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The Information Governance Team.
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Thank you for contacting the Information Governance Team at North
Yorkshire Council (NYC).

If you have submitted a Freedom of Information request then please accept
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 Dear Bob Roberts

Thank you for your Freedom of Information request, case reference
202301087, dated 03/06/2023 regarding RNLI Lifeguard Services. 

Please be aware that as you are requesting environmental information the
council has processed your request as an ‘Environmental Information
Regulations’ request as opposed to a Freedom of Information Request. This
is because environmental information is exempt from disclosure by virtue
of Section 39 of the Freedom of Information Act 2000.

Please see attached North Yorkshire Council's response to your request.

Please note we have attached the accompanying statement issued 22.05.23 to
provide context to the correspondence.  The documents disclosed contain
the personal data of individuals involved in correspondence related to
bathing advice for South Beach Scarborough. This information is exempt
from disclosure by virtue of Section 12(3), 13(1) and 13(2) of the
Environmental Information Regulations 2004 (amended by Schedule 19(307) of
the Data Protection Act 2018), where disclosure would breach one or more
data protection principles specified by Section 5(1) of the General Data
Protection Regulation (UKGDPR). In this case we consider that disclosure
would breach the first principle, namely that personal information must be
processed lawfully, fairly, and in a transparent manner in relation to the
Data Subject. In this case we consider that the disclosure would be unfair
and none of the conditions for processing, listed in Articles 6 and 9 of
the UKGDPR, would be
met.

All exceptions prescribed by the Environmental Information Regulations are
‘qualified exceptions’ which means that their application are subject to
the Public Interest Test which I have conducted accordingly. Individuals
have a right to privacy and we consider the information being withheld to
be personal data of a RNLI staff member. There is a public interest in
promoting accountability and transparency for Council decisions.

Having considered the public interest, the Council’s decision is therefore
to withhold the information at this time.

Please find attached the council’s information governance appeals
procedure for your information. Please remember to quote the reference
number above in any future communications.

Kind regards

Anita

Anita Walls (Mrs)

Environment Directorate

North Yorkshire Council

Environment Directorate

County Hall

Northallerton

DL7 8AD

Telephone: 0300 131 2 131

Email: [1][email address]

Web: [2]www.northyorks.gov.uk

OFFICIAL

From: "Bob Roberts" <[3][FOI #987043 email]>

Sent: 03 June 2023 15:30
To: "Infogov - Veritau" <[4][email address]>
Subject: Freedom of Information request - RNLI Lifeguard Services
This email originated from outside of the organisation. Do not click links
or open attachments unless you recognise the sender and know the content
is safe.

Dear North Yorkshire Council,

Please provide copies of all correspondence (including digital) between
NYC /SBC and the Royal National Lifeboat Institution Lifeguard services as
of 1st January 2023.
The correspondence should include any advisories given to the RNLI with
regard bathing water quality information.

Yours faithfully,
Bob Roberts
07774 719 379

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