Open Data - part 2

Response to this request is delayed. By law, Aberdeen City Council should normally have responded promptly and by (details)

Dear Aberdeen City Council,

Further to my request of yesterday's date (see https://www.whatdotheyknow.com/request/o... ) please provide me with

a) a copy of all correspondence, meeting agendas, meeting minutes, notes or other records pertaining to Aberdeen CC's participation in the SCA's open data project (whether between officers, managers, elected members, external partners or others) from 16th June 2017 to date

b) any requests for legal advice or legal review of ACC position in relation to the programme

c) a copy of any project documentation which shows ACC's legal obligation in regards to the programme - such as signed letters of commitment, minutes of agreement, memorandum of understanding, contracts or similar

Yours faithfully,

Ian Watt
Trustee
ODI Aberdeen

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Watt

 

Information enquiry reference FOI-17-1179.

 

Thank you for your recent request for information, which we received on 14
August 2017.   

 

The scheduled date for our response to your request for information is on
or before 11 September 2017.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Gail Halfyard

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

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confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
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opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Watt,

 

Thank you for your information request of 14 August 2017.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

Further to my request of yesterday's date (see
[1]https://www.whatdotheyknow.com/request/o... ) please provide me with

 

a) a copy of all correspondence, meeting agendas, meeting minutes, notes
or other records pertaining to Aberdeen CC's participation in the SCA's
open data project (whether between officers, managers, elected members,
external partners or others) from 16th June 2017 to date

ACC is unable to provide you with all correspondence, meeting agendas,
meeting minutes, notes or other records pertaining to Aberdeen City
Council’s participation of the Scottish Cities Alliance’s open data
project (whether between officers, managers, Elected Members’, external
partners or others) from 16 June 2017 to 14 August 2017 as the cost of
providing it has been calculated as being in excess of the statutory
maximum (£600). 

 

To explain why this is the case, many staff across the Council have been
involved in the open data project during the time period you are
interested in. This means that many Officers from different teams and
functions across the Council may hold information that is relevant to your
request.

 

We have estimated that there are at least 38 Officers who are likely to
hold information relevant to your request. 

 

In order to ensure that the Council had located and provided all
information relevant to your request the Council would  require to ask
each officer to undertake a search of their email mailboxes and shared
drives, as well as any hard copy information which may fall within the
scope of your request.

 

In addition, there are members of staff who have been involved in this
project and who may have information within the scope of your request who
no longer work for the Council so this would involve searching archived
email accounts for relevant information which may take longer to locate
because the Officer conducting the search would not be familiar with the
filing system used in such mailboxes.

 

We have estimated that for officers who still work for the Council (35),
it would take an average of 1.5 hours per officer to ensure that
information relevant to your request had been located. This has been
calculated at £15 per hour, which equates to 52.5 hours, at the cost of
£787.50. This estimation has been based on one officer undertaking this
exercise.

 

For Officers (3) who no longer work for the Council we have estimated that
this search would take longer, for the reasons given above, at 2 hours per
Officer who may hold information. This has been calculated at £15 per
hour, which equates to 6 hours, at the cost of £90.

 

This gives a total estimated cost of responding to this part of your
request of £877.50. In addition, it is possible that each of these
Officers may identify further Officers who may hold information within the
scope of your request.  

 

Because this is in excess of £600, we are unable to comply with this part
of your request as it is in excess of the maximum cost of compliance. In
order to comply with its obligations under the terms of Section 16 of the
FOISA, ACC hereby give notice that we are refusing your request under the
terms of Section 12 - Excessive Cost of Compliance - of the FOISA.

 

ACC would be happy to discuss ways in which you may refine your request,
so we can provide some information of interest to you within the maximum
cost limits. For example, is there a particular aspect of the open data
project that you are most interested in ? Please do contact the
Information Compliance team, who will be happy to advise you, if this is
something you would like to pursue.

 

b) any requests for legal advice or legal review of ACC position in
relation to the programme

An officer requested advice on 27 July regarding the position of ERDF
funded projects given change in corporate approvals process for any IT
project spend – this was initiated by the request from Dundee City Council
to sign off the contract for the open data platform on 21 July 2017.

 

c) a copy of any project documentation which shows ACC's legal obligation
in regards to the programme - such as signed letters of commitment,
minutes of agreement, memorandum of understanding, contracts or similar

Information held by the Council which falls within the scope of your
request is:

 

1) the Collaboration Agreement:

2) a Letter of Award 2016

 

We are currently seeking approval to issue these documents to you.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[2][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[3]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://www.whatdotheyknow.com/request/o
2. mailto:[Aberdeen City Council request email]
3. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

In order to limit cost, please restrict the scope to those officers employed in the Corporate Governance / OCE directorates and who are still in ACC employment.

Yours sincerely,

Ian Watt

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Watt,

 

Information enquiry reference FOI-17-1347.

 

Thank you for your recent request for information, which we received on 19
September 2017. 

 

We understand your request to be:

 

Further to my earlier request (see 
[1][1]https://www.whatdotheyknow.com/request/o... ) please provide me
with 

 

a copy of all correspondence, meeting agendas, meeting minutes, notes  or
other records pertaining to Aberdeen CC's participation in the SCA's open
data project between officers employed in the Corporate Governance/OCE
Directorates who are still in ACC employment from 16th June 2017 to date.

 

The scheduled date for our response to your request for information is on
or before 17 October 2017.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Salomeh Kheyri Rad
Information Compliance Officer

Information Compliance Team
Customer Service
Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[2][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

[3]www.aberdeencity.gov.uk

 

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://www.whatdotheyknow.com/request/o
2. mailto:[Aberdeen City Council request email]
3. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

2 Attachments

Dear Mr Watt,

 

Thank you for your information request of 19 September 2017.  Aberdeen
City Council (ACC) has completed the necessary search for the information
requested.

 

Further to my earlier request (see 
[1][1]https://www.whatdotheyknow.com/request/o... ) please provide me
with 

 

a copy of all correspondence, meeting agendas, meeting minutes, notes  or
other records pertaining to Aberdeen CC's participation in the SCA's open
data project between officers employed in the Corporate Governance/OCE
Directorates who are still in ACC employment from 16th June 2017 to date.

There have been two emails which fall within the scope of your request:

 

1. An Action note following a discussion around failure to progress with
the open data platform contract and spend. Please see attached a copy of
that Action note, FOI-17-1347 – Action Note.

 

Please note that third party names and personal details, as well as the
names of ACC Officers who are below Head of Service level have been
redacted (blacked out) from the attached document as it is exempt from
disclosure under the Freedom of Information (Scotland) Act 2002.  In order
to comply with its obligations under the terms of Section 16 of the FOISA,
ACC hereby gives notice that we are refusing your request under the terms
of Section 38(1)(b) in conjunction with 38(2)(a)(i) – Personal Information
- of the FOISA.

 

In making this decision ACC considered the following points:

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as any information held is personal information relating
to living individuals, of which the applicant is not the data subject.

 

ACC is of the opinion that Section 38(2)(a)(i) applies, as we consider
that disclosure of this information would be a breach of the first Data
Protection Principle (that personal information must be processed fairly
and lawfully). These individuals have not consented to the disclosure of
their information, and ACC does not consider that they would expect ACC to
release this information about them into the public domain under the
FOISA.

 

2. An email which constitutes legal advice.

 

We are unable to provide you with a copy of this email as we consider that
it is exempt from disclosure.

 

In order to comply with its obligations under the terms of Section 16 of
the FOISA, ACC hereby gives notice that we are refusing your request under
the terms of Section 36(1) - Information in respect of which a claim to
confidentiality of communications could be maintained in legal proceedings
– of the FOISA.

 

The information contained within the email is legal advice provided to ACC
by its legal adviser (a solicitor), and was provided in confidence. As
such, a claim to confidentiality of communications could be maintained in
legal proceedings.

 

The exemption claimed by ACC is a non-absolute exemption and where a
non-absolute exemption applies, ACC is required by Section 16(2) of FOISA,
to inform you as to why in all the circumstances of the case, the public
interest in maintaining this exemption outweighs the public interest in
disclosing this information to you.

 

It is considered by ACC that release of this information may allow the
public to understand the background to any position ACC takes on this
project.

 

However, ACC believes that in this case the public interest lies in
withholding information where disclosure could prejudice the position of
ACC (and its legal adviser) in future negotiations.

 

As per our previous response (FOI-17-1176), all ongoing projects and
commitments are being examined to ensure that resource is targeted at
transformation projects that can deliver modern delivery of services
within a climate of reduced finances and increasing demand.

 

Aberdeen City Council has now begun implementation of the Transformation
Change and Portfolio framework that underpins an integral part of the
Target Operating Model. Full details of this, including the Digital
Strategy Programme update are [2]publicly available and provide a
breakdown of current prioritised activities and principles governing all
future programmes of work.

 

We hope this helps with your request.

 

Yours sincerely,

 

Information Compliance Team

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[3][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[4]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://www.whatdotheyknow.com/request/o
2. https://committees.aberdeencity.gov.uk/i...
3. mailto:[Aberdeen City Council request email]
4. http://www.aberdeencity.gov.uk/

Billy Fagan left an annotation ()

"However, ACC believes that in this case the public interest lies in
withholding information where disclosure could prejudice the position of
ACC (and its legal adviser) in future negotiations."

lol, ACC really getting into the spirit of "open" there.

Dear Foi Enquiries,

According to your reply on 11th September:

"Information held by the Council which falls within the scope of your
request is:

1) the Collaboration Agreement:

2) a Letter of Award 2016

We are currently seeking approval to issue these documents to you."

Your most recent reply appears to be silent on these.

Please provide these by return.

Thanks

Ian

Yours sincerely,

Ian Watt

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