Dransfield Case - Documents (bundle) submitted to Tribunal

navartne made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Information Commissioner's Office.

Dear Information Commissioner’s Office,

Please provide the documents you submitted to the First-tier Tribunal as part of the Hearing Bundle for the case:

* Information Commissioner and Devon County Council vs Mr Alan Dransfield (GIA/3037/2011).

When providing the documents, kindly take steps to redact any personal information.

If you rely upon any absolute or qualified exemption(s) please list them specifically. In each instance, please provide reasoning for invoking that particular exemption, unless it’s clearly apparent.

If the documents are already publicly available please direct me to the website or paper publication. In case of the latter, please provide page numbers.

If the release of any of this information is prohibited on the grounds of breach of confidence, I ask that you supply me with copies of the confidentiality agreement and remind you that information should not be treated as confidential if such an agreement has not been signed.

I request that the response be provided to me as electronic copies, via the ‘WhatDoTheyKnow’ (WDTK) website.

I understand that you are required to respond to my request within the 20 working days after you receive this email.

Yours faithfully,

Mr navartne

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
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Tim Turner left an annotation ()

It's worth saying that information can be confidential even where a confidentiality agreement has not been signed, despite the assertion above that this is the case. For example, if I tell my GP something, it is confidential, even if there is no agreement, even if I do not assert that it is confidential.

navartne left an annotation ()

Unfortunately, I'm not falling for the GP confidentiality reference. ICO received information and GP confidentiality are so wide apart that they don't even belong in the same conversation.

Tim Turner left an annotation ()

Information received by the Information Commissioner cannot be disclosed in most cases - it's actually a criminal offence for the ICO to disclose much of the information that it has received in the course of its investigations. I'm not saying that applies here, but it's worth saying that such prohibitions on disclosure do exist.

Information Commissioner's Office

23 August 2017

 

Case Reference Number IRQ0694954

 

Dear Mr Navartne

Information request
 
I write in response to your email of 7 August 2017 in which you submitted
a request for information to the Information Commissioner’s Office (ICO).
Your request has been dealt with in accordance with the Freedom of
Information Act 2000 (FOIA).
 
Your request
 
“Please provide the documents you submitted to the First-tier Tribunal as
part of the Hearing Bundle for the case:

* Information Commissioner and Devon County Council vs Mr Alan Dransfield
(GIA/3037/2011).

When providing the documents, kindly take steps to redact any personal
information.

If you rely upon any absolute or qualified exemption(s) please list them
specifically. In each instance, please provide reasoning for invoking that
particular exemption, unless it’s clearly apparent.

If the documents are already publicly available please direct me to the
website or paper publication. In case of the latter, please provide page
numbers.

If the release of any of this information is prohibited on the grounds of
breach of confidence, I ask that you supply me with copies of the
confidentiality agreement and remind you that information should not be
treated as confidential if such an agreement has not been signed.

I request that the response be provided to me as electronic copies, via
the ‘WhatDoTheyKnow’ (WDTK) website.

I understand that you are required to respond to my request within the 20
working days after you receive this email.”
 
Our response
 
I can confirm we hold the bundle submitted to the Tribunal in respect of
the appeal reference GIA/3037/2011. I would clarify that this reference
refers to an appeal made to the Upper Tribunal, not the First-tier
Tribunal.
 
However, we find that the information you have requested is exempt
information under section 32 of the FOIA, specifically sections 32(1)(a)
and (b) which state;
 
“(1) Information held by a public authority is exempt information if it is
held only by virtue of being contained in—

(a) any document filed with, or otherwise placed in the custody of, a
court for the purposes of proceedings in a particular cause or matter,
(b) any document served upon, or by, a public authority for the purposes
of proceedings in a particular cause or matter”

This exemption is ‘absolute’, and therefore no public interest test is
necessary.

However, you can find some information about this appeal to the Upper
Tribunal which may be helpful to you via the following link:
 
[1]http://administrativeappeals.decisions.t...
 
This concludes our response to your request. I understand that this
response may be disappointing, however I hope that the explanation above
is helpful.

Review Procedure

If you are not satisfied that your request for information has been dealt
with correctly, please write to the Information Access Team at the address
below, reply directly to this email (with the reference number contained
within the square brackets left intact), or email us at
[2][ICO request email], quoting the reference number
IRQ0694954.

Your request for a review should be submitted to us within 40 working days
of receipt by you of this response.  Any such request received after this
time will only be considered at the discretion of the Commissioner.

Ultimately if you are not satisfied that your request for information has
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office in our capacity as the statutory complaint handler under the
relevant legislation.  To make such an application, please write to our
Customer Contact Team at the address below, or visit the ‘Report a
Concern’ section of our website.
 
A copy of our review procedure is available here
[3]https://ico.org.uk/media/about-the-ico/p...
 
Yours sincerely

Ian Goddard
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 01625 545823  F. 01625 524510  [4]ico.org.uk  [5]twitter.com/iconews
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The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at ico.org.uk/newsletter.

If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit ico.org.uk/email

References

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Peter Harry left an annotation ()

Mr Navartne, You may be lucky and get the bundle from a different source, --------Unredacted!!!!!!!