Waste and recycling collection dates

The request was partially successful.

Dear Boston Borough Council,

Please provide the following data, under FOI:

1) Waste and recycling dates for all properties, organised by address and postcode. Under Section 11 FOIA, I request that all data is provided in CSV format. A link to a web service does not meet my requirements: I need the source data. Please include the UPRN for each property. This is now permitted by the AddressBase licence. See https://www.ordnancesurvey.co.uk/about/n... for details.

2) All information required to convert schedule or week codes to calendar dates, including changes for bank holidays etc.

3) Details of any planned changes to the schedules.

Yours faithfully,

Matt Kane

FOI, Boston Borough Council

Thank you for your email.  If you are applying for information under The
Freedom of Information Act 2000 or the Environmental Information
Regulations 2004, your request is being processed and a response will be
sent to you within 20 working days from receipt of your request.  However,
if we require further clarification regarding your request we will contact
you as soon as possible. 

In the meantime, please accept this as an acknowledgement of your email.

Kind regards,

Boston Borough Council

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Michelle King, Boston Borough Council

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Thank you for your communication dated the 0 July 2017 where you asked the
following:

1)      Waste and recycling dates for all properties, organised by address
and postcode. Under Section 11 FOIA, I request that all data is provided
in CSV format. A link to a web service does not meet my requirements: I
need the source data. Please include the UPRN for each property. This is
now permitted by the AddressBase licence. See
[1]https://www.ordnancesurvey.co.uk/about/n...
for details.

2)      All information required to convert schedule or week codes to
calendar dates, including changes for bank holidays etc.

3)       Details of any planned changes to the schedules.

Under Section 1(1)(a) of the Freedom of Information Act 2000 we can
confirm that Boston Borough Council does hold the information specified in
your request.

1)      Waste and recycling dates for all properties, organised by address
and postcode. Under Section 11 FOIA, I request that all data is provided
in CSV format. A link to a web service does not meet my requirements: I
need the source data. Please include the UPRN for each property. This is
now permitted by the AddressBase licence. See
[2]https://www.ordnancesurvey.co.uk/about/n...
for details.

Please find attached part of the Data requested, our collections are
fortnightly, green is for residual and blue is for recycling. I have
attached a calendar so you are able to see any forth coming dates for the
collections. The list of UPRNs for each property are of all our
residential UPRNs with a live Council Tax cross reference attached to
them. We would advise that this data is to the best of our knowledge at
the present time and cannot be guaranteed to be 100% accurate or complete.
However, the list of addresses associated with these UPRNs has been
withheld from disclosure for the following reasons.

This information has been withheld under Section 21 (reasonably accessible
by other means) and additionally, Section 43 (Commercial Interests) of the
Freedom of Information Act (FOIA) 2000.

Section 21 of the Freedom of Information Act 2000 states that where the
information is reasonably accessible to the applicant by other means, the
right to request the information from a public authority under the Freedom
of Information Act 2000 does not apply. This information is available from
Ordnance Survey at [3]www.os.co.uk. The information has been supplied to
the Council under licence for a fee from Ordnance Survey and therefore
prevents us from releasing this information which is obtainable from
Ordnance Survey by any interested party for the relevant fee. Additionally
it would also be detrimental to Ordnance Survey’s commercial interests and
this is highlighted further below.

We also are of the view that Section 43 of the FOIA applies (Commercial
Interests) due to the impact that release of the information would have on
the commercial interests of the Council and Ordnance Survey. As Section 43
is a qualified exemption, in applying the exemption we have had to balance
the public interest in withholding the information against the public
interest in disclosure We are of the view that release would be
prejudicial, as the Council has obtained the information for a fee as part
of a licensing arrangement with Ordnance Survey. Ordnance Survey place
restrictions on this as part of the licence agreement and this would be
against the terms of our licence, potentially prejudicing the Council’s
relationship with Ordnance Survey.

In conclusion, we are of the opinion that the balance of public interest
favours non-disclosure of this information in all circumstances of the
cases at this time. 

Please note that further information on the Council’s waste service
including refuse and recycling can be found using the following link:
[4]http://www.boston.gov.uk/wasteandrecycling

2)      All information required to convert schedule or week codes to
calendar dates, including changes for bank holidays etc.

We currently use a waste management system to make any changes to the
current schedules, all that is needed is the scheduled date and the
replacement date. The scheduled dates are typed in to an exception
calendar which updates the system and the Post code finder online. After
the change it then reverts back to the normal schedule.

3)      Details of any planned changes to the schedules.

The only current changes we have are any fourth coming bank holidays
please see below.

Schedule Adjustment Name Schedule Date Replacement Date
Christmas 2017 10 05/01/2018 06/01/2018
Christmas 2017 9 04/01/2018 05/01/2018
Christmas 2017 8 03/01/2018 04/01/2018
Christmas 2017 7 02/01/2018 03/01/2018
Christmas 2017 6 01/01/2018 02/01/2018
Christmas 2017 5 29/12/2017 30/12/2017
Christmas 2017 4 28/12/2017 29/12/2017
Christmas 2017 3 27/12/2017 28/12/2017
Christmas 2017 2 26/12/2017 27/07/2017
Christmas 2017 1 25/12/2017 23/12/2017
August 2017 28/08/2017 26/08/2017

We trust that the information above completes your request in full,
however if we  can be of any further assistance, please contact us.  If
you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of the Council’s
decision, you should contact Michelle Sacks, Monitoring Officer and
Solicitor to the Council on 01205 314292 or by email at [5][email address]

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioner's Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire

SK9 5AF

  

Kind Regards

Freedom of Information

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This email may contain sensitive or personal data, please think before
including in any forwarded correspondence.
The information within this email is confidential. It is intended solely
for the addressee and access to this email by anyone else is unauthorised.
Such unauthorised use, disclosure, copying, distribution, any action or
inaction in reliance of it is strictly prohibited and may be unlawful.

If you have received this email in error:

 1. Notify the sender immediately
 2. Do not use or disclose the information in any way
 3. Delete the email from your system

References

Visible links
1. https://www.ordnancesurvey.co.uk/about/n...
2. https://www.ordnancesurvey.co.uk/about/n...
3. http://www.os.co.uk/
4. http://www.boston.gov.uk/wasteandrecycling
5. mailto:[email%20address]

Dear Boston Borough Council,

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

I am writing to request an internal review of Boston Borough Council's handling of my FOI request 'Waste and recycling collection dates'.

The address data was refused under section 21 as being available elsewhere, and section 43 as prejudicing the authority's relationship with Ordnance Survey. I believe both of these exemptions were incorrectly engaged.

1) ICO guidance states that the authority must take account of the cost of the information when engaging section 21. As the cost of the address data from Ordnance Survey is over £130,000 per year, I do not believe that this can be said to be reasonably accessible elsewhere.

2) Because I also requested permission for re-use under RPSI, you should ensure that you are releasing the full authority-created dataset under the Open Government Licence. ICO guidance states that even where a dataset is available elsewhere for the purposes of section 21, it should still be made available for re-use by the authority under RPSI. See here: https://ico.org.uk/for-organisations/gui...

3) The relationship between the authority and OS cannot be prejudiced by the release of the data, because it is not forbidden by the terms of the PSMA. Therefore section 43 should not be engaged. I am requesting address data that is created by the authority and held in the gazetteer. You can confirm with the OS that there is no restriction on the release of authority-owned LLPG data, or you can refer to the guidance from Geoplace here: https://www.geoplace.co.uk/documents/101...

Therefore I still require the full information as requested. You may exclude the postcodes, and just include the authority-owned addresses from your gazetteer.

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

Yours faithfully,

Matt Kane

FOI, Boston Borough Council

Thank you for your email.  If you are applying for information under The
Freedom of Information Act 2000 or the Environmental Information
Regulations 2004, your request is being processed and a response will be
sent to you within 20 working days from receipt of your request.  However,
if we require further clarification regarding your request we will contact
you as soon as possible. 

In the meantime, please accept this as an acknowledgement of your email.

Kind regards,

Boston Borough Council

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This email may contain sensitive or personal data, please think before
including in any forwarded correspondence.
The information within this email is confidential. It is intended solely
for the addressee and access to this email by anyone else is unauthorised.
Such unauthorised use, disclosure, copying, distribution, any action or
inaction in reliance of it is strictly prohibited and may be unlawful.

If you have received this email in error:

 1. Notify the sender immediately
 2. Do not use or disclose the information in any way
 3. Delete the email from your system

References

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FOI, Boston Borough Council

Thank you for your e-mail of 4 August 2017. We are sorry to hear that you
are unhappy with the response to your recent request for information under
the Freedom

of Information Act 2000 (FOI).

My understanding is that you disagree with the withholding of address
details under the Ordnance Survey licensing conditions and have asked that
all information requested be provided in the format requested.

As monitoring Officer I have reviewed and considered the following:

·         Your original request for information

·         The original response

·         Any exemptions applied

·         Your request for a review of the information provided

My final view

I have reviewed the case as an independent reviewer and my conclusion is
that I support the original decision not to supply you with the address
data. Ordnance

Survey will not allow Cornwall Council under their licence to release the
address data sought. The address data is already available in the public
domain to licence from

Royal Mail and Ordnance Survey. On this basis the information is exempt
under S21 of the Freedom of Information Act 2000.

If this does not resolve the matter to your satisfaction, you have the
right to apply directly to the Information Commissioner, the contact
details of whom are:

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Michelle Sacks

Corporate Director & Monitoring Officer

Boston Borough Council

Direct dial 01205 314292

Email  [1][email address]

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This email may contain sensitive or personal data, please think before
including in any forwarded correspondence.
The information within this email is confidential. It is intended solely
for the addressee and access to this email by anyone else is unauthorised.
Such unauthorised use, disclosure, copying, distribution, any action or
inaction in reliance of it is strictly prohibited and may be unlawful.

If you have received this email in error:

 1. Notify the sender immediately
 2. Do not use or disclose the information in any way
 3. Delete the email from your system

References

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1. mailto:[email%20address]

Hello,
Thank you. I will be taking this to the ICO, as you have not addressed any of my grounds for complaint, such as the cost of the OS/RM data or the fact that the licence does allow the release of authority-owned data from the gazetteer.

Regards,

Matt

FOI, Boston Borough Council

Thank you for your email.  If you are applying for information under The
Freedom of Information Act 2000 or the Environmental Information
Regulations 2004, your request is being processed and a response will be
sent to you within 20 working days from receipt of your request.  However,
if we require further clarification regarding your request we will contact
you as soon as possible. 

In the meantime, please accept this as an acknowledgement of your email.

Kind regards,

Boston Borough Council

[1]Logo

This email may contain sensitive or personal data, please think before
including in any forwarded correspondence.
The information within this email is confidential. It is intended solely
for the addressee and access to this email by anyone else is unauthorised.
Such unauthorised use, disclosure, copying, distribution, any action or
inaction in reliance of it is strictly prohibited and may be unlawful.

If you have received this email in error:

 1. Notify the sender immediately
 2. Do not use or disclose the information in any way
 3. Delete the email from your system

References

Visible links