interest in disclosing the
information outweighs the public interest in withholding the information
(ie, maintaining the exemption shown above).  Public interest means
something that serves the interests of the public, not something which
interests the public.  The public interest in this case has been
considered and is summarised below.

 

Factors in favour of disclosure:

 

1.     There is general public interest in the promotion of transparency,
accountability and public understanding and involvement in public
processes and how public money is spent.  The Council has a strong record
in disclosing information where it can, and is progressively making more
information publicly available. 

 

2.     Arguments in favour of disclosure may exist in relation to
promoting competition in procurement via transparency and there is a
public interest in encouraging competition for public sector contracts.

 

Factors against disclosure:

 

1.     There is a public interest in allowing a public authority to
withhold information which, if disclosed, would reduce its ability to
negotiate or compete in a commercial environment.

 

2.     There is a public interest in ensuring that companies are able to
compete fairly.  There is also a public interest in ensuring that there is
competition for public sector contracts.  Both are important in ensuring a
strong marketplace for contracts, and both might be compromised if
sensitive commercial information is disclosed.  

 

3.     Disclosure of information may cause unwarranted reputational damage
to a public authority or another organisation whose information it holds,
which may in turn damage its commercial interests through loss of trade.

 

Conclusion:

 

Having considered the public interest factors as described above, I have
concluded that the public interest in disclosure does not outweigh the
public interest in withholding the information and therefore the exemption
stands.  

 

If you are unhappy with the way your request has been handled, you may ask
for an internal review. Please email [4][Purbeck District Council request email] or write to
the Performance & Information Officer, Chief Executive’s Department,
Purbeck District Council, Westport House, Worgret Road, Wareham, Dorset,
BH20 4PP if you wish to request a review. If you are not content with the
outcome of the internal review, you then have the right to apply directly
to the Information Commissioner for a decision. The Information
Commissioner can be contacted at: Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

The copyright in any information provided may belong to another person and
is protected under the Copyright Designs and Patents Act 1988. Although
this does not stop us from copying information to you, it means that
unless the Act allows you to copy the information, you must not copy it
without the permission of the person who owns the copyright.

Purbeck District Council takes your privacy seriously and will only keep
and use your personal information for reasons law requires or allows.  The
Council is the data controller for the personal information it holds about
you in relation to Information Requests made under the Freedom of
Information Act 2000 (FOIA), the Environmental Information Regulations
2004 (EIR) and the Data Protection Act 2018 (DPA) and we will use this
personal information to be able to process and respond to such information
requests.   The full privacy notice explaining who the Council may share
that personal information with; and how long the information may be kept
can be found here [5]https://www.dorsetforyou.gov.uk/dataprot....

 

You have certain rights with regard to your personal information, however
not all of these rights will be available to you in all situations,
particularly where the processing of your information is necessary for the
Council to carry out its duties and powers.  For more information about
your rights, please see [6]https://www.dorsetforyou.gov.uk/dataprot....

 

Yours sincerely

 

Jane Hay

Performance & Information Officer

Chief Executive’s Department

 

Purbeck District Council | Westport House | Worgret Road | Wareham |
Dorset | BH20 4PP

Switchboard:  01929 556561

Direct Line:  01929 557325

Email:  [7][email address

Website:  [8]www.dorsetforyou.com  

 

 

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