Number of flytipping offences in East Lothian between 2010 and 2018 & more

The request was partially successful.

Jonathan Rainey

Dear East Lothian 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 the county that your authority controls were reported to East Lothian Council 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 the East Lothian area 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? These questions are based on information from a 2013 ICO Consultation and document (see link here: https://ico.org.uk/about-the-ico/consult...)
4. What is the Litter Control Strategy that City of Edinburgh Council has to abide by when investigating flytipping cases along with dog fouling and littering cases? Would this include COPLAR 2018?

Yours faithfully,

Jonathan Rainey

Freedom Of Information, East Lothian Council

Thank you for your email.

This automated message is East Lothian Council’s acknowledgement that your information request has been received and is receiving attention. The statutory timescales for responses are as follows:

Freedom of Information (Scotland) Act 2002

20 working days

Environmental Information Regulations 2004

20 working days

Internal Reviews

20 working days

We will contact you again in due course.

Freedom of Information Team
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Tel: 01620 827623
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>

Information about East Lothian Council’s complaints procedure can be found here<https://www.eastlothian.gov.uk/info/2105...>.

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The Scottish Information Commissioner is responsible for the enforcement of Scotland's freedom of information laws. Guidance regarding your rights of access to information held by Scottish public authorities is available on the Commissioner’s website<http://www.itspublicknowledge.info/>.

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Freedom Of Information, East Lothian Council

1 Attachment

Our Ref: 2019/625615

Dear Mr Jonathan Rainey

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

In response to your enquiry of 12th June, on behalf of East Lothian Council I am now able to provide the information you require; please refer to the PDF attachment.

Under the terms of this legislation, if you are unhappy with the way your request has been handled, you are entitled to request that we undertake an internal review. Please note, however, that both the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 only relate to the release of information. The Scottish Information Commissioner publishes the following guidance about internal reviews:

You can ask the authority to review its decision if it does not respond or you are unhappy with the way it has dealt with your request, for example by:

• refusing to give you the information
• failing to reply to you within the time limit allowed
• claiming the information is exempt
• failing to give you advice about, and help with, making your request
• asking you to pay a fee that you feel is unreasonable

For example, if you are unhappy because you do not believe the information you have received is accurate, an internal review would not apply. Should this be the case, however, please let me know and I will try to resolve this. If I am unable to help, I will be happy to put you in touch with someone who can.

We must receive a request to review within 40 working days of the date of this notice. A request to review our decision must be in writing (e-mail is acceptable) or another permanent format. When writing, you should include your reasons as to why you are unhappy with our response and why you wish it to be reviewed. Your reasons for dissatisfaction must relate to your information request of 12th June only and should be addressed to:

Information Governance Compliance Officer
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Email: [East Lothian Council request email]

We will have a maximum of 20 working days from the date we receive your request in order to complete our review and give you our decision. In order to ensure an impartial approach, an independent senior officer will be appointed to carry out the review.

If you are still not satisfied with our decision following the review process, then you may ask the Office of the Scottish Information Commissioner (OSIC) to investigate the matter. You must appeal to the Commissioner within six months of receiving the review decision. You may submit your appeal online via OSIC’s website, a link to the online appeal service is provided for your convenience:
http://www.itspublicknowledge.info/YourR...

Alternatively, you may contact OSIC at:

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS

Telephone: 01334 464610
Fax: 01334 464611
E-mail: [email address]

If you remain dissatisfied following the Commissioner’s decision, you may be able to appeal to the Court of Session. You should, however, obtain legal advice before deciding on this course of action. This is because an appeal may only be made on a point of law, not because you disagree with the Commissioner’s view of the case.

Yours sincerely

Kashell Soave
Freedom of Information Team
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Tel: 01620 827623
Email: [East Lothian Council request email]

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Jonathan Rainey

Dear East Lothian Council,

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

I am writing to request an internal review of East Lothian Council's handling of my FOI request 'Number of flytipping offences in East Lothian between 2010 and 2018 & more'.

I am writing to request an internal review of Glasgow City Council's handling of my FOI request 'Number of Flytipping offences between 2010 and 2018'.

Although I thank you for answering the 1st and 2nd questions in the previous FOI request, I am disappointed that your authority did not answer the 2nd and 3rd questions considering that many councils I have asked via whatdotheyknow.com have answered all the questions provided without making excuses and I would like to request that certain questions be answered as stated in the previous FOI request along with the following added questions below:

1. In response to your authority's response to the 2nd question, I ask 1 extra question since your authority admitted that they do not hold data on flytipping charges being no longer investigated:
How many flytipping cases reported to your authority between 2010 and 2018 resulted in FPNs and/or criminal convictions?

2. In response to the 3rd question, your authority decided to provide no information considering that other councils that have been asked the same question on whatdotheyknow.com including nearby West Dunbartonshire, Midlothian, Stirling 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 Lothian 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 Lothian Council area to deploy covert and overt cameras to catch flytippers in the act? To explain the context of the 3rd question, this has been advised in a 2013 ICO document (see link here: https://ico.org.uk/about-the-ico/consult...).

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

3. Apologies first of all for not phrasing the 4th question right, it should have said: What is the Litter Control Strategy that East Lothian Council has to abide by when investigating fly tipping cases along with
dog fouling and littering cases? Would this include COPLAR 2018?

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

Freedom Of Information, East Lothian Council

Thank you for your email.

This automated message is East Lothian Council’s acknowledgement that your information request has been received and is receiving attention. The statutory timescales for responses are as follows:

Freedom of Information (Scotland) Act 2002

20 working days

Environmental Information Regulations 2004

20 working days

Internal Reviews

20 working days

We will contact you again in due course.

Freedom of Information Team
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Tel: 01620 827623
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>

Information about East Lothian Council’s complaints procedure can be found here<https://www.eastlothian.gov.uk/info/2105...>.

Details of your rights to requesting information from East Lothian Council are published here<http://www.eastlothian.gov.uk/info/704/d...>.

The Scottish Information Commissioner is responsible for the enforcement of Scotland's freedom of information laws. Guidance regarding your rights of access to information held by Scottish public authorities is available on the Commissioner’s website<http://www.itspublicknowledge.info/>.

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Freedom Of Information, East Lothian Council

1 Attachment

Dear Mr Rainey,

 

Please find attached your EIR Internal review response.

 

Regards

 

Customer Feedback and FOI Team | Council Support | East Lothian Council,
John Muir House, Haddington, East Lothian EH41 3HA

Tel: 0131 653 5290 |email [email address]

 

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