We don't know whether the most recent response to this request contains information or not – if you are Mark Brophy please sign in and let everyone know.

Health and safety assessments applicable to contamination and public health at Prince's Parade

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Dear Folkestone & Hythe District Council,

I would like to request access to the health and safety risk assessments concerning the Prince's Parade development especially in relation to airborne contamination which could be released as part of the test pits being drilled and disturbance of the site. There is currently work being undertaken alongside the Battery Point play area and I have been informed risk assessments have been undertaken. As the work is current and I am very concerned at the risk it may pose, please could you handle my request with expediency.

Yours faithfully,

Mark Brophy

Information Governance, Folkestone & Hythe District Council

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

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References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Dear Folkestone & Hythe District Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Folkestone & Hythe District Council's handling of my FOI request 'Health and safety assessments applicable to contamination and public health at Prince's Parade'.

I am not happy with the length of time this request is taking. I have been informed via email that health and safety assessments have been undertaken so I see no justifiable reason why the information I have requested is taking this amount of time. Apart from a holding response I have received no information. Meanwhile, work continues on Prince's Parade and I believe the community and workers to be at risk from contamination released as a result of the work being undertaken.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

Mark Brophy

Information Governance, Folkestone & Hythe District Council

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

ref:_00D1tqGSL._5002o34ovNF:ref

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Information Officer Case Management, Folkestone & Hythe District Council

Dear Mr Brophy

Thank you for your message requesting an internal review of your FOI
request (Our ref: 92268). Since you have requested an internal review
before the statutory deadline of 20 working days has expired, we are
unable to consider your internal review request until the statutory
deadline has been breached.

Should you not receive a response by the time of the statutory deadline
has been reached, you may submit a request for an internal review at that
stage.

Yours sincerely

Information Officer
Folkestone & Hythe District Council,
Civic Centre, Castle Hill Avenue,
Folkestone, Kent. CT20 2QY.
information.officer@@folkestone-hythe.gov.uk

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Information Officer Case Management, Folkestone & Hythe District Council

 
Dear Mark Brophy,
 
I am writing in respect of your information access enquiry
dated the 17/06/2022.  This request is being handled under the
Environmental Information Regulations 2004.

 

We reasonably consider that the complexity and/or volume of the
information requested means that it is impracticable either to comply
with the request within the initial 20 working day period or to make
a decision to refuse to do so.

 

I am therefore writing to inform you that in accordance with
regulation 7(1) we intend to issue you with this notice of extension
and provide a formal response by the 11th August 2022.

 

Should you require any further information in the meantime, or if you
are not satisfied with our response, please do not hesitate to
contact me. You may also request an internal review by writing to the
following address: [1][email address]

 

Following this, if you are not satisfied with the internal review
response you may apply to the [2]Information Commissioner for an
independent review at the following address: [3][email address]

 

Kind regards,

Information Governance

Case Management (Corporate Services)
Folkestone & Hythe District Council

Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY.
Email: [4][Folkestone & Hythe District Council request email]
Website: [5]Home | [6]FOI and Data | [7]Privacy

Follow us on [8]Twitter and [9]Facebook 
 
 
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References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/
3. mailto:[email address]
4. mailto:[Folkestone & Hythe District Council request email]
5. http://www.folkestone-hythe.gov.uk/
6. https://www.folkestone-hythe.gov.uk/your...
7. https://www.folkestone-hythe.gov.uk/priv...
8. http://www.twitter.com/shepwaydc
http://www.twitter.com/shepwaydc
9. http://www.facebook.com/shepwaydistrictc...
http://www.facebook.com/shepwaydistrictc...

Information Officer Case Management, Folkestone & Hythe District Council

1 Attachment

 
Dear Mark Brophy,

 

I am writing in respect of your information access enquiry dated
the 17/06/2022. This request has been handled under the Freedom of
Information Act 2000. 

 

I can confirm that the Council holds some of the information you
requested. The Council has determined to withhold that information in
part since we consider that Section 40(2) applies to it. The
exemption is set out below:

 

═════════════════════════════════════════════════════════════════════

 

S40(2) – Personal Information of a 3^rd party

 

Exempted information relates to full names and job titles of
individual employees of a 3rd party contractor.

 

In considering the release of this information, the Council has had
reference to the data protection principles contained within Article
4 of the GDPR.

 

In considering whether to release this information, the Council has
conducted a legitimate interest balancing exercise, accounting for
the proportionality of release when weighed against the rights and
freedoms of the data subjects.

 

We have concluded that to release the above information would
infringe the first data protection principle, as to do so would not
be fair, lawful or transparent.

Please find attached, therefore, a redacted version of the
information you've requested; with the above information withheld.

The team have provided further context that the works didn't include
any drilling on site, and so they aren't able to comment on this. The
Risk Assessment document attached covers a range of potential risks,
including that of airborne contamination.

 

═════════════════════════════════════════════════════════════════════

 

The contents of this request are subject to re-use under the terms of
the [1]Open Government Licence unless otherwise specified.
Publications relying on this data must be attributed accordingly.
Where released materials are subject to 3^rd party copyright or
intellectual property rights, rights to attribution and re-use remain
vested in the holder.

 

Personal data disclosed in conjunction with an information access
request is provided in compliance with the Council’s legal
obligations. This disclosure does not provide consent for direct
marketing under the Privacy and Electronic Communications Regulations
(PECR), and should not be construed as such.

 

Should you require any further information, or if you are not
satisfied with our response, please do not hesitate to contact me.
You may also request an internal review by writing to the following
address: [2][email address]

 

Following this, if you are not satisfied with the internal review
response you may apply to the [3]Information Commissioner for an
independent review at the following address: [4][email address]

 

Kind regards,

Information Governance

Case Management (Corporate Services)
Folkestone & Hythe District Council

Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY.
Email: [5][Folkestone & Hythe District Council request email]
Website: [6]Home | [7]FOI and Data | [8]Privacy
Follow us on [9]Twitter and [10]Facebook

 ar XXXXXX,

 

I am writing in respect of your information access enquiry dated
the XXXXXXXX. This request has been handled under the Freedom of
Information Act 2000. 

 

I can confirm that the Council holds XXXXXX of the information you
requested. The Council has determined to withhold that information in
XXXXXXX since we consider that Section 40(2) applies to it. The
exemption is set out below:

 

═════════════════════════════════════════════════════════════════════

 

S40(2) – Personal Information of a 3^rd party [compact]

 

Exempted information relates to:

 

Brief description of the information or categories of information
that has been exempted (if a partial refusal).

 

In considering the release of this information, the Council has had
reference to the data protection principles contained within Article
4 of the GDPR.

 

In considering whether to release this information, the Council has
conducted a legitimate interest balancing exercise, accounting for
the proportionality of release when weighed against the rights and
freedoms of the data subjects.

 

We have concluded that to release the above information would
infringe the first data protection principle, as to do so would not
be fair, lawful or transparent.

 

or

 

s40(2) - Personal Information of a 3^rd party [extended]

 

Exempted information relates to:

 

Brief description of the information or categories of information
that has been exempted (if a partial refusal).

 

Section 40(2) provides an exemption for information that is the
personal data of an individual other than the requester and where the
disclosure of that personal data would be in breach of any of the
data protection principles. Personal data is defined in Article
4(1)(1) of the General Data Protection Regulations.

 

We consider that to release the withheld information would be in
breach of GDPR’s Article 5(1)(a), “processed lawfully, fairly and in
a transparent manner in relation to the data subject (‘lawfulness,
fairness and transparency’). The withheld data is considered to be
the personal data/sensitive personal data of a 3^rd party.

 

The withheld information relates to describe elements of the request
that have been exempted.

 

Lawful basis for processing:

In order for the processing of personal data to be lawful, a data
controller must have a lawful basis for processing, as defined by
GDPR’s Article 6 (and Article 9 for sensitive personal data).

 

In respect of the s40(2) exemption, there are two lawful bases that
are considered relevant for personal data:

 

1)    Consent of the subject.

2)    Legitimate interests of the requester.

 

[If sensitive personal data] The withheld personal data relates to
sensitive personal data. This also requires that a separate lawful
basis be engaged from GDPR’s Article 9. The relevant bases are:

 

1)    Explicit consent of the subject.

2)    The data having already been made public by the subject.

 

[If personal data only] s40 does not permit the use of the ‘legal
obligation’ lawful basis unless there is a non-FOI legislative
requirement to disclose the requested information.

 

There is no such obligation in this case. Due to this, the Council
considers that disclosure must be considered under ‘legitimate
interest’ in the absence of consent from the subject.

 

[if sensitive personal data] In the absence of explicit consent from
the subject to disclose the requested data, or the prior publication
of that data, the Council has determined that to release this
information would be unlawful.

 

In light of the above, the Council has determined that it would be in
breach of GDPR’s Article 6(1)(a) to disclose the withheld data,
engaging the s40(2) exemption.

 

Balance of legitimate Interests in disclosure:

In considering a legitimate interest as a lawful basis for
disclosure, the Council must have regard to a range of factors.

 

These include the legitimate interest in disclosure (purpose), the
proportionality of disclosure in respect of that purpose (necessity),
and the balance of those factors against the rights of the subject
and any potential harm or distress that could be caused to them
(prejudice).

 

This is a de-facto public interest test. Briefly set out the relevant
factors of the case and the various interests in disclosure. There is
a distinct difference between public and private interests, so it may
be relevant to consider the motive behind the request under those
circumstances.

 

Have regard to what the reasonable expectations of the subjects would
be, how likely it is for individuals to be identified (consider a
‘[11]motivated intruder’ test – [12]ICO guidance from pg19),
potential prejudice that could be suffered by individuals due to
disclosure and whether there has been previous disclosures.

 

In light of the above, the Council has determined that it would be in
breach of GDPR’s Article 6(1)(a) to disclose the withheld data,
engaging the s40(2) exemption.

 

═════════════════════════════════════════════════════════════════════

 

The contents of this request are subject to re-use under the terms of
the [13]Open Government Licence unless otherwise specified.
Publications relying on this data must be attributed accordingly.
Where released materials are subject to 3^rd party copyright or
intellectual property rights, rights to attribution and re-use remain
vested in the holder.

 

Personal data disclosed in conjunction with an information access
request is provided in compliance with the Council’s legal
obligations. This disclosure does not provide consent for direct
marketing under the Privacy and Electronic Communications Regulations
(PECR), and should not be construed as such.

 

Should you require any further information, or if you are not
satisfied with our response, please do not hesitate to contact me.
You may also request an internal review by writing to the following
address: [14][email address]

 

Following this, if you are not satisfied with the internal review
response you may apply to the [15]Information Commissioner for an
independent review at the following address: [16][email address]

 

Kind regards,

Information Governance

Case Management (Corporate Services)
Folkestone & Hythe District Council

Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY.
Email: [17][Folkestone & Hythe District Council request email]
Website: [18]Home | [19]FOI and Data | [20]Privacy
Follow us on [21]Twitter and [22]Facebook

 

 

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We don't know whether the most recent response to this request contains information or not – if you are Mark Brophy please sign in and let everyone know.