Photograph of Beaconsfield House
Dear North Tyneside Metropolitan Borough Council,
On 4 May 2020 your library team tweeted:
https://twitter.com/NorthTyneLibs/status...
a picture of Beaconsfield House . Please:
1) name the photographer, and give the date and venue of first publication, and date of death of the photographer
2) state the copyright status (and copyright owner, if any) of the image, and your reasons for reaching that conclusion
3) provide all your other metadata about the image
4) provide the highest-resolution digital copy of the image that you have. Please note that I require this as an image file (lossless TIFF preferred, JPEG or similar otherwise), not embedded in a PDF or other document format, and without digital watermark. Placing the image inline and providing the URL will suffice.
5) as (3) and (4), for any and all other images taken at the same session, by the same photographer, that you have.
Yours faithfully,
Andy Mabbett
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference FOI2523. Thank
you for your request for information.
Due the unprecedented challenges we are facing during the coronavirus
(COVID-19) pandemic, resources may be diverted away from usual compliance
or information rights work.
Whilst the statutory timescales cannot be extended the response to your
request might be delayed as we may have to divert our resources to help
with other challenges.
Your patience is appreciated at this difficult time. We will respond to
your request as soon as we can.
Your request was received on 05/05/2020 and the Council is dealing with it
under the terms of the Freedom of Information Act 2000.
We have made it easier to request information from us. Our new [1]Request
for Information application is now available online. Here you can submit,
manage and stay updated on all your requests within an account. Click on
the link to create an account and get started. You will need a valid email
address to verify your account.
As required by the legislation, the Council aims to answer your request
promptly, but no later than 20 working days after receipt. As stated in
the Information Commissioner’s guidance, Awareness Guidance 11 Time for
Compliance, the 20 working day clock starts the day after the Council
received the request. The due date has been calculated to be 02/06/2020.
If the information you have requested 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.
Very occasionally, fees may be payable for the supply of information under
the Freedom of Information Act. This will be considered, and if fees are
payable in respect of this request the Council will contact you before
proceeding in order to be sure that you are happy to go ahead. Any fees
that do apply must be paid before the information is processed and
released.
Please note that an anonymised copy of our response to your request may be
published in the Council’s Disclosure Log where appropriate. This is a
record of responses to completed requests for information that the Council
has received and dealt with under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.
The Council’s Disclosure Log is available online at the following address:
[2]http://my.northtyneside.gov.uk/category/...
If you have any queries in the meantime, please do not hesitate to contact
us.
Regards
Geoff Snary
Senior Information Governance Officer
Information Governance Team
Quadrant East
Cobalt Business Park
The Silverlink North
North Tyneside
NE27 0BY
[3]North Tyneside Council
Tel: 0191 643 5623 Fax: 0191 643 2451
[4][IMG][5][IMG][6][IMG]
Please note that my working days are Tuesday to Friday.
From: Andy Mabbett <[FOI #662172 email]>
Sent: 04 May 2020 20:39
To: FOI Officer <[email address]>
Subject: Freedom of Information request - Photograph of Beaconsfield House
*EXTRNL*
Dear North Tyneside Metropolitan Borough Council,
On 4 May 2020 your library team tweeted:
[7]https://twitter.com/NorthTyneLibs/status...
a picture of Beaconsfield House . Please:
1) name the photographer, and give the date and venue of first
publication, and date of death of the photographer
2) state the copyright status (and copyright owner, if any) of the image,
and your reasons for reaching that conclusion
3) provide all your other metadata about the image
4) provide the highest-resolution digital copy of the image that you have.
Please note that I require this as an image file (lossless TIFF preferred,
JPEG or similar otherwise), not embedded in a PDF or other document
format, and without digital watermark. Placing the image inline and
providing the URL will suffice.
5) as (3) and (4), for any and all other images taken at the same session,
by the same photographer, that you have.
Yours faithfully,
Andy Mabbett
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #662172 email]
Is [9][North Tyneside Council request email] the wrong address for Freedom of
Information requests to North Tyneside Metropolitan Borough Council? If
so, please contact us using this form:
[10]https://www.whatdotheyknow.com/change_re...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[11]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[12]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference FOI2523.
Your request for information under the above legislation has now been
considered. Please see response:
1. name the photographer, and give the date and venue of first
publication, and date of death of the photographer
o information not held
2. state the copyright status (and copyright owner, if any) of the image,
and your reasons for reaching that conclusion
o This photograph is owned and copyright lies with North Tyneside
Council. Any further details on use and copyright are publicly
available on the Discover team's Flickr
page: [1]https://www.flickr.com/photos/discover-n...
3. provide all your other metadata about the image
o no further information held
4. provide the highest-resolution digital copy of the image that you
have. Please note that I require this as an image file (lossless TIFF
preferred, JPEG or similar otherwise), not embedded in a PDF or other
document format, and without digital watermark. Placing the image
inline and providing the URL will suffice.
o There is a charge for the provision of high resolution images
therefore we are not able to provide this freely. Charge is dependent
on intended use of image. As our libraries are currently closed due to
Covid-19 we cannot currently scan this photograph - for further info
please contact [email address]
5. as (3) and (4), for any and all other images taken at the same
session, by the same photographer, that you have.
o no information held
We have made it easier to request information from us. Our new [2]Request
for Information application is now available online. Here you can submit,
manage and stay updated on all your requests within an account. Click on
the link to create an account and get started. You will need a valid email
address to verify your account.
Please note that an anonymised copy of this response may be published in
our Disclosure Log where appropriate.
This is a record of responses to completed requests for information that
the Council has received and dealt with under the Freedom of Information
Act 2000 and Environmental Information Regulations 2004. The Disclosure
Log is available online at the following address:
[3]http://my.northtyneside.gov.uk/category/...
I trust that this information answers your request, but if you have any
further requests please do not hesitate to contact me.
If you are unhappy with the way the Council has handled your request, you
may ask for an internal review. Please contact the Information Governance
Team no later than 40 working days after the date of this letter, after
which time we will consider the matter closed.
Law and Governance
North Tyneside Council
Quadrant
The Silverlink North
Cobalt Business Park
North Tyneside
NE27 0BY
e-mail [4][North Tyneside Council request email]
Further information is also available from the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[5]www.ico.org.uk
Regards
Geoff Snary
Senior Information Governance Officer
Information Governance Team
Quadrant East
Cobalt Business Park
The Silverlink North
North Tyneside
NE27 0BY
[6]North Tyneside Council
Tel: 0191 643 5623 Fax: 0191 643 2451
[7][IMG][8][IMG][9][IMG]
Please note that my working days are Tuesday to Friday.
From: Geoff.Snary On Behalf Of FOI Officer
Sent: 05 May 2020 13:22
To: Andy Mabbett <[FOI #662172 email]>; FOI Officer
<[email address]>
Subject: FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION FOI2523
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference FOI2523. Thank
you for your request for information.
Due the unprecedented challenges we are facing during the coronavirus
(COVID-19) pandemic, resources may be diverted away from usual compliance
or information rights work.
Whilst the statutory timescales cannot be extended the response to your
request might be delayed as we may have to divert our resources to help
with other challenges.
Your patience is appreciated at this difficult time. We will respond to
your request as soon as we can.
Your request was received on 05/05/2020 and the Council is dealing with it
under the terms of the Freedom of Information Act 2000.
We have made it easier to request information from us. Our new [10]Request
for Information application is now available online. Here you can submit,
manage and stay updated on all your requests within an account. Click on
the link to create an account and get started. You will need a valid email
address to verify your account.
As required by the legislation, the Council aims to answer your request
promptly, but no later than 20 working days after receipt. As stated in
the Information Commissioner’s guidance, Awareness Guidance 11 Time for
Compliance, the 20 working day clock starts the day after the Council
received the request. The due date has been calculated to be 02/06/2020.
If the information you have requested 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.
Very occasionally, fees may be payable for the supply of information under
the Freedom of Information Act. This will be considered, and if fees are
payable in respect of this request the Council will contact you before
proceeding in order to be sure that you are happy to go ahead. Any fees
that do apply must be paid before the information is processed and
released.
Please note that an anonymised copy of our response to your request may be
published in the Council’s Disclosure Log where appropriate. This is a
record of responses to completed requests for information that the Council
has received and dealt with under the Freedom of Information Act 2000 and
Environmental Information Regulations 2004.
The Council’s Disclosure Log is available online at the following address:
[11]http://my.northtyneside.gov.uk/category/...
If you have any queries in the meantime, please do not hesitate to contact
us.
Regards
Geoff Snary
Senior Information Governance Officer
Information Governance Team
Quadrant East
Cobalt Business Park
The Silverlink North
North Tyneside
NE27 0BY
[12]North Tyneside Council
Tel: 0191 643 5623 Fax: 0191 643 2451
[13][IMG][14][IMG][15][IMG]
Please note that my working days are Tuesday to Friday.
From: Andy Mabbett <[16][FOI #662172 email]>
Sent: 04 May 2020 20:39
To: FOI Officer <[17][email address]>
Subject: Freedom of Information request - Photograph of Beaconsfield House
*EXTRNL*
Dear North Tyneside Metropolitan Borough Council,
On 4 May 2020 your library team tweeted:
[18]https://twitter.com/NorthTyneLibs/status...
a picture of Beaconsfield House . Please:
1) name the photographer, and give the date and venue of first
publication, and date of death of the photographer
2) state the copyright status (and copyright owner, if any) of the image,
and your reasons for reaching that conclusion
3) provide all your other metadata about the image
4) provide the highest-resolution digital copy of the image that you have.
Please note that I require this as an image file (lossless TIFF preferred,
JPEG or similar otherwise), not embedded in a PDF or other document
format, and without digital watermark. Placing the image inline and
providing the URL will suffice.
5) as (3) and (4), for any and all other images taken at the same session,
by the same photographer, that you have.
Yours faithfully,
Andy Mabbett
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[19][FOI #662172 email]
Is [20][North Tyneside Council request email] the wrong address for Freedom of
Information requests to North Tyneside Metropolitan Borough Council? If
so, please contact us using this form:
[21]https://www.whatdotheyknow.com/change_re...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[22]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[23]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
Dear North Tyneside Metropolitan Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of North Tyneside Metropolitan Borough Council's handling of my FOI request 'Photograph of Beaconsfield House'.
In particular, under point (2) the claim is made that "copyright lies with North Tyneside Council"; yet - despite my specifically asking "your reasons for reaching that conclusion", no such reason is given.
I note that a Flickr URL is given, but contrary to the claim made about that URL, no explanation is found there; the entire visible textual content of the linked page, at the time of writing, is:
"Staying inspired during the COVID-19 pandemic: Groups for inspiration and financial assistance options for photographers.
You
Explore
Prints
Get Pro
Upload
Discover North Tyneside
Give Pro
North Tyneside Libraries
15 Followers•0 Following
150 Photos
Date uploaded
About
Jobs
Blog
Developers
Guidelines
Help
Report abuse
Help forum
English
Privacy
Terms
SmugMug+Flickr. Connecting people through photography."
Under (3) you have answered "no further information held"; this is clearly implausible.
Under point (4) I asked for "the highest-resolution digital copy of the image that you have", and without a watermark; this has not been provided, and the comment about scanning the image is irrelevant, as I have not asked for this.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Andy Mabbett
Dear Mr Mabbett
Thank you for your email.
I have requested the department which responded to your request to conduct
an internal review as you request.
Regards
Geoff Snary
Senior Information Governance Officer
Information Governance Team
Quadrant East
Cobalt Business Park
The Silverlink North
North Tyneside
NE27 0BY
[1]North Tyneside Council
Tel: 0191 643 5623 Fax: 0191 643 2451
[2][IMG][3][IMG][4][IMG]
Please note that my working days are Tuesday to Friday.
From: Andy Mabbett <[FOI #662172 email]>
Sent: 13 May 2020 13:14
To: FOI Officer <[email address]>
Subject: Internal review of Freedom of Information request - Photograph of
Beaconsfield House
*EXTRNL*
Dear North Tyneside Metropolitan Borough Council,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of North Tyneside Metropolitan
Borough Council's handling of my FOI request 'Photograph of Beaconsfield
House'.
In particular, under point (2) the claim is made that "copyright lies with
North Tyneside Council"; yet - despite my specifically asking "your
reasons for reaching that conclusion", no such reason is given.
I note that a Flickr URL is given, but contrary to the claim made about
that URL, no explanation is found there; the entire visible textual
content of the linked page, at the time of writing, is:
"Staying inspired during the COVID-19 pandemic: Groups for inspiration and
financial assistance options for photographers.
You
Explore
Prints
Get Pro
Upload
Discover North Tyneside
Give Pro
North Tyneside Libraries
15 Followers•0 Following
150 Photos
Date uploaded
About
Jobs
Blog
Developers
Guidelines
Help
Report abuse
Help forum
English
Privacy
Terms
SmugMug+Flickr. Connecting people through photography."
Under (3) you have answered "no further information held"; this is clearly
implausible.
Under point (4) I asked for "the highest-resolution digital copy of the
image that you have", and without a watermark; this has not been provided,
and the comment about scanning the image is irrelevant, as I have not
asked for this.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[5]https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Andy Mabbett
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[6][FOI #662172 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[7]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[8]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
Dear Mr Mabbett
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference FOI2523.
In response to the internal review of your request we can confirm the
photographs were taken by an employee on behalf of the Council therefore
copyright is held by the Council.
We no longer hold the details of the employee.
The intellectual property office states, "If an image was created as part
of the creator's employment, rather than by a freelance creator, the
employer will generally own the copyright"
If you remain dissatisfied with the way the Authority has dealt with your
request you can contact the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[1]www.ico.org.uk
Regards
Geoff Snary
Senior Information Governance Officer
Information Governance Team
Quadrant East
Cobalt Business Park
The Silverlink North
North Tyneside
NE27 0BY
[2]North Tyneside Council
Tel: 0191 643 5623 Fax: 0191 643 2451
[3][IMG][4][IMG][5][IMG]
Please note that my working days are Tuesday to Friday.
From: Geoff.Snary On Behalf Of FOI Officer
Sent: 13 May 2020 15:03
To: Andy Mabbett <[FOI #662172 email]>; FOI Officer
<[email address]>
Subject: RE: Internal review of Freedom of Information request -
Photograph of Beaconsfield House
Dear Mr Mabbett
Thank you for your email.
I have requested the department which responded to your request to conduct
an internal review as you request.
Regards
Geoff Snary
Senior Information Governance Officer
Information Governance Team
Quadrant East
Cobalt Business Park
The Silverlink North
North Tyneside
NE27 0BY
[6]North Tyneside Council
Tel: 0191 643 5623 Fax: 0191 643 2451
[7][IMG][8][IMG][9][IMG]
Please note that my working days are Tuesday to Friday.
From: Andy Mabbett <[10][FOI #662172 email]>
Sent: 13 May 2020 13:14
To: FOI Officer <[11][email address]>
Subject: Internal review of Freedom of Information request - Photograph of
Beaconsfield House
*EXTRNL*
Dear North Tyneside Metropolitan Borough Council,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of North Tyneside Metropolitan
Borough Council's handling of my FOI request 'Photograph of Beaconsfield
House'.
In particular, under point (2) the claim is made that "copyright lies with
North Tyneside Council"; yet - despite my specifically asking "your
reasons for reaching that conclusion", no such reason is given.
I note that a Flickr URL is given, but contrary to the claim made about
that URL, no explanation is found there; the entire visible textual
content of the linked page, at the time of writing, is:
"Staying inspired during the COVID-19 pandemic: Groups for inspiration and
financial assistance options for photographers.
You
Explore
Prints
Get Pro
Upload
Discover North Tyneside
Give Pro
North Tyneside Libraries
15 Followers•0 Following
150 Photos
Date uploaded
About
Jobs
Blog
Developers
Guidelines
Help
Report abuse
Help forum
English
Privacy
Terms
SmugMug+Flickr. Connecting people through photography."
Under (3) you have answered "no further information held"; this is clearly
implausible.
Under point (4) I asked for "the highest-resolution digital copy of the
image that you have", and without a watermark; this has not been provided,
and the comment about scanning the image is irrelevant, as I have not
asked for this.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[12]https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Andy Mabbett
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[13][FOI #662172 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[14]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[15]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
Dear Mr Mabbett
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION
In all further correspondence please quote our reference FOI2523.
Please accept my apology on behalf of the Authority for the delay in
response and any confusion regarding your request. The Authority is
operating under immense pressure due to the COVID-19 pandemic and some
resources have been diverted away from our usual compliance work;
therefore, your patience and understanding is appreciated.
Please find attached your response following Authority and ICO
investigation.
If you remain dissatisfied with the way the Authority has dealt with your
request you can contact the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
[1]www.ico.org.uk
Kind Regards
Emma Phillips
Team Leader, Information Governance
Information Governance Team
Law and Governance
[2]North Tyneside Council
Tel: (0191) 643 2333*
Direct Line: 8785
[3][IMG][4][IMG][5][IMG]
*Please note I am currently working from home and can be contacted via
Teams
Speak to me in confidence: Work Place [6]Mental Health First Aider and
[7]Domestic Violence Champion
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Andy Mabbett left an annotation ()
Note that this new reply completely contradicts the answers previously given by North Tyneside Metropolitan Borough Council, both initially (various "information not held") and in reply to my request that they review that ("we can confirm the photographs were taken by an employee on behalf of the Council").
I also note that the version of the image on Flickr, whose URL is only now provided, is at a maximum resolution of 1072 x 790; yet according to their new reply, they hold a version of 1589 x 1171 resolution, which they have not, as requested, supplied. They initially refused to do so on the basis that "There is a charge for the provision of high resolution images therefore we are not able to provide this freely". However, as the ICO's office pointed out in correspondence, the council "did not state any exemption it was relying upon to withhold the information under the FOIA.". I have asked the ICO's office to revisit this point.
Andy Mabbett left an annotation ()
I have another (final?) update from the ICO's office. We have agreed that the Council's new claim Section 21 applies to the higher-resolution image is very likely correct, and I have said that I do not intend to pursue that point further.
With regard to the earlier replies given by the council, the ICO's staff member, who has been very helpful throughout this case, says:
"I will be writing formally to the Council to advise it of my observations on this case. This include a breach of of section 10 of the FOIA; which requires a public authority to disclose recorded information within 20 working days, and a breach of section 17 of the FOIA; which requires a public authority to issue a valid refusal notice for any information that it seeks to withhold.
"I intend to also refer the Council to the importance in ensuring that, before any response to a request, it takes appropriate steps to verify what recorded information is actually held."
We also agree that, with the above, the case is now closed.
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Andy Mabbett left an annotation ()
North Tyneside Metropolitan Borough Council - which has existed only since 1 April 1974 - make the remarkable claim that this 1880 photograph was taken by one of their employees.
I have referred that dubious claim, as well as their failure to supply the requested metadata, and a high-resolution, watermark-free, copy of the image (note that their final response is silent on both points), to the Information Commissioner.