Motorsport events

Edward Cohen made this Freedom of Information request to Powys County Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Powys County Council,

Could I have any information that relate to changes from the 2012 cabinet report to the report approved by cabinet in 2020. Both these documents have been provided to me from a similar request. I would like any information that relate to these changes between 2012 and 2020 which could be e-mails, notes from meetings between council staff or with other organisations.

Yours faithfully,

Edward Cohen

Information Compliance, Powys County Council

 

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
Information Compliance
 
Tel / Ffôn: 01597 82 7543
 
Email/Llythyru electronig:
  [1][email address]

Our ref / Ein cyf: 2021-1022E

Date / Dyddiad: 22/11/2021

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

 

Dear Mr Cohen

 

Thank you for your request for information, received at this office on
19/11/21, in which you requested details of the following:

 

Information in relation to changes of the cabinet report from 2012 to 2020

 

We have assumed that you are referring to the cabinet reports dated 17^th
April 2012 “Protocol for authorising motor vehicle events affecting
footpaths, bridleways and restricted byways” and 3^rd March 2020 “Revised
Protocol for authorising motor vehicle events affecting footpaths,
bridleways and restricted byways under s.33 Road Traffic Act 1988”. Please
let us know if this is incorrect.

 

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

The due date for responding to this request for information is 20/12/21.

 

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

We keep your details safe and we have updated our privacy notice in line
with the requirements set out in General Data Protection Regulations. We
will only ever use the details you share with us to enable us to undertake
our statutory obligations. You can find out more by looking on our web
site. [2]https://en.powys.gov.uk/privacy

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. https://en.powys.gov.uk/privacy

Information Compliance, Powys County Council

Dear Mr Cohen,

I am now in receipt of the two reports from the relevant service area and having studied them can see a number of changes between the two documents. In order for me to properly assess what records, if any, we hold fall within the scope of your request, Could you please be specific about which changes you are referring to please. I will be placing your request on hold until I hear back from you.

Many Thanks
Carl Bryden
Information Compliance Officer.

show quoted sections

Dear Carl,

Thank you. I am already in possession of the two cabinet reports in 2012 and 2020 and there are some considerable changes including admissions in the 2020 report that legal advice has not been followed.

I would like any information or details of any emails, reports, meeting notes etc for both internal needs and with external organisations that contributed to any changes to the two reports. At the very least I would like any information that contributed to the report on authorising motor-sport events that went to your cabinet in 2020.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen,

Thank you for your response. The scope of your request still requires clarification, at present your request is too broad and we would currently be looking at whether Section 12(4)(c) applies or whether the request is manifestly unreasonable in and of itself. As such, I am seeking clarification from you as to which changes, between the documents, you are specifically seeking documentation regarding please so that I can take this request forward without such exceptions being considered. I will be placing your request on hold once more until we receive clarification from you.
I note that today would have been the due date for a response from your original request. This date would have been amended following your previous response to our request for clarification and will be moved again to 20 working days from receipt of your next clarification response. I will be placing your request on hold until we hear back from you.

Many Thanks
Carl Bryden
Information Compliance Officer.

show quoted sections

Dear Carl,

Thank you for your response.

I am only wanting to understand the reasoning for the 2020 report, why the County Council is not following legal advice and why it is so different from the 2012 report. I apologise if my request is too broad.

I wish to have evidence of meetings, letters, emails and any other documents that assisted with the development of the 2020 report whether this is for internal purposes or with other organisations. I cannot see how this is manifestly unreasonable.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen,

Thank you for your response. The issue is not with your intent or reasons for making the request, which under best practice guidelines from the ICO are not taken into account when responding to or processing a request. Rather the issue was with the amount of work generated by your request as it previously stood. Having said this I am able to take your request forward from the clarity received below bearing in mind a few caveats.
The FOI act and EIR allow for the right to request recorded information, whether the recorded information provided equates to evidence is for you to determine. Some information may not be releasable, this will particularly apply to any information which is deemed to be protected by legal privilege although the Act and the Regulations do contain other exceptions and exemptions to release which may apply.

I intend to address your request with the following terms:

" I wish to receive recorded information regarding meetings, letters, emails and any other documents that assisted with the development of the 2020 report"

I will be taking your request forward from the 10th January 2022 and this will equate to a due date of 07/02/2022.

Many Thanks
Carl Bryden
Information Compliance Officer.

show quoted sections

Dear Carl,

Thank you for the reply and defer to your knowledge of FOI and EIR (the latter I had to look up). It is perhaps my lack of understanding on workload, as assumed much of the information would be contained in a file or select number of files.

I look forward to receiving the information, and understand the need for ensuring legal opinion is privileged, especially in the middle of a criminal case. At this stage I simply want some justification for going against legal opinion and will of course be undertaking my own research should this be required.

Yours sincerely,

Edward Cohen

Dear Carl,

The information was due on 7th. Could I please be informed what the delay is?

Yours sincerely,

Edward Cohen

Dear Carl,

The due date was the 7 February and you have not replied to my earlier email enquiring what the delay is.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen,

I can only apologise for the delay and the lack of response on your previous email. This is due to competing demands on my time in terms of workload. I am still working on providing you with a response.

Many Thanks
Carl

show quoted sections

Dear Carl,

A simple reply acknowledging the delay would have been courteous, as it is now over 2 weeks over the deadline. I look forward to seeing the information I requested soon.

Yours sincerely,

Edward Cohen

Dear Information Compliance,

The information I have requested is now 1 month overdue. Could you please let me know when I can expect the information?

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen,

I able unable to provide you with a solid deadline at this time other than to assure you that work is in progress. I would like to pass on my further apologies that the work has yet to be completed.

Would a staggered release of the documents be of benefit to you? I am working through several tranches of data and batched releases (as they are completed) may provide you with documentation more quickly albeit in parts.

Many Thanks
Carl Bryden

show quoted sections

Dear Carl,

Thank you for your reply. A batched release would be fine.

Yours sincerely,

Edward Cohen

Dear Carl,

By what date can I expect the information, even if it is in batches? This is now very overdue.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen,

The first batch is awaiting Head of Service Sign off ready for release. As soon as I have that sign off I can release that batch.

Many Thanks
Carl

show quoted sections

Dear Carl,

It is almost one week since I have been waiting for the documentation to be signed off and of course the original deadline was 11th February. Why it needs to be signed off is mystifying, and that can only lead me to one conclusion.

I need all the information within one week, otherwise I will refer the matter to the Information Commissioner’s Office. I may also ask for an internal review considering how long it has taken and what information is received.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen,

I acknowledge receipt of your email.

Many Thanks
Carl

show quoted sections

Dear Carl,

This matter is long over-due and I would like the information I have asked for. You have until the end of Friday to provide it or I will take this to the ICO.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

Dear Mr Cohen,

Whilst I appreciate your frustration and am happy to add further apologies for the delay, this will not be completed by Friday. I anticipate that the redaction work will be done by the end of the week but I will be unable to obtain necessary sign off by then (Partly due to the absence of relevant signee's). Whilst I have no say in whether you approach the ICO, I would advise that they will direct you to PCC's complaints process first. PCC's complaints process is to conduct an internal review of our release, or review of the reasons for lack of release where the complaint is tardiness. With current staffing levels, It is likely that I will be picking up any such review and will then need to split my time between dealing with both your request and your review. I am certainly not, in any way, indicating that you should not exercise your right to complain to either Powys County Council or the ICO but wished to indicate how this might be counterproductive at present.

Many Thanks
Carl Bryden
Information Compliance Officer.

show quoted sections

Dear Carl,

In the interests of co-operation I have kept my distance. You wrote that the first batch was ready for sign off on 25 March. I have still not received this information. You may well be short staffed and under resourced, but it does not take over one month to do this.

If I do not have the at least the first batch by the end of the week then I will be taking the matter further and making a formal complaint. I am a reasonable person, asking for what I believe to be a reasonable request on information relating to the latest policy in authorising motor-sport events, and I am running out of patience.

If you could also provide an estimated timeframe on when the second batch will be provided to me.

Yours sincerely,

Edward Cohen

Information Compliance, Powys County Council

2 Attachments

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am

Tel / Ffôn: 01597 82 7543

Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf: 2022-1022E

Date / Dyddiad: 25/05/2022

Dear Mr Cohen

 

Thank you for your request for information which was received by the
Authority on the 16/12/2021.

This is to inform you that your request has been considered and the
Authority can provide the following response:

 

Request

 

" I wish to receive recorded information regarding meetings, letters,
emails and any other documents that assisted with the development of the
2020 report"

 

Response

 

Please find attached Tranche 1 of 3 containing documentation that falls
within the scope of your request.

 

We believe that this request is now complete. Should any further
information be required regarding this topic, a separate request will need
to be submitted.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Information Compliance Team

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner. The copyright of most
of the information that we provide in response to Freedom of Information
Act requests will be owned by Powys County Council. The copyright in other
information may be owned by another person or organisation, as indicated
in the information itself. For HMSO Guidance Notes on a range of copyright
issues, see the Office of Public Sector Information(OPSI) website:
[2]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are not satisfied with this response or wish to seek clarity, then
you should contact us, we will try and deal with your query informally, in
the first instance. If informal resolution is not possible or you are
still dissatisfied, then you may apply for a formal internal review by
contacting the Information Compliance Team at
[3][email address]. Please note that any request for
an internal review must be made within 40 working days of the date on
which the attempt to reach informal resolution has come to an end.

 

If you remain dissatisfied following an internal review, you may take your
complaint to the Information Commissioner under the provisions of Section
50 of the Freedom of Information Act

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK95AF

Tel: 03031231113

Email: [4][email address]

[5]www.ico.org.uk

[6]Footer_banner[1]

 

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

Mae'r e bost hwn ac unrhyw atodiad iddo yn gyfrinachol ac fe'i bwriedir ar
gyfer y sawl a enwir arno yn unig. Gall gynnwys gwybodaeth freintiedig. Os
yw wedi eich cyrraedd trwy gamgymeriad ni ellwch ei gopio, ei ddosbarthu
na'i ddangos i unrhyw un arall a dylech gysylltu gyda Cyngor Sir Powys ar
unwaith. Mae unrhyw gynnwys nad yw'n ymwneud gyda busnes swyddogol Cyngor
Sir Powys yn bersonol i'r awdur ac nid yw'n awdurdodedig gan y Cyngor.

This e mail and any attachments are confidential and intended for the
named recipient only. The content may contain privileged information. If
it has reached you by mistake, you should not copy, distribute or show the
content to anyone but should contact Powys County Council at once. Any
content that is not pertinent to Powys County Council business is personal
to the author, and is not necessarily the view of the Council.

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

References

Visible links
1. mailto:[email address]
2. http://www.opsi.gov.uk/advice/crown-copy...
3. mailto:[email address]
4. mailto:[email address]
5. http://www.ico.org.uk/

Information Compliance, Powys County Council

3 Attachments

 

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am

Tel / Ffôn: 01597 82 7543

Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf: 2022-1022E

Date / Dyddiad: 25/05/2022

Dear Mr Cohen

 

Thank you for your request for information which was received by the
Authority on the 16/12/2021.

This is to inform you that your request has been considered and the
Authority can provide the following response:

 

Request

 

" I wish to receive recorded information regarding meetings, letters,
emails and any other documents that assisted with the development of the
2020 report"

 

Response

 

Please find attached Tranche 2 of 3 containing documentation that falls
within the scope of your request.

 

We believe that this request is now complete. Should any further
information be required regarding this topic, a separate request will need
to be submitted.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Information Compliance Team

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner. The copyright of most
of the information that we provide in response to Freedom of Information
Act requests will be owned by Powys County Council. The copyright in other
information may be owned by another person or organisation, as indicated
in the information itself. For HMSO Guidance Notes on a range of copyright
issues, see the Office of Public Sector Information(OPSI) website:
[2]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are not satisfied with this response or wish to seek clarity, then
you should contact us, we will try and deal with your query informally, in
the first instance. If informal resolution is not possible or you are
still dissatisfied, then you may apply for a formal internal review by
contacting the Information Compliance Team at
[3][email address]. Please note that any request for
an internal review must be made within 40 working days of the date on
which the attempt to reach informal resolution has come to an end.

 

If you remain dissatisfied following an internal review, you may take your
complaint to the Information Commissioner under the provisions of Section
50 of the Freedom of Information Act

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK95AF

Tel: 03031231113

Email: [4][email address]

[5]www.ico.org.uk

[6]Footer_banner[1]

 

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

Mae'r e bost hwn ac unrhyw atodiad iddo yn gyfrinachol ac fe'i bwriedir ar
gyfer y sawl a enwir arno yn unig. Gall gynnwys gwybodaeth freintiedig. Os
yw wedi eich cyrraedd trwy gamgymeriad ni ellwch ei gopio, ei ddosbarthu
na'i ddangos i unrhyw un arall a dylech gysylltu gyda Cyngor Sir Powys ar
unwaith. Mae unrhyw gynnwys nad yw'n ymwneud gyda busnes swyddogol Cyngor
Sir Powys yn bersonol i'r awdur ac nid yw'n awdurdodedig gan y Cyngor.

This e mail and any attachments are confidential and intended for the
named recipient only. The content may contain privileged information. If
it has reached you by mistake, you should not copy, distribute or show the
content to anyone but should contact Powys County Council at once. Any
content that is not pertinent to Powys County Council business is personal
to the author, and is not necessarily the view of the Council.

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

References

Visible links
1. mailto:[email address]
2. http://www.opsi.gov.uk/advice/crown-copy...
3. mailto:[email address]
4. mailto:[email address]
5. http://www.ico.org.uk/

Information Compliance, Powys County Council

3 Attachments

 

 

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am

Tel / Ffôn: 01597 82 7543

Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf: 2022-1022E

Date / Dyddiad: 25/05/2022

Dear Mr Cohen

 

Thank you for your request for information which was received by the
Authority on the 16/12/2021.

This is to inform you that your request has been considered and the
Authority can provide the following response:

 

Request

 

" I wish to receive recorded information regarding meetings, letters,
emails and any other documents that assisted with the development of the
2020 report"

 

Response

 

Please find attached Tranche 3 of 3 containing documentation that falls
within the scope of your request.

 

We regret the delay you have experienced with this request. We acknowledge
that Powys County Council has failed in its obligation under the
Environmental Information Regulations 2004, to provide you with a response
to your request within the statutory timescale of 20 working days. Please
accept our apologies for this and for any inconvenience this may have
caused.

 

We believe that this request is now complete. Should any further
information be required regarding this topic, a separate request will need
to be submitted.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Information Compliance Team

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner. The copyright of most
of the information that we provide in response to Freedom of Information
Act requests will be owned by Powys County Council. The copyright in other
information may be owned by another person or organisation, as indicated
in the information itself. For HMSO Guidance Notes on a range of copyright
issues, see the Office of Public Sector Information(OPSI) website:
[2]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are not satisfied with this response or wish to seek clarity, then
you should contact us, we will try and deal with your query informally, in
the first instance. If informal resolution is not possible or you are
still dissatisfied, then you may apply for a formal internal review by
contacting the Information Compliance Team at
[3][email address]. Please note that any request for
an internal review must be made within 40 working days of the date on
which the attempt to reach informal resolution has come to an end.

 

If you remain dissatisfied following an internal review, you may take your
complaint to the Information Commissioner under the provisions of Section
50 of the Freedom of Information Act

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK95AF

Tel: 03031231113

Email: [4][email address]

[5]www.ico.org.uk

[6]Footer_banner[1]

 

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

Mae'r e bost hwn ac unrhyw atodiad iddo yn gyfrinachol ac fe'i bwriedir ar
gyfer y sawl a enwir arno yn unig. Gall gynnwys gwybodaeth freintiedig. Os
yw wedi eich cyrraedd trwy gamgymeriad ni ellwch ei gopio, ei ddosbarthu
na'i ddangos i unrhyw un arall a dylech gysylltu gyda Cyngor Sir Powys ar
unwaith. Mae unrhyw gynnwys nad yw'n ymwneud gyda busnes swyddogol Cyngor
Sir Powys yn bersonol i'r awdur ac nid yw'n awdurdodedig gan y Cyngor.

This e mail and any attachments are confidential and intended for the
named recipient only. The content may contain privileged information. If
it has reached you by mistake, you should not copy, distribute or show the
content to anyone but should contact Powys County Council at once. Any
content that is not pertinent to Powys County Council business is personal
to the author, and is not necessarily the view of the Council.

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

References

Visible links
1. mailto:[email address]
2. http://www.opsi.gov.uk/advice/crown-copy...
3. mailto:[email address]
4. mailto:[email address]
5. http://www.ico.org.uk/

Information Compliance, Powys County Council

1 Attachment

 

 

 

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am

Tel / Ffôn: 01597 82 7543

Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf: 2022-1022E

Date / Dyddiad: 25/05/2022

Dear Mr Cohen

 

Thank you for your request for information which was received by the
Authority on the 16/12/2021.

This is to inform you that your request has been considered and the
Authority can provide the following response:

 

Request

 

" I wish to receive recorded information regarding meetings, letters,
emails and any other documents that assisted with the development of the
2020 report"

 

Response

 

We have released 3 tranches of documents to you. Where data has been
redacted this is because it engages one of the following parameters:

 

• It is the personal Data of the data subject and therefore engages
Regulation 13(1)
• It is considered to be legally privileged data and engages Regulation
12(5)(b)
• It falls outside of the scope of your request.
• It duplicates information already provided to you elsewhere in the
document.

 

 

Regulation 14 of the Environmental Information Regulations requires Powys
County Council,

(1) If a request for environmental information is refused by a public
authority under regulations 12(1) or 13(1), the refusal shall be made in
writing and comply with the following provisions of this regulation.

(2) The refusal shall be made as soon as possible and no later than 20
working days after the date of receipt of the request.

(3) The refusal shall specify the reasons not to disclose the information
requested, including—

(a)any exception relied on under regulations 12(4), 12(5) or 13; and

(b)the matters the public authority considered in reaching its decision
with respect to the public interest under regulation 12(1)(b) or, where
these apply, regulations 13(2)(a)(ii) or 13(3).

13.—(1) To the extent that the information requested includes personal
data of which the applicant is not the data subject and as respects which
either the first or second condition below is satisfied, a public
authority shall not disclose the personal data.

(2) The first condition is—

(a)in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under these Regulations would contravene—

(i)any of the data protection principles; or

(ii)section 10 of that Act (right to prevent processing likely to cause
damage or distress) and in all the circumstances of the case, the public
interest in not disclosing the information outweighs the public interest
in disclosing it; and

(b)in any other case, that the disclosure of the information to a member
of the public otherwise than under these Regulations would contravene any
of the data protection principles if the exemptions in section 33A(1) of
the Data Protection Act 1998([2]1) (which relate to manual data held by
public authorities) were disregarded.

(3) The second condition is that by virtue of any provision of Part IV of
the Data Protection Act 1998 the information is exempt from section 7(1)
of that Act and, in all the circumstances of the case, the public interest
in not disclosing the information outweighs the public interest in
disclosing it.

(4) In determining whether anything done before 24th October 2007 would
contravene any of the data protection principles, the exemptions in Part
III of Schedule 8 to the Data Protection Act 1998 shall be disregarded.

(5) For the purposes of this regulation a public authority may respond to
a request by neither confirming nor denying whether such information
exists and is held by the public authority, whether or not it holds such
information, to the extent that—

(a)the giving to a member of the public of the confirmation or denial
would contravene any of the data protection principles or section 10 of
the Data Protection Act 1998 or would do so if the exemptions in section
33A(1) of that Act were disregarded; or

(b)by virtue of any provision of Part IV of the Data Protection Act 1998,
the information is exempt from section 7(1)(a) of that Act.

 

 

We regret the delay you have experienced with this request. We acknowledge
that Powys County Council has failed in its obligation under the
Environmental Information Regulations 2004, to provide you with a response
to your request within the statutory timescale of 20 working days. Please
accept our apologies for this and for any inconvenience this may have
caused.

 

We believe that this request is now complete. Should any further
information be required regarding this topic, a separate request will need
to be submitted.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Information Compliance Team

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner. The copyright of most
of the information that we provide in response to Freedom of Information
Act requests will be owned by Powys County Council. The copyright in other
information may be owned by another person or organisation, as indicated
in the information itself. For HMSO Guidance Notes on a range of copyright
issues, see the Office of Public Sector Information(OPSI) website:
[3]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are not satisfied with this response or wish to seek clarity, then
you should contact us, we will try and deal with your query informally, in
the first instance. If informal resolution is not possible or you are
still dissatisfied, then you may apply for a formal internal review by
contacting the Information Compliance Team at
[4][email address]. Please note that any request for
an internal review must be made within 40 working days of the date on
which the attempt to reach informal resolution has come to an end.

 

If you remain dissatisfied following an internal review, you may take your
complaint to the Information Commissioner under the provisions of Section
50 of the Freedom of Information Act

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK95AF

Tel: 03031231113

Email: [5][email address]

[6]www.ico.org.uk

[7]Footer_banner[1]

 

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Mae'r e bost hwn ac unrhyw atodiad iddo yn gyfrinachol ac fe'i bwriedir ar
gyfer y sawl a enwir arno yn unig. Gall gynnwys gwybodaeth freintiedig. Os
yw wedi eich cyrraedd trwy gamgymeriad ni ellwch ei gopio, ei ddosbarthu
na'i ddangos i unrhyw un arall a dylech gysylltu gyda Cyngor Sir Powys ar
unwaith. Mae unrhyw gynnwys nad yw'n ymwneud gyda busnes swyddogol Cyngor
Sir Powys yn bersonol i'r awdur ac nid yw'n awdurdodedig gan y Cyngor.

This e mail and any attachments are confidential and intended for the
named recipient only. The content may contain privileged information. If
it has reached you by mistake, you should not copy, distribute or show the
content to anyone but should contact Powys County Council at once. Any
content that is not pertinent to Powys County Council business is personal
to the author, and is not necessarily the view of the Council.

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References

Visible links
1. mailto:[email address]
2. Go to footnote 1
http://www.legislation.gov.uk/uksi/2004/...
3. http://www.opsi.gov.uk/advice/crown-copy...
4. mailto:[email address]
5. mailto:[email address]
6. http://www.ico.org.uk/