Rates: CoL Scientology HQ

William Thackeray made this Freedom of Information request to City of London Corporation

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

William Thackeray

Dear Sir or Madam,

I refer to the recent Mandatory Relief application related to
a property at 146 Queen Victoria St. I believe it was submitted by the
occupier of the property "Church of Scientology Religious Education College Inc".

Please provide the application itself, plus any supporting documents or other information which was submitted with it.

Yours faithfully,

William Thackeray

COL - EB - Information Officer, City of London Corporation

The City of London acknowledges receipt of your request.

City of London
[1]www.cityoflondon.gov.uk

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COL - EB - Information Officer, City of London Corporation

1 Attachment

Further to your request of 7 April 2009 (the second of two of that date),
and our acknowledgement of 8 April, this response acts as a Partial
Refusal Notice to your request.

You request was as follows:

"I refer to the recent Mandatory Relief application related to a property
at 146 Queen Victoria St. I believe it was submitted by the occupier of
the property "Church of Scientology Religious Education College Inc".

Please provide the application itself, plus any supporting documents or
other information which was submitted with it."

We can confirm that there has only been one application for mandatory rate
relief made in respect of 146 Queen Victoria Street. It was dated 19 April
2005. A copy of this application form is disclosed pursuant to your
request, except for the redaction (as blocked in black on page 2) of
personal data and confidential data pursuant to sections 40(2) and 41 of
the Freedom of Information Act.

<<Application.pdf>>

Additional information was subsequently provided by the Church of
Scientology in support of their application. While we are unable to
provide copies of these documents to you, relying on the section 31(1)(d)
exemption (prejudice to the assessment or collection of any tax or duty or
of any imposition of a similar nature), section 41 (information provided
in confidence) and section 40(2) in respect of the names and contact
details of certain individuals referred to, we are able to provide you
with the following information regarding the application for and decision
to award mandatory rate relief to the Church of Scientology.

Following the application for mandatory rate relief in April 2005,
entitlement to the relief was granted on 19 October 2006. It was granted
following a meeting on 30 August 2006 between legal representatives of the
Church of Scientology and the City of London ("the CoL") to discuss the
Church's appeal following two refusals by the CoL of mandatory rate
relief. In deciding, after all, to grant the relief, reliance was placed
inter alia on an earlier decision of the European Court of Human Rights
concerning a challenge by the Church of Scientology against Sweden, which
the Church of Scientology drew to the attention of the CoL. Following
consideration of this decision as to the Court treating the Church and its
members as having religious rights and taking all factors into account, in
particular commentary contained in explanatory notes in the Employment
Equality (Religion or Belief) Regulations 2003 published by the DTI, the
matter was reconsidered, and it was decided that the statutory criteria
set out in the Local Government Act 1988 were met such that the Church
qualified for mandatory relief.

Application of Exemptions
(1) Section 40(2) exemption
We apply the FOIA section 40(2) exemption (personal information) to
disclosure of the name, signatures and contact details of various
individuals. We consider that where someone works, including who their
employer is, is personal information, whether in the public or private
sector. The Information Tribunal has upheld the view that "to release the
name of an individual's employer would be to release significant personal
data", and hence could be a breach of the Data Protection Principles under
the Data Protection Act 1998 (DPA). The exemption is engaged as we
consider that a breach of the First Data Protection Principle under the
DPA would occur because of disclosure, i.e. the principle of fair and
lawful processing. There is no general expectation by third parties that
their place of work and work contact details should be automatically
disclosed by the CoL following a FOI request, which requests we have to
treat as being in effect a disclosure to everyone and anyone, ie it
becomes fully public information.

(2) Section 31(1)(d) exemption
With regard to additional information which has not been disclosed, we
apply the section 31(1)(d) exemption - prejudice to the assessment or
collection of any tax or duty or of any imposition of a similar nature.
In order that the CoL may undertake its functions in respect of the
assessment and collection of tax etc such discussions must take place out
of the public eye and the release of the information may affect both the
openness of future discussions with any applicant and the confidence of
applicants in the CoL in dealing fairly and impartially with their
application without being subject to outside influences. (Refer the
Information Commissioner's decisions - FS50066998 and FS50098771.) Release
of the information would therefore be prejudicial to the exercise of these
functions.

This exemption is subject to the public interest test. While there is a
public interest in encouraging accountability and transparency by
increasing public understanding of the CoL's processes and decisions, this
should be weighed against both the detrimental effect that release of the
information would have in assessing applications for grant relief as
future applications would be likely to be expressed less frankly if it
were known that they were likely to be released into the public domain;
together with the inherent public interest in the effective working of the
process for determining mandatory rate relief in order to ensure the
efficient use of the public authority's resources in assessing
applications and awarding relief. We would not normally disclose the
information requested for these reasons and also to ensure that there can
be no suggestion that outside pressures were affecting a fair assessment
by the CoL as a public authority. We are mindful that certain members of
the public may have an interest in the conduct of the Church of
Scientology, however this of itself does not constitute a public interest
argument supporting disclosure (refer the Information Tribunal decision of
Hogan v The Information Commissioner, EA/2005/0026, EA/2005/0030). It is
important that there should be equity in the way all ratepayers are
treated.

(3) Section 41 exemption
With regard to additional information which has not been disclosed, we
also apply the section 41 exemption - information provided in confidence.
This exemption is being relied upon as this information was provided to
the CoL in confidence; it continues to have the necessary quality of
confidence in that it is not otherwise accessible and is more than trivial
in nature; it was imparted to the CoL in circumstances importing an
obligation of confidence; and it is considered that disclosure of the
information would give rise to an actionable breach of confidence

The FOIA applies to the CoL as a local authority, police authority and
port health authority. Subject to any other statutory provisions requiring
the City of London to disclose information, release of information outside
the scope of the Act is subject to the discretion of the City of London.

If you wish to make a complaint about the way the CoL has handled your
enquiry, please make your complaint in writing to email address:
[email address]. For a link to the CoL's FOI complaints
procedure, please visit the following page:
[1]www.cityoflondon.gov.uk/Feedback, at the end of which is located the
FOI complaints procedure. If, having used the CoL's FOI Complaints
Procedure, you are still dissatisfied, you may request the Information
Commissioner to investigate. Please contact: Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone:
(01625) 545700. Website: [2]http://www.ico.gov.uk/.

The CoL holds the copyright in this email and attached document. The
supply of these does not give you a right to re-use the documents in a way
that would infringe that copyright, for example, by making copies,
publishing and issuing copies to the public or to any other person. Brief
extracts of any of the material may be reproduced under the fair dealing
provisions of the Copyright, Designs and Patents Act 1988 (sections 29 and
30) for the purposes of research for non-commercial purposes, private
study, criticism, review and news reporting, subject to an acknowledgement
of the copyright owner.

Information Officer
City of London
Tel: 020-7332 1209
[3]www.cityoflondon.gov.uk

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William Thackeray

Dear Information Officer,

Thank you for your useful response to my FOI query. I'm going to send this one for internal review as I do not entirely agree with the exemptions applied, but I wanted to thank you nontheless for your time and attention on this matter.

Yours sincerely,

William Thackeray

William Thackeray

Dear Sir or Madam,

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

I am writing to request an internal review of City of London Corporation's handling of my FOI request 'Rates: CoL Scientology HQ'.

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

My reason for requesting an internal review is: I do not agree with all of the FOI exemptions which have been applied.

Dealing with each of the exemptions individually:

(1) Section 40(2) exemption (personal information)

I agree that this exemption applies, and I believe it can be satisfied by redacting personal details where appropriate (as CoL has done on the document already supplieD).

(2) Section 31(1)(d) exemption (prejudical to the assessment of tax)

I wish to make a public interest argument in respect of this exemption. My argument is:

a) As the Charities Commission has already made a written decision (pre-dating that of the CoL) that Church of Scientology Religious Education College Incorporated is not, for the purposes of charity law, a religion, it is in the public interest for the evidence which has caused the CoL to make a contrary decision to be published.

b) There is some evidence that specific UK registered charities may in effect be 'sham charities' working for the benefit of Church of Scientology Religious Education College Incorporated (which has itself been denied UK charitable status). It is therefore in the public interest for information to be published showing whether CoSREC Inc's support of certain specific UK charities was a factor in the CoL's decision.

(3) Section 41 exemption (info provided in confidence)

You say that the information "was imparted to the CoL in circumstances importing an obligation of confidence". What were these circumstances, and in what way did they import an obligation of confidence?

Thank you for your time and attention on this matter.

Yours sincerely,

William Thackeray

COL - EB - Information Officer, City of London Corporation

Thank you for your email (and previous one) of today.

By this email, your request for a review is copied to our complaints
officer. We aim to respond to FOI complaints within 20 working days from
the first working day after receiving the complaint.

Information Officer
City of London
Tel: 020-7332 1209
[1]www.cityoflondon.gov.uk

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TC - Complaints, City of London Corporation

Dear Mr Thackeray,

Freedom of Information Act 2000 (FOIA) - Complaint

The City of London (CoL) has considered your complaint made by email on
the 11 May 2009 in respect of your email request for information under the
FOIA made on the 7 April 2009 and our response to that request on the 8
May, also sent by email.

Our decision is that your complaint is unsuccessful.

You made the following request on the 7 April 2009:

"I refer to the recent Mandatory Relief application related to a property
at 146 Queen Victoria St. I believe it was submitted by the occupier of
the property "Church of Scientology Religious Education College Inc.
Please provide the application itself, plus any supporting documents or
other information which was submitted with it."

We provided some information to you with our response of the 8 May and
also indicated that the majority of the information which fell within your
request would not be disclosed as it was exempt pursuant to: FOIA section
31(1)(d) - prejudice to the assessment or collection of any tax or duty or
of any imposition of a similar nature; section 40(2) - personal data of
third parties; and section 41 - confidential information received from
third parties.

In your complaint of the 11 May you made certain counter arguments to our
reasoning for the application of the exemptions. The specific points
raised by you are set out below with our response to them:

"... My reason for requesting an internal review is: I do not agree with
all of the FOI exemptions which have been applied.

Dealing with each of the exemptions individually:

(1) Section 40(2) exemption (personal information)

I agree that this exemption applies, and I believe it can be satisfied
by redacting personal details where appropriate (as CoL has done on the
document already supplied)."

In principle personal data may be redacted. However, as the balance of the
information which includes the personal data is also exempt from
disclosure, for the reasons set out below, it is not possible to disclose
the documents with personal data redacted.

"(2) Section 31(1)(d) exemption (prejudicial to the assessment of tax)

I wish to make a public interest argument in respect of this
exemption. My argument is:

a) As the Charities Commission has already made a written decision
(pre-dating that of the CoL) that Church of Scientology Religious
Education College Incorporated is not, for the purposes of charity law,
a religion, it is in the public interest for the evidence which has
caused the CoL to make a contrary decision to be published.

b) There is some evidence that specific UK registered charities may
in effect be 'sham charities' working for the benefit of Church of
Scientology Religious Education College Incorporated (which has itself
been denied UK charitable status). It is therefore in the public
interest for information to be published showing whether CoSREC Inc's
support of certain specific UK charities was a factor in the CoL's
decision."

We note the points you make in response to the Partial Refusal Notice.
However, as stated in that Notice, while there is a public interest in
encouraging accountability and transparency by increasing public
understanding of the CoL's processes and decisions, this must be weighed
against other relevant factors such as the strong public interest in
allowing public authorities to undertake assessments for tax relief
without interference and it is important that there should be equity in
the way all ratepayers are treated. While certain members of the public
may have an interest in the conduct of the Church of Scientology this of
itself does not constitute a public interest argument supporting
disclosure (please see the Information Tribunal decision of Hogan v The
Information Commissioner, EA/2005/0026, EA/2005/0030).

" (3) Section 41 exemption (info provided in confidence)

You say that the information "was imparted to the CoL in circumstances
importing an obligation of confidence". What were these circumstances,
and in what way did they import an obligation of confidence?"

As noted in our Partial Refusal Notice, the information subject to this
exemption (being an absolute exemption) was provided to the City
Corporation on the basis that it would be kept confidential by the City
Corporation and would not be further disclosed.

If you are dissatisfied with the decision, you may request the Information
Commissioner to investigate.

The Information Commissioner is a Crown appointment, responsible for
monitoring compliance with the Freedom of Information Act. Please contact:
Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF. Telephone: (01625) 545700. Website: [1]www.ico.gov.uk

Yours sincerely

Corporate Complaints Officer
T: 020-7332 1410
City of London
[2]www.cityoflondon.gov.uk

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William Thackeray left an annotation ()

Complaint sent to ICO:

Some information not supplied. Internal review done, information still not supplied.
Full details: http://www.whatdotheyknow.com/request/ra...
Thank you.

COL - EB - Information Officer, City of London Corporation

1 Attachment

Dear Mr Thackeray,

Please find attached a communication to you on this matter at the request of the Information Commissioner's Office.

Yours sincerely,

Information Officer
City of London
Tel: 020-7332 1209
www.cityoflondon.gov.uk

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William Thackeray left an annotation ()

Attachment reads:

ICO Ref: FS50252171
On the 7 April 2009 you made a request for information under the Freedom of
Information Act 2000 (FOIAl as follows:
"I refer to the recent Mandatory Rate Reliefapplication related to a property at /./6
Queen Victoria St. / believe it was submitted by the occupier ofthe property "Church
ofScientology Religious Education College Inc ". Please provide the application
itself. plus any supporting documents or other information which 1\'as submitted with
it. :'
We prov ided you with some information on the 8 May 2009. You made a request for
an internal review of our Part ial Refusal Notice on the I I May and we advised you
that your compl aint was unsu ccessful on the 8 June 2009. You then complained to
the Information Commissioner' s Office .
After liaising with the Information Commissioner in this matt er we have been asked
to write to you. The City Corporation continu es to maintain that information provided
by the Church of Scientology Religious Education Inc (COSREC) and which was
reviewed or considered by the City in deciding whether to award mandatory rate relief
remain s exempt from disclosure. The Commissioner' s Office will take a decision
regarding this information. There is, however, some information which was reviewed
or considered by the City and which we can now discl ose to you. We will advise you
how you can access it below.
In engaging with the Commissioner's Office the Commissioner has taken the view
that other information provided by COSREC, but which was not reviewed or
considered by the City Corporation, in taking its deci sion also falls within the scope
of your request. As most of this information is in the public domain, or there is
otherwise no objection to its disclosure, we can also provide you with details of this
inform ation and how you can access it. This inform ation will be provided below.
Where inform ation is not, in the Commissioner' s view. readil y acce ssible and
therefore exempt from disclo sure under section 21 of the FOIA, the City will make
copies of this information available to you. Thi s information is highl ighted in red font
in the table below. Due to the volume of infonn ation the most practicable method of
communication is by post. The Commissioner has confirmed that as your request did
not specify your preferred method of communication the City is permitted to make the
inform ation available to you in this way. While the City has the power to charge you
the disbursement costs of providing you with copies of thi s informati on we will make
the information available to you free of charge. However, you will need to provide us
with a postal address. Altematively the City can provide this information by way of
inspection here at the Guildhall should you wish to contact us to arrange an
appointment during business hours (9 am - 5 pm, Monday to Friday). Further
information regarding inspection arrangements can be provided should you advise us
you wish to inspect the documents.
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Information reviewed and/or considered ill tak ing the decision to award relief
Document Availabilitv
1. Extract from lI ansard. The information can be found on the following webpagcs:
http://www.publications.parliament.uk/pa... I08/tex t/5 1I08-16.htm
http ://www.publications.parliament.uk/pa/ld200506/ldh ansrd/vo05 11 08/text/51 108-17.htm
2. Research Paper : The Congregational Services of Ava ilable, part, to the publi c as a Googlc Knol at http://knol.google.com/klcsi-rcsourcethe
Church ofScientology by Bryan Wilson and center/the-congregational-services-of: the/d94yulooejvb/28#. As the paper is not available in its
attached CV. entiret y the City will provide copies or mukc the information available fo r inspection.
3. List: Religious Bodi es and Organisations Declared While not quite in the same format as the document provided by COSREC, the information is
as Recognised Denomin ations under s 26 of the available on the Australian Government Attorney General's Department website at:
Marriage Act 1961 http://www.comlaw.gov.au/ComLaw/Legislat... l .nsf/C/Df FEOCA720 09
6005CA257 12 1007ED254/$file/F2005B03269.doc
4. COSREC's Constitution Available from Companies House but only at a charg e. As the paper is not available in its
entirety the City will provide copies or make the information available for inspec tion ,
In formation NO T reviewed or considered ill taking the decision to award relief
We can confirm that various booklets, leatl ets and one DVD are held, as well as a copy of text, photographs, newspaper articles and letters which were
displayed in the Scient ologists ' premi ses and a copy provided to the City. This information was not reviewed or considered by the City in taking its
decision to award mandatory rate relief.
The Commissioner is of the view that some of the inform ation is reasonably accessible to you by accessing the web via the internet addresses set out below
and is therefore exempt from disclosure under s 2 1. This information is listed in black font. While other inform ation is available in a different format on
these websites (i.e, not in booklet format) or from the relevant newspapers, not all of it is, and the Commissioner is of the view that that information is not
reasonably accessible to you in FOI terms. The City will provide a photocopy of this info rmation or make it available for inspection. This information is
listed in red font.
Some documents are not disclosed or will have personal data redacted in acco rdance with section 40(2) of the FOIA. Where this is the case this will be
noted (below) with reference to the document concerned. The reasons for applying this exemption arc set out below:
(a) The FOIA section 40(2 ) exemption (personal data) has been appli ed where the information relates to employees as the City considers that where
someone works and who their employer is, whether in the private or public sector, is personal data . The Information Tribunal has upheld this
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+,
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view. stating that "to release the name of an individual' s empl oyer wou ld be to release signilic ant personal data" (EA/2007/00 58). We consider
that disclosure would constitute a breach of the Data Protection Principles under the Data Protection Act 1998 (DPA). In this instance we
consider that Prin ciple I would be breached by discl osure i.e. the principle of fair and lawful pro cessing. Further, there is no general expectation
by publi c secto r staff, other than top managers, that their employer and place ofwork should automatically be disclo sed follow ing FOI requests.
(b) In addition, the FOIA section 40( 2) exemption (personal data) has been applied where the inform ation relates specifically to Scientologists as
the inform ation concerned identiti es these individu als as Scientologists and/or that they hold thes e beliefs. This information is sensitive
personal data (refer section 2(c) of the DPA) and disclo sure of this info rmation would contravene the First Data Protection Principle of fair and
lawful processing. The information was not prov ided on the basis that it would be released to the genera l public and the individuals concerned
have not consented to disclosure ofthis person al information to the general pub lic in response to an FOIA reques t.
(c) Furth er, the FOIA sec tion 40( 2) exemption has been applied where the information relates to photographs of third part ies as these members of
the public would have no expectation that their personal data would be processed by disclosure in response to a FOIA request and this would
contravene the First Data Protection Prin ciple offai r and lawful processing.
Document Type Document Name Availabilitv
5. Booklet Basics of organizing Part of the Seientology Handbook
http ://www.bridgepub.com/materials/scnh andbook.htm l?locale=en US
6. Booklet Bringing effective help to the http://www.scientologyreligion.org/pgOI5... l
community
7. Booklet Children (two copies provi ded) Part of the Scientology Handb ook
http ://www.bridgeDub.com/m aterials/scnhandbook.h tml?locale=en US
8. Booklet COCAINE A deadly road to personal http://www.drugti'eeworld.or g/#/pubIications/dIUgs/truth -about-dru gs-inla -set-english
rum http ://www.dmgs-inlo nll ation .orW
9. Booklet Communication Part of the Scientology Handbo ok
htt p://www.bridgeoub.com/materials/scnhandb ook.html ?locale=en US
10. Booklet The Components of Understanding Part of the Scientology Handbook
http://www.bridgepub.com/materials/scnha... ook .hllnl?locale=en US
11. Booklet Ecstasy: the traitor exposed http://www.dru gfreeworld. org/#/pu blications/dru gs/truth-about-drugs-info-set-english
12. Booklet The Emotional Tone Scale Part of the Scientology Handbook
http ://www.bridgepub.com/m aterials/scnhandbo ok.htm l?locale=en US
13. Booklet Ethics and the Conditions Part of the Scientology Handbook
http://www.bridgeoub.com/materials/scnha... l?loeale=en US
14. Booklet Fundamentals of Public Relations Part of the Scientology Handbook
http ://www.bridl1eouh.com/m aterials/scnh andbook.html ?locale=en US
15. Booklet A Guidebook to Peace Through The City will provide a copy of this info rmation or make it available for inspection.
J.
..,"....,
-rJ
Document Tvpe Document Namc Availability
Human Rights
16. Booklet Heroin: death in blood http://www.dJUgfreeworld.org/#/publ ications/drugs/truth-about-drugs-info-sct -english
17. Bookl et Integrity and Honesty Part of the Sci entology Handbook
http://www.bridgcpub.com/m aterials/scnhandbook .html?locale=cn US
18 . Booklet Know Your Human Right s Th e City will provide a photocopy of this in formation or make it available for inspection.
19. Booklet Marriage Part of the Scientology Handbook
http ://www.bridgepub.com/m aterials/scnhandbook .html?locale=en US
20 . Book let The Responsibilitie s of Leaders The City will provide a photocop y of this information or make it ava ilable for inspection.
21 . Booklet Say no to drugs - Say yes to life! The City will pro vide a photoc opy of this information or make it avai lable tor inspe ction.
22. Booklet Solutions tor a Dangerou s Part of the Scientology Handbook
Environment http://www.bridgcpub.com/m aterials/scnhandbook.html?local e=en US
23. Bookl et Targets and Goals Part of the Scientology Handbook
http://www.bridgepub.com/materials/scnha... .html?locale=en US
24. Booklet Teaching tru st, honesty and self- http://www.scient ologyreligion.org/pgOI5.htm l
respect
25 . Boo klet The Te chn ology of Study Putt of the Sci ent ology Handbook
http://www.bridgepub.com/materials/scnha... US
26. Booklet The Truth About Joints! http://www.drugs-infonnation.org/
27. Booklet The Way to Happiness - A Common htt ps://secure.thewaytohappiness.org/store/products/th c-way-to-happ iness- fiIm-dvd.html
Sense Guide to Better Livin g (two
copies pro vided )
28. Booklet What Are Human Rights? 30 Rights http://www.youthforhumanrights.or g/cducators/education-package-details.html
We All Have - No Matter What,
Special UNITED Edition
29. Booklet What are Human Right s? http://www.youthforhumanrights.org/educa... cation-package-details .htm l
30. Booklet 10 Things Your Friends May Not http://www.narconon. org/
Know About Drugs
31. Leaflet Thc New York Rescu e Workcrs The City will pro vide a photocopy of this info rmation or make it available for inspect ion.
Detoxifi cation Program
32. DVD - Film UNITED (In Germ an, subtitled III http://www.scientology.org/activity/huma...
English) http://www.humanri ghts.com/#/treeinfo/united- for-hurnan-rights-free -dvd-inform ati0 n
http://www.youthforhumanri ghts.org/educators/education-package-details.html
33 . Photographs Displays - Volunteer Mini sters in s 40(2) applied to whole document
Actio n; Volunteer Mini sters at Gro und
"l
Cl
-r-,
f
Document Type Document Name Availability
Zero
34. Photographs Displays - Charity Work 111 the s 40(2) applied to whole document
Community ; The Aims ofScientology
35. Photographs Display - Tackling the Drug Problem s 40(2) applied to whole document
36. Photograph s Display - Celebrities Making a s 40(2) applied to whole document
Diff erence
37. Photograph Volunteer ministers rai se over £400 s 40(2) applied to whole document
and Tex t for charity
38 . Lette r From the Royal Borough of Windsor s 40(2) applied to email address of public sector employe e and name of addressee. The City
and Maidenhead. dated 24 February will prov ide a photocop y of thi s redaeted information or make it available tor inspection.
2005.
39. Letter From the London Borou gh o f Ealing s 40(2) applied to name of addressee. The City will provide a photocopy of thi s redacted
info rmation or make it available to r inspection.
40 . Photographs Unknown s 40(2) applied to whole document
41 . Photograph s Unknown s 40(2) applied to whole document
42. Photograph s Unknown s 40(2) applied to whole document
43. Text ( I) Vol untee r Min isters give assi sts to Th e City will provid e a photocopy of this information or make it ava ilable to r inspection.
runners at the London Maratho n
44. Photographs Unknown s 40(2) applied to whole docum ent
45. Photographs London Marathon s 40(2) applied to whole document
46. Photograph s Lon do n Marath on s 40(2) annlied to whole docum en t
47 . Text (2) Volunteer Ministers give assi sts to The City will pro vid e a photocop y of this information or make it available for inspecti on.
runners at the London Marathon
48. Photographs London Marathon s 40(2) applied to whole docnment
49 . Photographs London Marath on s 40(2) applied to whole document
50 . Text ( I ) The Voluntee r Mini ster ' s Ce ntre s 40( 2) applied to name. Th e City will provide a photocopy of th is redacted info rmation or
comes to London make it available for inspection .
51. Photog raphs The Volunteer Mini ster' s Centre s 40(2) applied to who le document
52 . Tcx t (2) The Volunteer Mini ster' s Centre The City will provide a photocopy o f this information or make it available for inspection .
comes to Londo n
53. Photographs The Volunteer Minister ' s Ce ntre s 40(2) applied to whole document
54. Tex t (3) The Volunteer Minis ter' s Centre The City will provide a photocopy of this informat ion or make it available for inspe ction .
comes to London
55. Photograph s The Volunteer Mini ster' s Centre s 40(2) appli ed to whole document
56. Newspaper "We have an effect ive solution to tight Th e City will provide a photocop y of this information or make it availab le fo r inspection .
0Cl
--h
fl
Document Tvoe Document Name Availabilitv
article the menace of drugs" , Camden New
Journ al. dated 8 November :WOI .
57. Text Ch urch of Sciento logys " Say no to The Ci ty will provide a photocopy of th is information or make it av ailab le for inspection.
druus. say yes to life' campaign
58. Text "Drug free kids" set a good example s 40(2) applied to nam es. The City will pro vide a photocopy of this rcdacted information or
in the community mak e it avai lable fo r inspection.
59 . Phot ographs "Drugs Free Kid s" s 40 (2) applied to who le documen t
60. Photographs "Say no to drugs, say yes to life" s 40 (2) applie d to who le document
campaign
6 1. Newspaper "Campaign ge ts a ffi rm at ive ac tion". The City wi ll provide a photocop y of th is information or make it available for insp ection.
article West End Extra. dated 23-29
November 100 I .
62 . Text " Drugs Fee Kids" clean ups sprea d s 40(2) appli ed to nam es. The Ci ty wi ll pro vide a pho tocopy of this red acte d info rmation or
into Bloomsbury make it available for inspection.
63. Photographs "Drugs Free Kids" s 40(2) applied to who le document
64 . Newspape r "Music an d dan ce help s to battle drug The City wi ll pro vid e a photocop y of this in formation or make it avai lab le fill' insp ect ion .
ar ticle abuse" , The New Lon do n
Independ ent. dated 7 Decem ber 200 I .
65. Ph otographs "Drugs Free Ki ds" s 40(2) applied to who le documen t
66. Text Ch arit y wo rk performed by the s 40(2) applied to nam e. The City will pro vide a photocopy of this red ac ted in form ation or
Church of Scientology make it available for inspection.
67. Newspaper "Drug addiction - one man's story". The City wi ll provide a photocop y of th is inform ation or make it avai labl e fo r inspect ion.
article The New London Independent. dated
15 Februar y 2002.
68. Newspaper " Yo uth drug ed ucation and The Ci ty will provide a photocopy of this information or make it available fo r inspection.
article preven tion campa ign stresses
responsib ility and action" . The Local
Hampst ead Independ ent, dated 8
March 2002.
69. Text Church members suppo rt the drug s 40(2) applied to person al data. The City will provide a photocopy of thi s red ac ted
charitv Nareono n information or mak e it ava ilable for ins pection.
70. New spaper "Sohos 'Needle Alley' gets a fac eli ft The City wi ll provide a photocopy of this info rmation or make it availab le 1" :>1' inspection .
article - Community clean-up is everyone' s
business, undated.
71. Newspaper "Independent newspaper campaign The City will provid e a photocopy of this information or make it availahlc for inspectio n.
-P
o
-p
-f
Document Tvne Document Name Availahilitv
article against drug abuse - 10 things your
fri ends may not know about drugs.
Ca n yo u pa ss thi s drugs tcstT ,
und ated.
72. Text Ann Archer heralds the return of the The City will provide a photocopy of th is info rmation or make it availab le for inspecti on .
Scicntology anti -drugs exhibition
73 . Newspaper "Anne Archer opcns Church of The City will pro vid e a photocopy of thi s info rmation or make it av ailab le for inspecti on.
articl e Scicntology an ti-drugs exhibition".
The Local Ham pstead Independent.
dated 22 Septembe r 200 I .
74. Text Th e Jive Aces show life is mo re fun The City will provide a pbotocopy of thi s information or make it available for inspection.
witho ut drugs
75. Newspaper "The J ive Aces : A tigh t against The City will pro vide a pbotocopy of thi s information or make it av ailable for ins pect ion.
ar ticle drugs", The Local Hampstead
Independent , dated I September 200 I .
76 . Newspaper " Baro nes s Soujata Devari ss concert The City will provi de a photocop y of th is inform ati on or make it av ailable for inspecti on .
art ic le 111 aid o f Narconon", Thc Local
Hampstead Independ ent. dated
Christmas 200 I/New Year 2002.
77. Letter From the Great Ormond Street s 40 (2) applied to person al data. Th e City will pro vide a photocopy of this redactcd
Hospi ta l Children ' s Charity . dated 19 information or make it available for ins pect ion.
Jan uary 200 1.
78. Newspaper " lsaac Hayes hosts char ity conceit to Th e City wi ll provide a photocopy of this information or make it available fo r inspection .
articl e honour New York Firemen " , The
Local Ham pstead Ind epe ndent, dated
2 November 200 I .
79. Photouranhs Sq uare Mile Run; Unknown s 40 (2) applied to whole document

William Thackeray

Dear Anonymous Information Officer,

Many thanks for the additional information; I appreciate your help in this matter.

Please provide the following items in electronic format (this doesn't include any of the pamphlets which would obviously be time-consuming for you to scan):

2
3
4

38
39

43

47

50

52

54

56 to 58

61
62

64

66 to 78

Thank you again for your assistance in this matter.

Yours sincerely,

William Thackeray

COL - EB - Information Officer, City of London Corporation

Dear Mr Thackeray,

The City of London (CoL) writes further to your email dated 11 August 2010
@ 13.19 requesting certain documents be provided to you in electronic
format.

As you did not request the information be provided to you in a specific
format at the time you made your request the public authority is under no
obligation to consider a subsequent request for information to be provided
in a specified format, and further section 11 of the FOIA will not apply
(FS50094281; ICO's Awareness Guidance 29 - Means of communication (Version
2, dated 11 September 2008)). Nevertheless, the CoL considered whether it
was reasonable in the circumstances to provide the information in
electronic format. Unfortunately, due to the volume of information you
have requested it is not reasonably practicable to provide the information
to you in electronic format. The information you have requested comes to
around 60 pages in both A4 and A3, and in colour and in black and white.
In addition to the time that would be expended on scanning the copies, the
information could not be provided in one electronic file due to the size.
Further, valuable officer time would need to be expended to provide
multiple files which would then need to be sent by separate email to this
email address. The CoL has already offered to provide the information to
you in hard copy (at no charge) or by way of inspection and this offer
remains. The Information Commissioner's Office has advised us that if you
remain dissatisfied with the format we have proposed, as you did not
request the information be provided in a specific format at the time of
making your request, you must make a fresh request specifying exactly how
you require the information to be provided. The CoL would then need to
consider your request afresh. Please note that this is not the CoL's
preferred approach, and it would instead prefer the Commissioner deal with
any dispute over the format in which the requested information should be
provided in its Decision Notice (ICO Ref FS 50252171) relating to your
original request.

Regarding the copy of the information at Item 3 which you have requested,
this information was refused pursuant to section 21 as it is available at
the link provided. The Information Commissioner's Office has confirmed
that the CoL is therefore not obliged to provide you with a copy of this
information on this basis.

Yours sincerely,

Information Officer
City of London
Tel: 020-7332 1209
[1]www.cityoflondon.gov.uk

show quoted sections

William Thackeray

Dear Anonymous Information Officer,

Thank you for your reply in respect of my FOIA request.

It was obviously implicit in my provision of email contact details (but not postal mail contact details) in my original FOIA request that I wished to receive a reply by email.

CoL is doubtless aware (Tribunal case EA/2010/0088) that am not willing to disclose my postal address, due to a legitimate fear of harassment by members of Scientology against myself or my family (as other critics of Scientology have been similarly harassed).

Your refusal to provide this information in any other format than postal mail therefore, in my view, constitutes yet another obstructive tactic to avoid disclosing information. This long series of obstructive tactics is in clear breach of your FOIA legal duty to 'advise and assist' the applicant.

In respect of the cost of providing the information: I see no reason why scanning the information should be more expensive than photocopying it.

In respect of your point concerning the mix of colour and monochrome in the documents: I'm perfectly happy to have it all in monochrome.

As you have pointed out yourself, I could simply re-request this information with an FOIA request including an explicit statement that the information should be provided by email. Shall I do that now, or will you be providing the information?

Yours sincerely,

William Thackeray

William Thackeray

Dear Anonymous Information Officer,

I've checked with the team at whatdotheyknow.com, and it seems that my full FOIA request (i.e the whole of the email) included the following text:

"Please use this email address for all replies to this request: < email address > ".

So it seems that in fact I did, as part of my initial request, ask that your response to my FOIA request be in electronic format.

Please therefore provide the information in electronic format, as requested.

Yours faithfully,

William Thackeray

COL - EB - Information Officer, City of London Corporation

Dear Mr Thackeray,

Thank you for your communication of 17 August 2010 @ 11:12.

As we have explained, case law has confirmed that a format must be
expressly stated at the time a request is made in order to engage section
11. The CoL is happy to provide you with the information you have
requested (except that noted at Item 3) and have offered to provide the
information to you in hard copy or by way of inspection. We have already
explained to you that scanning the information into multiple files will
involve additional staff time greater than would be expended in making a
paper copy. To explain further, paper copies, which would need to be made
in the first instance to allow the redaction of exempt information, would
need to be re-copied (i.e. scanned) into an electronic format, they would
need to be scanned into more than one electronic file of a manageable size
to enable the information to be emailed, and a number of emails would then
need to be sent. We have also advised you that we would prefer not to have
you make a fresh request, specifically as we believe this will
over-complicate the management of the existing compliant you have with the
Commissioner (FS50252171) and further that we are happy to make the
information available to you (subject to the application of the quoted
exemptions).

With regard to your communication of 17 August 2010 @15:21, the
Commissioner's Office does not agree that your request specified how you
wanted the information communicated.

Regarding your comments as to the reasons for not providing your postal
address to the CoL, the CoL does not understand how arguments you raised
in that Tribunal case would apply to the CoL providing you with
information by post in response to a FOI request. The CoL is aware that
you have previously provided your postal address to the Home Office to
enable it to provide you with information requested under the FOIA (ie
your request dated 26 January 2010 on the 'Whatdotheyknow' website). The
name of a FOI applicant is rarely disclosed to a third party and the CoL
certainly would not disclose an applicant's private contact details,
including postal address, consistent with the CoL's duties under the Data
Protection Act 1998. At your request, the CoL could also treat your
contact details as being received in confidence, subject of course to any
overriding duty under the FOIA to disclose information (which would appear
to be unlikely to arise in this case). To inform us of your postal
address, you would be able to use the email address which you have been
using for communications to the CoL outside the Whatdotheyknow website or
the telephone number given below.

If you continue to insist that the requested information be provided in
electronic format, please be aware that in light of other commitments and
demands on our time, we would not be in a position to respond before the
31 August and further that the information would be provided in electronic
format in black and white A4 only to reduce the size of the electronic
files as much as possible. Please confirm this is satisfactory to you.
Alternatively, please submit a further FOI request as directed by the
Information Commissioner's Office.

In addition, please note that all correspondence regarding this matter, as
you have previously referred the case to the Information Commissioner,
will be copied to that Office.

Yours sincerely,

Information Officer
City of London
Tel: 020-7332 1209
[1]www.cityoflondon.gov.uk

show quoted sections

William Thackeray

Dear Anonymous Information Officer,

Yes, I'm continuing to say that I'd like it in electronic format please.

Re the request for electronic information: my mistake, that wasn't added to whatdotheyknow.com's boilerplate text until after the date of my request (now a year and a half ago).

Re the Home Office postal response: that was electronic information on CD-ROM sent to the postal address of whatdotheyknow.com, who accepted it on my behalf. Whatdotheyknow.com are not willing to do that on a regular basis (I've asked them).

I'm not happy to give my address at all in connection with this matter, as I believe there is a real probability of harassment to myself and my family from Scientology representatives, as many Scientology critics have found in the past.

Yours sincerely,

William Thackeray

COL - EB - Information Officer, City of London Corporation

Dear Mr Thackeray,

Further to your email of 17 August @ 18.59 we shall aim to provide the
information by the 31 August.

Yours sincerely,

Information Officer
City of London
Tel: 020-7332 1209
www.cityoflondon.gov.uk

show quoted sections

William Thackeray

Dear Anonymous Information Officer,

Many thanks.

Yours sincerely,

William Thackeray

William Thackeray

Dear Anonymous Information Officer,

I await your response on this matter.

Yours sincerely,

William Thackeray

COL - EB - Information Officer, City of London Corporation

3 Attachments

Dear Mr Thackeray,

The City of London (CoL) writes further to its email of 18 August
2010@17.28. Please find attached the information you requested which we
provide to you electronically in black and white A4 copies.

<<Doc 2.pdf>> <<Doc 4.pdf>> <<Docs 38 - 78 various.pdf>>

Please note, with reference to our previous correspondence sent by email
on the 11 August 2010@9.48, that personal data (being the names of
children) have also been redacted from document 76, relying upon section
40(2). The CoL is of the view that while this information would have been
published eight years ago in a local newspaper, the individuals concerned
would not have had an expectation that this information would have been
made available to the world at large on a public access to information
website and to release the information in this way we consider would
breach the First Data Protection Principle - fair and lawful processing.
Please note also that, where pages may appear cut off in any of the
attachments, and therefore information appears to be missing, this is how
the information is held by the CoL, ie the CoL does not hold the missing
information.

Yours sincerely,

Information Officer
City of London
Tel: 020-7332 1209
[1]www.cityoflondon.gov.uk

show quoted sections

William Thackeray

Dear Anonymous Information Officer,

Three documents recieved with thanks. Thank you for your time and attention on this matter.

Yours sincerely,

William Thackeray

Pietsch, Anne, City of London Corporation

Dear Mr Thackeray,

We are writing to advise you that the balance of information falling
within this request (that is the information additional to that which has
already been made available to you or is not otherwise exempt from
disclosure pursuant to section 40 and section 21 for the reasons
previously stated) has been posted on the City of London's website at:

[1]http://www.cityoflondon.gov.uk/Corporati....

In particular we note that the names of members of the Church of
Scientology (and in certain cases their address) have been redacted from
the documentation, relying upon the exemption set out in section 40(2).
An individual's religious beliefs (or other beliefs of a similar nature)
are defined as "sensitive personal data" under the Data Protection Act
1998 and as we consider disclosure of this information pursuant to a
Freedom of Information Act request would be an unfair interference in
those individuals' rights of privacy and would breach the First Data
Protection Principle - fair and lawful processing. In addition, also in
reliance upon section 40(2) a direct telephone number of a public sector
employee contained in a piece of more recent correspondence within the
documentation has also been redacted (refer letter from the City of
Westminster to COSREC's Solicitors, Hodkin & Co, dated 26 March 2004). We
consider it to be an unacceptable interference with an individual's right
of privacy to disclose this direct telephone number of an employee of
another public authority on the internet. Specifically, we note the
Information Tribunal's statement that "Disclosure under [the] FOIA is
effectively an unlimited disclosure to the public as a whole, without
conditions" (EA/2006/0011 & 0013), and that therefore disclosure of the
information could result in a loss of privacy for staff beyond that which
would be reasonably expected. We consider that our position is in
accordance with guidance on access to staff information published by the
ICO. We note that the ICO's own website does not provide individual staff
direct telephone numbers and this implies a high threshold for disclosure
of such information in relation to an authority which falls within the
scope of the FOIA.

Under the FOIA the section 40(2) exemption is an absolute exemption, i.e.
it is not subject to the public interest test. Without any prejudice to
any view the City may hold on whether or not it is proper nevertheless to
impute a public interest test into the FOIA section 40(2) exemption, we
argue as follows with regard to the application of any public interest.
We cannot identify any public interest arguments supporting the disclosure
of the names and other personal data of members of the Church of
Scientology in interference with their rights of privacy and which
personal data was provided to the authority without any expectation that
this information would be disclosed to a third party. On the contrary, it
is in the public interest to protect a private individual's rights of
privacy, particularly where it relates to the religious or other similar
beliefs of that individual. The public interest argument in favour of
disclosure of public sector direct telephone numbers would seem to be that
it would be in the public interest for any member of the public to have
direct contact with staff in a public authority on any matter at any
time. We consider, in the contrary, that it is necessary to pay due
respect to the privacy of employees in the public sector. We do not
consider that, because a body receives public funding to a greater or
lesser degree, its employees automatically forfeit rights of privacy
requiring their direct telephone numbers to be disclosed in this way
particularly as the main switchboard number for the public authority
concerned is available and has been disclosed in the relevant
correspondence.

The Information Commissioner has been informed of the disclosure and that
the information has been posted, as noted above. We have nothing further
to add regarding this matter and should you have any comments we recommend
you direct them to the Information Commissioner's Office. A copy of this
correspondence will be provided to that Office.

Yours sincerely,

Ms Anne Pietsch
Public and Corporate Law
for Comptroller and City Solicitor
City of London, PO Box 270, Guildhall EC2P 2EJ
PH: 020 - 7332 1633 (direct line)
FAX: 020 - 7332 1992
[2]www.cityoflondon.gov.uk

show quoted sections

William Thackeray left an annotation ()

Information Commissioner's Office published Decision Notice FS50252171 on 15 December 2010, which orders City of London to release document 33 (in redacted form) within 35 days.

Appeal to the Tribunal in progress re the remainder of the disputed information.

Pietsch, Anne, City of London Corporation

1 Attachment

Dear Mr Thackeray,

Further to the Information Commissioner's Decision Notice dated 15
December in the matter of FS50252171, please find attached a scanned and
redacted copy of "Document 33". You will be aware that this was listed as
"Document 37" in our letter emailed to you on the 10 August 2010 and
resent to you on the 11 August 2010.

<<Doc 33.pdf>>
Yours sincerely,

Ms Anne Pietsch
Public and Corporate Law
for Comptroller and City Solicitor
City of London, PO Box 270, Guildhall EC2P 2EJ
PH: 020 - 7332 1633
FAX: 020 - 7332 1992
[1]www.cityoflondon.gov.uk

show quoted sections