The Response From West Lothian:

Dear Geoff,

Freedom of Information (Scotland) Act 2002- Request for Information

FOI Ref No. 101002508316 - Bathgate WiFi

I acknowledge your request dated 13/02/2011 relating to Bathgate WiFi

Dear West Lothian Council,

At a Swindon Borough Council Scrutiny Committee meeting on the 7/2/2011 a Swindon Borough Councillor stated that the Council, (Swindon), or a member of the council, or other person acting on the members/councils behalf, had recently submitted a freedom of information request to West Lothian Council in relation to members of the public who may have contacted West Lothian Council in relation to Digital City (UK) Ltd and the Bathgate WiFi scheme.

Specifically, I understand that members of Swindon Borough Council, or other individuals acting on their behalf, are seeking to determine the identities of correspondents who have contacted West Lothian Council in relation to Digital City (UK) Ltd and its recent involvement with the Bathgate WiFi scheme.

My Freedom of information request is as follows:

1.

Has West Lothian Council received any requests, (either freedom of information requests or enquiries by other means), for copies of correspondence between members of the public and West Lothian Council concerning Digital City (UK) Ltd and the Bathgate WiFi scheme?

West Lothian Council received a Freedom of Information Request relating to correspondence between Chris Watts, Geoff Reid, Des Morgan, Steve Wakefield and the council concerning Digital City (UK) Ltd and the Bathgate WiFi scheme on 11/02/2011.

2.

If such requests have been made, who made them?

I have not disclosed the names or addresses of those who have made such requests. I consider that information to be “personal data” in terms of the Data Protection Acts since an individual can be identified from that information. I also consider that to release that information would be a breach of the first Data Protection Principle, requiring fair and lawful processing.

I therefore have concluded that the exemption in section 38(1)(a) and (2) of the 2002 Act applies and that this information does not require to be disclosed. In terms of section 2 of the Act that exemption is an “absolute exemption”, and so I do not have to consider the “public interest test”.

3.

Please supply copies of any requests received.

Dear Sir,

Please could you supply me with details of any contacts from the following individuals and any councillor or officer at West Lothain Council with regard to a borough wide wi-fi project or Digital City Uk or Rikki Hunt between 1st September 2010 and 31st January 2011. This should request covers any written or email communications, particularly the time and date, and any transcripts or recordings if you have them.

The individuals are:

Chris Watts
Geoff Reid
Des Morgan
Steve Wakefield

4.

If such requests have been answered, who answered them?

Andrew Cotton, Information Liaison Officer, West Lothian Council

5.

If such requests have been answered please supply copies of the answers.

The answer was as follows:

West Lothian Council has not received any communications from the individuals named above relating to the Bathgate Wi-Fi project.

6.

Will West Lothian Council publish or release the names and addresses of members of the public who correspond with it, if such information is requested by another council, member of another council or member of the public?

This is not a request for information so does not fall under the scope of the Freedom of Information (Scotland) Act 2002.

Thank you.
Yours faithfully,
Geoff Reid

I hope this satisfies your request, but should you require any further information, please do not hesitate to contact me.