Oxford City Council – Reference: 10556

Dear Mr Andrews,

Thank you for your email below. Your request was received on 6th November 2021 and you will be sent a response within 20 working days (of receipt) in accordance with the Freedom of Information Act 2000/ Environmental Information Regulations 2004 (EIR), subject to the information not being exempt or containing reference to a third party.

Yours sincerely,

Joyce Fagan
Information Governance Requests Officer

Joyce Fagan | Information Governance Requests Officer | Oxford City Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |

Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance. Get tested if you have symptoms.

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Oxford City Council – Reference: 10556

Dear Mr Andrews,

Further to the acknowledgement below, I can respond to your Freedom of Information Act 2000 request received on 6th November 2021 as follows

Please see attached.

Please be advised Under s.1(1)(a) FOIA I can confirm the Council does hold the start date and term of tenancy information. However, I consider this to be personal information. The Council has not received consent from the people concerned to disclose their details. To release this information would contravene the data protection principles contained in the Data Protection Act 2018. Therefore, I consider that Sections 40 (2) of the FOIA is engaged.

This email constitutes a Refusal Notice under section 17 of the Freedom of Information Act 2000 and exemptions under section 40 (2) of the FOIA is applied.

40- Personal information

(1)Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject.
(2)Any information to which a request for information relates is also exempt information if— (a)it constitutes personal data which does not fall within subsection (1), and (b)the first, second or third condition below is satisfied.

3A) The first condition is that the disclosure of the information to a member of the public otherwise than under this Act—
(a) would contravene any of the data protection principles, or
(b) would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded.
3B)The second condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene Article 21 of the GDPR (general processing: right to object to processing).
4A)The third condition is that—
(a)on a request under Article 15(1) of the GDPR (general processing: right of access by the data subject) for access to personal data, the information would be withheld in reliance on provision made by or under section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act 2018, or (b)on a request under section 45(1)(b) of that Act (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on subsection (4) of that section.

If you disagree with any part of the response to your request, you are entitled to ask the Council for an internal review of the decision(s) made. You may do this by writing to the Monitoring Officer, by either email – [email address] – or by post to Monitoring Officer, Oxford City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS. After the result of the internal review, if you remain dissatisfied, you may ask the Information Commissioner to intervene on your behalf. You may do this by writing to the Information Commissioner's Office, Wycliffe Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Joyce Fagan
Information Governance Requests Officer

Joyce Fagan | Information Governance Requests Officer | Oxford City Council | Law and Governance | St. Aldate's Chambers | Oxford | OX1 1DS |
Email: [email address] T: 01865 252 425 My working days are Mondays, Tuesdays and Wednesdays

Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance. Get tested if you have symptoms.

show quoted sections