Number of Flytipping Offences in East Dunbartonshire between 2010 and 2018

The request was partially successful.

Jonathan Rainey

Dear East Dunbartonshire Council,

I write this letter under the Freedom of Information Act 2000 to request the following information on flytipping:

1. How many flytipping incidents in East Dunbartonshire were reported to East Dunbartonshire Council, Police Scotland (including then Strathclyde Police) and the Scottish Environmental Protection Agency between 2010 and 2018?
2. How many flytipping cases were dropped between 2010 and 2018 because the evidence was found to be tampered with? Also, how many were dropped due to fears of reprisals from the reported offender(s)? How many were also dropped due to lack of evidence?
3. Can the citizens of East Dunbartonshire set up their own covert surveillance cameras to capture flytippers in the act themselves? If so, apart from Article 8 of the European Convention on Human Rights (especially regarding section 2 on privacy being exempt in the interest of preventing crime and disorder) what exact laws need to be taken into consideration which includes regards to the Information Commissioner’s Office? If high-quality footage of an offence was successfully captured, can the footage be used in court?
4. What is the Litter Control Strategy that East Dunbartonshire Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Yours faithfully,

Jonathan Rainey

East Dunbartonshire Council

Thank you for you Freedom of Information request.

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Dunbartonshire Council.

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

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queries about your request please contact: [East Dunbartonshire Council request email] or 0141
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East Dunbartonshire Council

Dear Mr Rainey

FOI/11458: Number of Flytipping Offences in East Dunbartonshire between
2010 and 2018:

Thank you for your request for information. In answer to your enquiry I can
provide the following response on behalf of East Dunbartonshire Council

1. How many flytipping incidents in East Dunbartonshire were reported to
East Dunbartonshire Council, Police Scotland (including then Strathclyde
Police) and the Scottish Environmental Protection Agency between 2010 and
2018? In regards to the number of fly-tipping incidents in East
Dunbartonshire Council area I can confirm that the number of fly-tipping
incidents detected or reported to East Dunbartonshire Council and recorded
by the Community Protection Team between 1st January 2010 - 31st December
2018 was 2,685. I would advise you will need to contact both Police
Scotland and Scottish Environmental Protection Agency direct to obtain the
number of incidents of fly-tipping reported to them direct as East
Dunbartonshire Council do not hold this information.

2. How many flytipping cases were dropped between 2010 and 2018 because the
evidence was found to be tampered with? Also, how many were dropped due to
fears of reprisals from the reported offender(s)? How many were also
dropped due to lack of evidence? I can confirm that prior to 2015 no Fixed
Penalty Notices were issued by East Dunbartonshire Council. I can also
confirm that no cases were dropped due to evidence being tampered with. No
cases were dropped due to fears of reprisals from the offender. In terms
of the number of cases being dropped due to lack of evidence I can confirm
that in 2015 no cases were dropped, in 2016 2 cases were dropped, in 2017
no cases were dropped and in 2018 5 cases were dropped.

3. Can the citizens of East Dunbartonshire set up their own covert
surveillance cameras to capture flytippers in the act themselves? If so,
apart from Article 8 of the European Convention on Human Rights (especially
regarding section 2 on privacy being exempt in the interest of preventing
crime and disorder) what exact laws need to be taken into consideration
which includes regards to the Information Commissioner?s Office? If
high-quality footage of an offence was successfully captured, can the
footage be used in court? The Freedom of Information and Environmental
Information legislation provide rights to recorded information. The Council
cannot use the legislation as a mechanism to provide the views and opinions
of officers nor can the Council answer hypothetical questions. Are you able
to rephrase your request so that it seeks recorded information?

4. What is the Litter Control Strategy that East Dunbartonshire Council has
to abide by when investigating flytipping cases along with dog fouling and
littering cases? I can confirm that East Dunbartonshire Council have a
number of authorised officers who are able to investigate instances of
fly-tipping, littering and dog fouling. They are able to investigate and
take enforcement action under appropriate legislation. The legislation in
regards to fly-tipping is Section 33 Environmental Protection Act 1990, in
terms of littering it is Section 87 Environmental Protection Act 1990 and
in terms of dog fouling it is the Dog Fouling Scotland Act 2003. East
Dunbartonshire Council do not currently have an up-to-date and approved
Litter Control Strategy.

Should you have any questions on the content of the response and would like
the Local Authority to clarify or explain, please do feel free to get in
contact, citing the enquiry reference number above.

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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
[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
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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.

Regards

Diane

Diane Kane
Team Leader - Community Safety
East Dunbartonshire Council
Place, Neighbourhood & Corporate Assets
45 Southbank Drive
Kirkintilloch
G66 1XR
Tel: 0141 574 5751
[mobile number]
e-mail: [email address]

From: Jonathan Rainey <[FOI #574183 email]>
To: FOI requests at East Dunbartonshire Council
<[East Dunbartonshire Council request email]>
Date: 05/05/2019 23:34
Subject: Freedom of Information request - Number of Flytipping Offences
in East Dunbartonshire between 2010 and 2018

Dear East Dunbartonshire Council,

I write this letter under the Freedom of Information Act 2000 to request
the following information on flytipping:

1. How many flytipping incidents in East Dunbartonshire were reported to
East Dunbartonshire Council, Police Scotland (including then Strathclyde
Police) and the Scottish Environmental Protection Agency between 2010 and
2018?
2. How many flytipping cases were dropped between 2010 and 2018 because the
evidence was found to be tampered with? Also, how many were dropped due to
fears of reprisals from the reported offender(s)? How many were also
dropped due to lack of evidence?
3. Can the citizens of East Dunbartonshire set up their own covert
surveillance cameras to capture flytippers in the act themselves? If so,
apart from Article 8 of the European Convention on Human Rights (especially
regarding section 2 on privacy being exempt in the interest of preventing
crime and disorder) what exact laws need to be taken into consideration
which includes regards to the Information Commissioner?s Office? If
high-quality footage of an offence was successfully captured, can the
footage be used in court?
4. What is the Litter Control Strategy that East Dunbartonshire Council has
to abide by when investigating flytipping cases along with dog fouling and
littering cases?

Yours faithfully,

Jonathan Rainey

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

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show quoted sections

Jonathan Rainey

Dear East Dunbartonshire Council,

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

I am writing to request an internal review of East Dunbartonshire Council's handling of my FOI request 'Number of Flytipping Offences in East Dunbartonshire between 2010 and 2018'.

I thank your authority for providing information to the 1st, 2nd and 4th questions but in response to the 3rd question, considering you did not want to answer it at all (with unnecessary requirements for 'recording of information'), other councils have been asked the same question on whatdotheyknow.com, a public site which can be searched via major search engines, including nearby West Dunbartonshire, Midlothian and West Lothian and they have openly stated that members of the public are not permitted to use covert cameras because of many laws including RIPSA 2000, Data Protection Act 1998, Dog Fouling (Scotland) Act 2003 and regulations from the Information Commissioner's Office. West Lothian Council responded to the same answered questions:

"Covert cameras would not be allowed to be set up by individuals for us to
use the footage. As a Council, if we wanted to use covert cameras we have
to comply with Regulation to Investigatory Powers (Scotland) Act 2000
(RIPSA) legislation to be able to use them.

If overt camera footage is supplied by anyone, along with a statement from
them then we could consider its use as part of evidence for issuing a
Fixed Penalty Notice."

West Dunbartonshire Council responded:

"West Dunbartonshire Council residents, as with other members of the
general public, cannot set up covert CCTV cameras. In terms of
house/residence security any CCTV cameras would have to be clearly
marked with signage. Moreover the camera itself would also need to be
positioned in such a way that it was confined to entry security and
would not capture street images which might contain personal data of
members of the public going about their daily business.

The second part of your question 3 is based on covert cameras. Only
those bodies listed in the Regulation of Investigatory Powers (Scotland)
Act are permitted to carry out covert surveillance. In this regard I would
refer you to the Office of Surveillance Commissioners.

I refer also to our response dated 27 September 2018 to your FOI
18/1951137 review request where we confirmed that West
Dunbartonshire Council does not use surveillance including covert
surveillance to pursue or identify flytipping offences."

I would like to rephrase the questions so they can be answered in this internal review request:
i) If the citizens of the East Dunbartonshire Council area give over their contact details to your authority when reporting flytippers, are their details involving their name(s) and address(es) mentioned to the offender(s)?
ii) Does your authority use covert and overt surveillance cameras to capture flytippers in the act?
iii) Would Article 8 (Section 2 for exemption to privacy) of the European Convention on Human Rights be applied as an excuse by your authority and the citizens of the East Dunbartonshire Council area to deploy covert and overt cameras to catch flytippers in the act? This has been advised in a 2013 ICO document (https://ico.org.uk/about-the-ico/consult...) which is where you need to confirm if you abide by the rules in the document.

An extra link to my article is provided for more references: https://jrainey94.wixsite.com/younglitte...

Can your authority confirm if all the rules and regulations highlighted in this internal review request as well as the article above are abided by?

I would also like to ask the question of how many of the 2685 reported flytipping offences between 2010 and 2018 resulted in successful prosecution? How many of the cases were reported to your authority per year? Hopefully those can be answered too.

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

Yours faithfully,

Jonathan Rainey

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.

DISCLAIMER:
This email and any files transmitted with it are intended for the use of the individual or entity to whom they are addressed. It may contain information of a confidential or privileged nature.

If you have received this email in error please notify the originator of the message and destroy the e-mail.

East Dunbartonshire Council can not be held responsible for viruses, therefore please scan all attachments.

Any personal data contained in email communications with East Dunbartonshire Council will be processed in accordance with the General Data Protection Regulations 2016/679 ("GDPR") and all other relevant national data protection laws.

Further information detailing how East Dunbartonshire holds and uses personal information and copies of privacy notices used throughout the Council are available on our website at:
https://www.eastdunbarton.gov.uk/council...

The Council?s Data Protection Officer can be contacted at [email address] or on Tel: 0300 123 4510.

The views expressed in this message are those of the sender and do not necessarily reflect those of East Dunbartonshire Council who will not necessarily be bound by its contents.

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