Dear Derby City Council,

FAO The Library Service.

Hello, I have two freedom of information (FOI) queries that should be quick. This is being sent to all UK library services so be assured you aren't being singled out! If the operating of the library service has been outsourced to a separate organisation then please fulfil this request by retrieving the response from that body.

1. Does the library service complete annual library statistics to be sent to CIPFA? And specifically, have these been completed for the financial year 2020/2021?

2. If the answer to the above is Yes, please include a copy of your 2020/2021 CIPFA library statistics return in your response. This should be sent in the same format as was sent to CIPFA (e.g. an Excel spreadsheet).

It is important that this should be an exact copy of the data sent to CIPFA. I am not requesting any data that is owned by CIPFA, such as their own aggregated reports. As the data is compiled by the library service it is public library data, and subject to Freedom of Information.

To try and cover any concerns about the second part of this request, I have answered a number of potential worries below. Please have a quick look through these before responding!

- Data Format. The data should be sent as structured data in spreadsheet format. Guidelines from the Information Commissioner's Office specify that it is reasonable to request data in a re-usable and "Machine-readable" formats. For example, if the data were exported to a PDF file then that would not be acceptable, as that is a document rather than structured data.

- FOI exemption: accessible by other means. Occasionally, requesters in the past have been told that this data could be exempt from FOI as it accessible from CIPFA when it is published. However this fails the test of being 'reasonably' accessible due to the high cost for a member of the public. This exemption would certainly be overturned on appeal.

- FOI exemption: commercial interest. Commercial interest exemptions do exist in FOI legislation but this would not apply to a single third party (e.g. CIPFA) who use public data. Their commercial interests are in the value they provide in reporting on that data.

Thank you in advance!

Yours faithfully,

Dave Rowe

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

show quoted sections

To view Derby City Council Privacy Notices please visit
[3]derby.gov.uk/privacy-notice

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

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

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

References

Visible links
1. file:///tmp/www.derby.gov.uk
2. https://derby.gov.uk/mailredirect/
3. https://www.derby.gov.uk/privacy-notice/

Derby City Council

Dear Dave,

I acknowledge your request for information received on 13/9/21 about
'Libraries'.

Your request is being considered and you will receive the information
requested as soon as possible, but in any case by 13/10/21 the statutory
timescale of 20 working days as defined by the Freedom of Information Act
2000 (FOI) unless the information requested is subject to a statutory
exemption on disclosure or the information contains reference to a third
party.

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification). In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

For your information, the Act defines a number of exemptions, which may
prevent release of the information you have requested. Some exemptions are
subject to a public interest test. There will be an assessment and if any
of the exemption categories apply and any relevant public interest test is
weighed in favour of withholding the information it will not be released.
You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then
they may need to be consulted before a decision is taken on whether the
information can be released to you. You will be informed if this is the
case.

There may be a fee payable for supplying the information in the form of
disbursements. This will be calculated and you will be informed if a fee
is payable. The fee must be paid before the information is released and
the 20 working day time limit for responses is suspended until payment is
made. You will have 3 calendar months to submit your payment.

If you have any queries or concerns then please contact:

 Freedom of Information Officer Derby City Council The Council House
Corporation Street Derby DE1 2FS Telephone 01332 640763 or e-mail
[Derby City Council request email] 

Further information is also available from the Information Commissioner
at:

 Information Commissioner's Office Wycliffe House Water Lane Wilmslow
Cheshire SK9 5AF Telephone: 01625 545 700 https://www.ico.org 

Yours sincerely,

Freedom of Information Team | Information Governance | Corporate Resources
Directorate | Derby City Council, Council House, Corporation Street, Derby
DE1 2FS | 01332 640763 | www.derby.gov.uk

show quoted sections

To view Derby City Council Privacy Notices please visit
[2]derby.gov.uk/privacy-notice

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

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

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

References

Visible links
1. https://derby.gov.uk/mailredirect/
2. https://www.derby.gov.uk/privacy-notice/

Derby City Council

1 Attachment

Dear Dave,

The Council confirms it holds information that falls within the
description of your request which is attached.

For your information this request has cost the Council £14.58 to process.

Any information provided that is owned by the Council is subject to the
provisions of the Re-use of Public Sector Information Regulations 2015 and
has been made available for re-use under the Open Government Licence (OGL)
a request to re-use is not required, but the licence conditions must be
met.

If the information provided is owned by someone else, you must get
permission from them to reuse the information.

If you are dissatisfied with the response to your request, you can ask for
an internal review under our FOI & EIR complaints procedure.

Please put your appeal reasons in writing and send it within 40 working
days to:

 Freedom of Information Officer Derby City Council The Council House
Corporation Street Derby DE1 2FS Telephone 01332 640763 or e-mail
[Derby City Council request email] 

You may also apply to the Information Commissioner for a decision under
section 50 of the Act but he may decline to deal with your application if
you have not followed the Council’s complaints procedure first:

 Information Commissioner's Office Wycliffe House Water Lane Wilmslow
Cheshire SK9 5AF Telephone: 01625 545 700 https://www.ico.org 

Please note, the following applies, if the response includes council
officers (or other officers) names.

If you are a company that intends to use the names and contact details of
council officers (or other officers) provided for direct marketing, you
need to be registered with the Information Commissioner to process
personal data for this purpose. You must also check that the individual
(whom you wish to contact for direct marketing purposes) is not registered
with one of the Preference Services to prevent Direct Marketing. If they
are you must adhere to this preference. You must also ensure you comply
with the Privacy Electronic and Communications Regulations (PECR). For
more information follow this link https://www.ico.org

For the avoidance of doubt the provision of council (and other) officer
names and contact details under FOI does not give consent to receive
direct marketing via any media and expressly does not constitute a ‘soft
opt-in’ under PECR.

Yours sincerely,

Freedom of Information Team | Information Governance | Corporate Resources
Directorate | Derby City Council, Council House, Corporation Street, Derby
DE1 2FS | 01332 640763 | www.derby.gov.uk

show quoted sections

To view Derby City Council Privacy Notices please visit
[2]derby.gov.uk/privacy-notice

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

The views expressed in this email are personal and may not necessarily
reflect those of Derby City Council, unless explicitly stated otherwise.
This email, and any files transmitted with it, are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error, please notify me
immediately. If you are not the intended recipient of this email, you
should not copy it for any purpose, or disclose its contents to any other
person. Senders and recipients of email should be aware that under the
Data Protection Act 2018 and Freedom of Information Act 2000, the contents
may have to be disclosed. This footnote also confirms that this email
message has been swept by Microsoft Office 365 for the presence of
computer viruses. However, we cannot accept liability for viruses that may
be in this email. We recommend that you check all emails with an
appropriate virus scanner.

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

References

Visible links
1. https://derby.gov.uk/mailredirect/
2. https://www.derby.gov.uk/privacy-notice/