Totals for Subject Access Requests and FOI Section 40(1) Exemptions in 2016

The request was successful.

Dear Aberdeen City Council,

I would like to make an FOI request for the following pieces of information:

1) How many Subject Access Requests did you receive in the year Jan 1st 2016 to Dec 31st 2016 (or your equivalent business/financial year), and;

2) How many FOI Section 40(1) exemptions did you employ during this same time period?

Yours faithfully,

Nick Jackson

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Jackson,

 

Thank you for your request for information, made under Section 1(1) of the
Freedom of Information (Scotland) Act (FOISA), and received on 02 October
2017.

 

We would like to ask you to clarify your request so that we can identify
and locate the information which you have requested. Under Section 1(3) of
the FOISA, we do not have to supply you with the requested information
until you have provided us with more detail in this respect.

 

2) How many FOI Section 40(1) exemptions did you employ during this same
time period?

 

Freedom of Information Act 2000 Section 40(1) is referring to ‘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.’  In Aberdeen City Council, we follow the Freedom of
Information (Scotland) Act 2002 where Section 40 is ‘Audit functions’.

 

We would be extremely grateful if you could clarify the actual exemption
which you are looking for.

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in.  Please note we will keep
your request on file for 20 working days whilst we await your
clarification.  It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Salomeh Kheyri Rad

Information Compliance Officer

 

Information Compliance Team
Customer Service
Corporate Governance
Aberdeen City Council
3^rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

[2]www.aberdeencity.gov.uk

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
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If you receive this email in error, notify the sender by reply email,
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Whilst we take reasonable precautions to ensure that our emails are free
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References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Salomeh,

Many thanks for your swift reply. To clarify, I am seeking the number of exemptions made under the Freedom of Information Act 2000; "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".

Yours sincerely,

Nick Jackson

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Jackson,

 

Information enquiry reference FOI-17-1406.

 

Many thanks for your recent clarification of your information request,
which we received on 4 October 2017. 

 

The scheduled date for our response to your request for information is on
or before 1 November 2017.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Anna Buchan

Information Compliance Officer

 

Information Compliance Team
Customer Service
Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Jackson,

 

Thank you for your clarified information request of 4 October 2017. 
Aberdeen City Council (ACC) has completed the necessary search for the
information requested.

 

I would like to make an FOI request for the following pieces of
information.

 

1) How many Subject Access Requests did you receive in the year Jan 1st
2016 to Dec 31st 2016 (or your equivalent business/financial year), and;

128 SARs were received in 2016.

 

2) How many FOI Section 40(1) exemptions did you employ during this same
time period?  To clarify, I am seeking the number of exemptions made under
the Freedom of Information Act 2000; "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".

None, with regards to Section 40(1) of the 2000 Act.  As ACC is a Scottish
local authority, we are subject to the Freedom of Information (Scotland)
Act 2002 (FOISA) and not the Freedom of Information Act 2000.  Therefore
Section 40(1) of the 2000 Act does not apply to ACC.

 

Under our duty to provide advice and assistance, we would like to advise
that the number of requests refused under Section 38(1)(a)(i) of FOISA,
‘information is exempt information if it constitutes personal data of
which the applicant is the data subject’, for the year 1 January 2016 to
31 December 2016 was 65 requests.

 

No requests were refused under Section 40 relating to ‘Audit Functions’ of
the FOISA.

 

We hope this helps with your request.

 

Yours sincerely,

 

Anna Buchan

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

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