Org chart structure

Dear A Makda

Thank you for your e-mail requesting information under the Freedom of Information Act 2000. Your request is being considered and you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information 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 be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

There may be a fee payable for 'reasonable disbursement' costs such as postage and photocopying. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment. If appropriate, the information may be provided in paper copy, normal font size. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.

If you have any queries or concerns then please contact [Hyndburn Borough Council request email] .

Yours sincerely

FOI Co-ordinator
Hyndburn Borough Council

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Hyndburn Borough Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.

Dear A Makda

Your request for information under the Freedom of Information Act 2000 has been considered and a response is below:

HBC Org Chart
https://www.hyndburnbc.gov.uk/download/o...

CEO- David Welsby:
Direct reports-
Helen Dodds (Head of Environmental Health) [email address]
Mark Hoyle (Head of Housing and Regeneration) [email address]

Staff numbers: 01254 388111

With regards to the 'full disclosure of names, contact number and email addresses of all staff working under Head of benefits, revenues and customer services', this information is exempt under Section 40 of the FOI Act.

If you have any queries or concerns or if you are dissatisfied with the handling of your request then please contact me at Legal and Democratic Services, Hyndburn Borough Council, Scaitcliffe House, Ormerod Street, Accrington, Lancashire BB5 0PF or: [Hyndburn Borough Council request email]
If you are still dissatisfied then you can also complain to the Information Commissioner at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Telephone: 01625 545 700 www.informationcommissioner.gov.uk

Yours sincerely

FOI Co-ordinator
Hyndburn Borough Council

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Hyndburn Borough Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.

Dear A Makda

The names of staff working in public authorities are personal data as defined by Article 4 (1) of GDPR and S. 3 Data Protection Act (DPA) 2018. In addition organisational charts and internal directories that contain staff names are also personal data if they identify individual members of staff.

The alternative lawful basis is that disclosure is “necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interest or fundamental rights and freedoms of the data subject which require protection of personal data…” (GDPR Article 6 (1)(f)).

In order for our Legal team to apply the process of determining whether this information is necessary to disclose, we require an understanding of the purpose of needing staff information.

Following your response, our Legal team will begin assessing if disclosure is necessary under Section 40(8).

Kind regards
FOI Coordinator
Hyndburn Borough Council

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Dear A Makda

S. 3 Data Protection Act (DPA) 2018 is not being claimed for the refusal and is merely cited as defines the terms relating to the processing of personal data.
Further, we advise again that the information requested is exempt from disclosure under section 40(2) of the FOI Act on the grounds that it contains personal data and that the first condition under section 40(3)(a)(i) is satisfied, namely that disclosure would amount to a breach of the first data protection principle (personal data shall be processed fairly and lawfully).

Kind regards
FOI Coordinator

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Dear A Makda

Thank you for your e-mail requesting information under the Freedom of Information Act 2000. Your request is being considered and a reply will be with you in due course.

Kind regards

FOI Coordinator
Hyndburn Borough Council

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Dear A Makda

We'd like to express our apologies in the delay responding to you. Unfortunately, the summer leave period means the officer involved in this request has not yet been able to provide the swift and complete response we aim to. We apologise for this, but due to being a small authority we are unable to response accurately and in accordance with the law until officers return to work.

Thank you for your patience.

Kind regards
FOI Coordinator

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Dear A Makda

We were unable to access the officer's digital folders while they were on leave. We aim to respond within a week.

Please accept our apologies.

Kind regards
FOI Coordinator

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Good Afternoon,

Your request for an internal review has been completed and consideration
has been given to the handling of your request for information. 

You had requested ‘disclosure of Hyndburn BC org chart.  Request
disclosure of names, contact number and email addresses of CEO, their
direct reports including job title and their direct report’s including job
title.

Further, we request full disclosure of names, contact number and email
addresses of all staff working under Head of benefits, revenues and
customer services.’

We provided the following response:

HBC Org Chart
[1]https://www.hyndburnbc.gov.uk/download/o...

CEO- David Welsby:
Direct reports-
Helen Dodds (Head of Environmental Health) [[2]email address]
Mark Hoyle (Head of Housing and Regeneration) [[3]email address]

Staff numbers: 01254 388111

With regards to the 'full disclosure of names, contact number and email
addresses of all staff working under Head of benefits, revenues and
customer services', this information is exempt under Section 40 of the FOI
Act.

You then challenged this response and was told the following:

‘In order for our Legal team to apply the process of determining whether
this information is necessary to disclose, we require an understanding of
the purpose of needing staff information.’

We have never received a response from you explaining your ‘purpose’ for
needing staff information.  In the absence of this information we are
unable to assess if disclosure is necessary under Section 40(8).

Having consulted guidance provided by the Information Commissioner’s
Office and having reviewed our handling of the request, we are satisfied
that the information we are withholding is exempt under Section 40(2) of
the Freedom of Information Act 2000 due to this information containing the
personal data of employees.  Any disclosure of this data would amount to a
breach of the first data protection principle (personal data shall be
processed fairly and lawfully). 

We consider that staff below the position of the Head of Benefits,
Revenues and Customer Services have a reasonable expectation that their
names would not be disclosed.  Disclosing this information without consent
would amount to unfair processing and a breach of the first data
protection principle.

In conclusion we maintain that the response you received was correct.

We apologise for any delay in responding to you and would like to advise
you that, if you are still dissatisfied with the handling of your request
then you can complain to the Information Commissioner at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF  Telephone:   01625 545 700
[4]www.informationcommissioner.gov.uk

Freedom of Information Co-ordinator

This Email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this Email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this Email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Hyndburn Borough Council will not accept any liability for
damage caused by computer viruses emanating from any attachment or other
document supplied with this e-mail.

References

Visible links
1. https://www.hyndburnbc.gov.uk/download/o...
2. https://www.whatdotheyknow.com/help/offi...
3. https://www.whatdotheyknow.com/help/offi...
4. http://www.informationcommissioner.gov.uk/

Dear A Makda

The ICO states that internal review requests should be made within 40
working days of the initial response. Your original request ‘Org chart
structure’ was submitted 07/03/2024.

If you are still dissatisfied with the handling of your request then you
can complain to the Information Commissioner at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF Telephone: 01625 545 700
[1]www.informationcommissioner.gov.uk

Kind regards

FOI Co-ordinator

This Email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this Email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this Email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Hyndburn Borough Council will not accept any liability for
damage caused by computer viruses emanating from any attachment or other
document supplied with this e-mail.

References

Visible links
1. http://www.informationcommissioner.gov.uk/