Dear Sirs,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
REQUEST FOR INFORMATION

Pursuant to the general right of access to information contained in the Freedom of Information (Scotland) Act 2002 I request from East Dunbartonshire Council the following information:

(a) the full content of the ICO's report following their recent consensual data protection audit of East Dunbartonshire Council; and
(b) the full content of any action plans (or similar) that have been produced by East Dunbartonshire Council pertaining to any issues identified within the ICO's report.

I look forward to receiving a substantive response from East Dunbartonshire Council within the statutory twenty working days.

Yours faithfully,

Alistair P Sloan

East Dunbartonshire Council

Thank you for you Freedom of Information request.

This is an automated response. Your message has been received by East
Dunbartonshire Council.

Your request will be dealt with promptly and a full response will be issued
within 20 working days.

Should you not receive a response within this period, or you have any other
queries about your request please contact: [East Dunbartonshire Council request email] or 0141
578 8057.

show quoted sections

East Dunbartonshire Council Web Site http://www.eastdunbarton.gov.uk

East Dunbartonshire Council

5 Attachments

Dear Mr Sloan

With reference to your request for Freedom of Information below:

(a) the full content of the ICO's report following their recent
consensual data protection audit of East Dunbartonshire Council; and
(b) the full content of any action plans (or similar) that have been
produced by East Dunbartonshire Council pertaining to any issues
identified within the ICO's report.

I can advise that this information will be published within the next 12
weeks further to submission of the findings to our Council Committee. The
Council will publish this on its website https://www.eastdunbarton.gov.uk/
and will request the Information Commissioner publish this also. The
information is therefore subject to exemption under Section 27 of the
Freedom of Information (Scotland) Act 2002 'information intended for future
publication. We are therefore unable to provide you with the information
you have requested at the present time.

If you are dissatisfied with the way in which East Dunbartonshire Council
responded to your request, you are entitled to require the Council to
review its decision. The review will be handled by staff who were not
involved in the original decision. Please note that in order for a review
to take place you must:

· Lodge a written requirement for a review within 40 working days of
the date of this letter

· Include a correspondence address and a description of the original
request and the reason why you are dissatisfied.

· Address your request to the Freedom of Information Officer:

Stephen Armstrong
Freedom of Information/Data Protection Officer,
East Dunbartonshire Council,
Telephone No. 0141-578 8057
Fax No. 0141-578 8117
[East Dunbartonshire Council request email]

The review will be handled by staff who were not involved in the original
decision. You will receive notice of the results of the review within 20
working days of receipt of your request. The notice will state the
findings of the review as well as details of how to appeal to the Scottish
Information Commissioner if you are still dissatisfied with the Council?s
response. You must request an internal review by the Council before a
complaint can be directed to the Scottish Information Commissioner.

Yours faithfully

Karen Watt
Information and Records Manager
Legal and Democratic Services

(: (Internal): Dial 6013383
:: (External): Dial 0300 1234510
8: [email address]

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From: Alistair P Sloan <[FOI #379327 email]>
To: FOI requests at East Dunbartonshire Council
<[East Dunbartonshire Council request email]>
Date: 30/12/2016 10:23
Subject: Freedom of Information request - ICO Data Protection Audit

Dear Sirs,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
REQUEST FOR INFORMATION

Pursuant to the general right of access to information contained in the
Freedom of Information (Scotland) Act 2002 I request from East
Dunbartonshire Council the following information:

(a) the full content of the ICO's report following their recent consensual
data protection audit of East Dunbartonshire Council; and
(b) the full content of any action plans (or similar) that have been
produced by East Dunbartonshire Council pertaining to any issues identified
within the ICO's report.

I look forward to receiving a substantive response from East Dunbartonshire
Council within the statutory twenty working days.

Yours faithfully,

Alistair P Sloan

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #379327 email]

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requests to East Dunbartonshire Council? If so, please contact us using
this form:
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For more detailed guidance on safely disclosing information, read the
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If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear East Dunbartonshire Council,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
REQUIREMENT FOR REVIEW

I refer to my request for information made to East Dunbartonshire Council dated 30 December 2016 in connection with the ICO's audit of the council and your response dated 30 January 2017 refusing the request pursuant to section 27 of the Freedom of Information (Scotland) Act 2002. I thank you for your response, but now write to require that East Dunbartonshire Council carries out a review of its handling of the request.

The first matter that I raise is with the content of the Council's refusal notice which is, in my submission, technically deficient. Section 16(2) of the Freedom of Information (Scotland) Act 2002 requires that a refusal notice which relies upon a qualified exemption states "the authority’s reason for claiming that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs that in disclosure of the information." Section 2 of the Freedom of Information (Scotland) Act 2002 lists the absolute exemptions which do not need to comply with the requirements of Section 16(2) of the Act; Section 27 of the Act is not an absolute exemption and therefore the Council's refusal notice must comply with the requirements of Section 16(2). The Council's refusal notice does not state the authority’s reason for claiming that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs that in disclosure of the information; therefore, the Council has not fully complied with the requirements of Part I of the Freedom of Information (Scotland) Act 2002.

In respect of the more substantive matters I am limited in what I can say in view of the technical deficiency outlined above. However, I request that the Council re-considers (i) the application of the exemption and (ii) whether the information ought to be released standing the requirement to conduct the public interest balance test.

In respect of the application of the exemption it would only be possible for the Council to rely on Section 27 in respect of that information which has been requested and which is going to be published within the 12 week period set out in Section 27. Section 27 cannot apply to information that the Council is going to redact from the report. It is my expectation that the report might contain information which the Council may in fact redact (such as third party personal data). Such information would either need to be provided in response to the request for information, or another exemption other than Section 27 be cited. This is without prejudice to the generality of the request that the Council reconsiders the application of the exemption.

In respect of the public interest it is difficult for me to make any real argument in view of there being a complete lack of explanation of the Council's reasoning here. I therefore, make a general request for the Council to reconsider the balancing of the public interest (or to in fact consider the balancing of the public interest if it wasn't considered prior to the refusal notice being issued).

I look forward to receiving your response to the requirement for review within the statutory 20 working days.

Yours faithfully,
Alistair P Sloan

East Dunbartonshire Council

Thank you for you Freedom of Information request.

This is an automated response. Your message has been received by East
Dunbartonshire Council.

Your request will be dealt with promptly and a full response will be issued
within 20 working days.

Should you not receive a response within this period, or you have any other
queries about your request please contact: [East Dunbartonshire Council request email] or 0141
578 8057.

show quoted sections

East Dunbartonshire Council Web Site http://www.eastdunbarton.gov.uk

East Dunbartonshire Council

Dear Mr Sloan,

I write in response to your request that East Dunbartonshire Council carry
out an internal Review of your Freedom of Information enquiry on the above
subject. I can confirm that I am an officer who was not involved in dealing
with your original request.

I am pleased to advise that the information you requested has indeed now
been published by the Council. The following link will take you to the
Council's Committee Reports, published in advance of the Policy and
Resources Committee where the item will be heard. The ICO Report and the
Council's response is Item no. 12, on Page 107 of the document.
https://dbs.eastdunbarton.gov.uk/Web+Sit...
+Services/EDCCmtt.nsf/LU-AllDocsID/DF30EED69AE1EF9E802580D100570871?OpenDocument

In practical terms this arguably negates the need for Review. The
information is available to you irrespective if I uphold the Council's
initial decision or I overturn it. However, I am happy to provide a formal
response as is your right.

I find that, in dealing with your request, it was processed in accordance
with the requirements of Part 1 of the Freedom of Information (Scotland)
Act 2002/ the Environmental Information (Scotland) Regulations 2004, in
that the formal response was sent to you within 20 working days of the
Council receiving your request. However, I agree that the Council erred in
not providing to you an explanation of why the public interest was best
served by refusing to provide you with the information. I offer my
apologies that this was the case.

Having looked into the application of the exemption itself, I do not think
that it was applied unreasonably. The information has indeed been released
within 12 weeks from receipt of your request. There was no intention to
refuse the report outright, rather the delay was intended to allow the
Local Authority's Elected Members sight of the ICO report and plan of
action before they were published more widely. This seems reasonable to me
in terms of how an Authority such as the Council is governed. Further,
while the ICO report was finalised at the time of your request, the action
plan was not. It was open to change even in the period after your Freedom
of Information response was issued. Accepting that this only applies to
part of the information you requested, we would not want to provide you
with information that could have provided to be incorrect.

On balance, I think it was correct to refuse to provide you with the
information when you initially sought it. However, I regret that the
justification for this was not explained to you in greater detail.

If you remain dissatisfied with the Council's response to your request for
review you are entitled under Section 47(1) of the Act to apply to the
Scottish Information Commissioner for a decision as to why your Freedom of
Information request has not been dealt with in accordance with Part 1 of
the Act. Your application must be in writing or some other permanent form
which can be used for subsequent reference and must be submitted before the
expiry of six months after the date of your receipt of this letter/message.
It should be sent to the following address:- Scottish Information
Commissioner, Kinburn Castle, Doubledykes Road, St Andrews KY16 9DS.
Telephone 01334464610. Fax 01334 464611. Email:
[email address]

Under Section 56 of the Act an appeal is available on a point of law to the
Court of Session against a decision by the Scottish Information
Commissioner in response to an application under Section 47 of the Act.

Kind regards,

Stephen

Stephen Armstrong
Freedom of Information/ Data Protection Office
East Dunbartonshire Council
[East Dunbartonshire Council request email]

From: Alistair P Sloan <[FOI #379327 email]>
To: FOI requests at East Dunbartonshire Council
<[East Dunbartonshire Council request email]>
Date: 31/01/2017 23:02
Subject: Internal review of Freedom of Information request - ICO Data
Protection Audit

Dear East Dunbartonshire Council,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
REQUIREMENT FOR REVIEW

I refer to my request for information made to East Dunbartonshire Council
dated 30 December 2016 in connection with the ICO's audit of the council
and your response dated 30 January 2017 refusing the request pursuant to
section 27 of the Freedom of Information (Scotland) Act 2002. I thank you
for your response, but now write to require that East Dunbartonshire
Council carries out a review of its handling of the request.

The first matter that I raise is with the content of the Council's refusal
notice which is, in my submission, technically deficient. Section 16(2) of
the Freedom of Information (Scotland) Act 2002 requires that a refusal
notice which relies upon a qualified exemption states "the authority?s
reason for claiming that, in all the circumstances of the case, the public
interest in maintaining the exemption outweighs that in disclosure of the
information." Section 2 of the Freedom of Information (Scotland) Act 2002
lists the absolute exemptions which do not need to comply with the
requirements of Section 16(2) of the Act; Section 27 of the Act is not an
absolute exemption and therefore the Council's refusal notice must comply
with the requirements of Section 16(2). The Council's refusal notice does
not state the authority?s reason for claiming that, in all the
circumstances of the case, the public interest in maintaining the exemption
outweighs that in disclosure of the information; therefore, the Council has
not fully complied with the requirements of Part I of the Freedom of
Information (Scotland) Act 2002.

In respect of the more substantive matters I am limited in what I can say
in view of the technical deficiency outlined above. However, I request
that the Council re-considers (i) the application of the exemption and (ii)
whether the information ought to be released standing the requirement to
conduct the public interest balance test.

In respect of the application of the exemption it would only be possible
for the Council to rely on Section 27 in respect of that information which
has been requested and which is going to be published within the 12 week
period set out in Section 27. Section 27 cannot apply to information that
the Council is going to redact from the report. It is my expectation that
the report might contain information which the Council may in fact redact
(such as third party personal data). Such information would either need to
be provided in response to the request for information, or another
exemption other than Section 27 be cited. This is without prejudice to the
generality of the request that the Council reconsiders the application of
the exemption.

In respect of the public interest it is difficult for me to make any real
argument in view of there being a complete lack of explanation of the
Council's reasoning here. I therefore, make a general request for the
Council to reconsider the balancing of the public interest (or to in fact
consider the balancing of the public interest if it wasn't considered prior
to the refusal notice being issued).

I look forward to receiving your response to the requirement for review
within the statutory 20 working days.

Yours faithfully,
Alistair P Sloan

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #379327 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

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