FOI Request Regarding Your Data Protection of Vulnerable People

Dear Ms R

 

FREEDOM OF INFORMATION REQUEST REF: 2009-807

 

I am writing to confirm that we received your information request on 31
December 2009. For your information and future communications your request
has been allocated the reference number FOI2009-807. Please quote this
reference in any future correspondence.

 

We will consider your request and respond in accordance with the
requirements of the Freedom of Information Act 2000. Our duty is to
respond promptly or at least within 20 working days.

 

Yours sincerely

 

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

 

Web: [1]http://www.rbkc.gov.uk

 

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Dear Ms R

 

FREEDOM OF INFORMATION ACT REQUEST REF: 2009-807

 

I am responding to your request under the Freedom of Information Act 2000,
which we received on  31 December 2009   for information held by the
Council. You requested:

 

Please send information of how you protect the Data of vulnerable people?

    

A close friend of mine was claimed to be ''severely mentally ill'' (she
suffered from a phobia) by a member of your staff, Mr.David Dyer (Special
Educational Needs Dept) and she has not received an apology, the memo was
sent all around the town hall. It has caused her much distress and harmed
her reputation, sadly.

 

Under Section 14(1) of the Freedom of Information Act, the Council has a
right to refuse a request if it judges the request to be vexatious.
Considering the wider context and history of your relationship with the
Council, we have decided that this request is vexatious.

 

It is reasonable to believe that your request is harassing the authority
and causing distress to staff. We also believe that your request is likely
to cause disruption or annoyance without any proper cause. Furthermore,
complying with the request would impose a significant burden on the
Council.

 

Since 8 December 2009, you have submitted 21 FOI requests and made 8
appeals. Many of your appeals have followed responses where we do not hold
the information requested or where we have asked for clarification of your
request. This has created a lot of unnecessary work. Your requests are
often large and/or vague. We have a duty under the Act to advise and
assist applicants when we do not understand what information you require.
However, this relies on your willingness to help us redefine your request.
You have not been willing to do so; instead you chosen to make internal
appeals believing that all information is readily available.

 

Many of your requests are hostile in nature and within several requests
you have made unsubstantiated accusations about Council staff. These are
not new allegations and you have now decided to continue your campaign
through FOI, despite the Council responding to your accusations outside of
the Act. Your requests have also been made through the ‘What Do they Know’
website and can be viewed by anyone who has access to the Internet. It is
unfair and distressing for Council staff to have unreasonable allegations
made about them in public. The Council has in the past had inflammatory
remarks by you about Council staff removed from the Internet. So you are
well aware that the Council does not tolerate this yet you continue to do
so.

 

We believe that answering this request will likely lead to further
correspondence, requests or complaints; thus imposing a significant burden
on Council resources. Your request alone is reasonable but we have decided
that it is vexatious as it forms part of a wider trend of vexatious
behaviour.

 

Copyright

 

Please note, all material provided by the Royal Borough of Kensington and
Chelsea in response to your request for information is for your personal,
non-commercial use. The Royal Borough of Kensington and Chelsea reserves
all rights in the copyright of the information provided. Any unauthorised
copying or adaptation of the information without express written
confirmation from the Royal Borough of Kensington and Chelsea will
constitute an infringement of copyright. Any intention to re-use this
information commercially will require consent. Please forward any requests
for re-use of information to the FOI officer ([1][RBKC request email]).

Complaints

Should you be unhappy with the handling of your request, the Council has
an internal complaints process for handling FOI Act complaints. Complaints
are reviewed by the Town Clerk and Chief Executive or his nominee. A form
is available from our website to lodge your complaint
[2]http://www.rbkc.gov.uk/councilanddemocra...
Please contact us if you do not have website access and we can provide you
with a copy of the form.

 

Following this review, should you still be unhappy with how your
information request has been handled, you have a further right to appeal
to the Information Commissioner who is responsible for ensuring compliance
with the FOI Act.

 

Yours sincerely

 

 

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

 

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References

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2. http://www.rbkc.gov.uk/councilanddemocra...
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