Kerb dropping

NAME OF APPLICANT FOP083 V1 1.pdf

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Dear B Limbrey

Thank you for your request for information. Your request was received on
28/07/2014and I am dealing with it under the terms of the Freedom of
Information Act 2000 (FOIA).

We always aim to respond as quickly as possible, but in this case I am
refusing your request as it is not valid. An email address is sufficient
for delivery of requested information but there is a requirement under the
Act for a requester to provide their “real name”. I refer you to Section 8
FOIA, which I have copied below, and specifically to 8(1)(b).

8 Request for information.

This section has no associated Explanatory Notes

(1) In this Act any reference to a “request for information” is a
reference to such a request which—

(a) is in writing,

(b) states the name of the applicant and an address for correspondence,
and

(c) describes the information requested.

(2) For the purposes of subsection (1)(a), a request is to be treated as
made in writing where the text of the request—

(a) is transmitted by electronic means,

(b) is received in legible form, and

(c) is capable of being used for subsequent reference.

There are a number of reasons why a requester must supply their real name.
These include the following:

· a request is being made by the applicant for his/her own
personal data and so would be exempt under section 40(1) of the FOIA (and
would comprise a subject access request under the Data Protection Act
1998);

· a public authority has good reason to believe a requester is
using a pseudonym to shield his/her identity in order to avoid the
possibility of the request being considered as vexatious or repeated; or

· determining whether to aggregate costs for two or more requests
in accordance with the Fees Regulations.

The Information Commissioner’s Office supports the view that it was the
intention of the legislation that an applicant should provide their real
name so that the request can be processed in accordance with the
requirements of the FOIA. A first name only is insufficient. Please see
the attached ICO Guidance and the extract copied below.

Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as “Arthur Roberts”, “A. T.
Roberts”, or “Mr Roberts”, but not by stating his name as “Arthur” or
“A.T.R.”

If you believe that the County Council has not complied with the FOI Act
in responding to your request, you may ask for an internal review. If you
wish to do so, please set out the grounds of your appeal in writing to:

Philip Baker, Assistant Director, Legal and Democratic Services, East
Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East
Sussex. BN7 1UE.

or by email to him at [1][email address]

Please quote the FOI reference number in any communication regarding this
particular request.

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. [2]Tel: 0303 123 1113. [3]www.ico.gov.uk

Yours sincerely

Janice Evans

Customer Information Advisor

East Sussex County Council

Communities, Economy and Transport Directorate

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

Phone: 01273 482913
Fax: 01273 481208

email: [4][East Sussex County Council request email] web: [5]www.eastsussex.gov.uk/foi

P please consider the environment - do you really need to print this
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References

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Dear B Limbrey

EIR Request ref: 4297 / Kerb Dropping

My colleague sent you a refusal on the grounds of no name provided. This
was in error as the name that you have provided is sufficient for the
purposes of the Freedom of Information Act.

Thank you for your request for information about the above. Your request
was received on 28/7/2014 and I am dealing with it under the terms of the
Freedom of Information Act 2000.

We always aim to respond as quickly as possible, and in this case will do
so no later than 26/8/2014, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communications regarding
this request

Yours sincerely

Jeremy Coleman

Customer Information Officer