whatdotheyknow FOI responses

Ganesh Sittampalam made this Freedom of Information request to Brent Borough Council

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.

Ganesh Sittampalam

Dear Brent Borough Council,

With reference to my previous request dated 17th December 2009 for FOI responses (http://www.whatdotheyknow.com/request/wh...), regarding your refusal to send FOI responses to @whatdotheyknow addresses:

Please could you send me a copy of any responses to such requests that have been prepared but have not been sent to the original request address. This should start from the first request not covered by my request of 17th December, but not include that request itself.

This would include both responses where you sent the response to an alternate address and responses that were not sent because the requestor has not supplied an alternate address or for other reasons.

If this request would breach the costs limit, then I request that you instead provide as many responses as you can within the costs limit, working forward from the start date. If you are also unable to do this for any reason, then as advice and assistance please tell me what date range you would be able to provide within the costs limit.

To be clear, the email address this request is coming from is my "address for correspondence" and I want the answer to be sent to it in electronic form.

Yours faithfully,

Ganesh Sittampalam

Ganesh Sittampalam

Dear Brent Borough Council,

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

I am writing to request an internal review of Brent Borough Council's handling of my FOI request 'whatdotheyknow FOI responses'.

You have failed to respond to my request within the statutory limit of 20 days.

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

Yours faithfully,

Ganesh Sittampalam

FOI, Brent Borough Council

Dear Sir

Please accept my apologies for the lack of response to your request.

I have registered your request for an Internal Review and a response will be sent to you within 20 working days.

Stephen Williams

FOI & DPA Consultant
for Brent ITU

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Williams, Stephenf, Brent Borough Council

Dear Mr Sittampalam

Thank you for your below communication.

Please note that the link to the site you provide does not appear to be functioning.

Having reviewed your request and our request for you to supply us with an alternative address to send your information, I have concluded that there is no reason to depart from the approach which we have explained to you previously. Consequently, your internal review is not upheld.

The council has not and is not refusing to respond to your request which, apart from the address provided, it accepts is valid, and is ready to supply the information requested.

The council does have an issue with using the 'whatdotheyknow' email address. By using this email address, all responses are automatically uploaded on the associated website without any apparent control. You cannot assume that you can use information on the Internet freely just because it is available and free of charge. It does not mean you necessarily have an implied license.

The making of a Freedom of Information request cannot invalidate the council's rights to control further use of its own information or abrogate any duty it may owe to third party copyright holders. The concern is that disclosing information in the manner requested would make the council complicit in any such breach. Responding to an email address that automatically publishes responses does not make it possible for the council to exercise any controls referred to under the new regulations governing the re-use of public sector information, which came into force in July 2005 (Statutory Instrument 1515).

We have advised you of the means and circumstances in which we consider it reasonable to communicate the information requested. I urge you to supply an alternative address so that the information can be sent.

If you remain dissatisfied you now have a right of appeal about our decision to the Information Commissioner. The Information Commissioner can be contacted as follows:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF; Telephone: 01625 545 700, www.informationcommissioner.gov.uk

Stephen Williams
FOI & DPA Consultant
Brent ITU

020 8937 1426

Floor 5
349-357 High Road
Wembley
HA9 6BZ

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Ganesh Sittampalam

Dear Williams, Stephenf,

I will be appealing to the Information Commissioner and I still expect the information I requested to be sent to this email address if he rules in my favour, but in the meantime please send a copy to [email address] - I note that you have stated that you are "ready to supply the information requested" and I therefore expect to receive it immediately.

Yours sincerely,

Ganesh Sittampalam

Trevor R Nunn left an annotation ()

A must read for those wanting Brent to respond to their FOI requests via this website.

http://www.ico.gov.uk/upload/documents/d...

Ganesh Sittampalam left an annotation ()

Brent eventually replied to my private email address saying that because I'd appealed to the ICO they weren't going to do anything more until that process was concluded. I have written back objecting.

Ganesh Sittampalam left an annotation ()

The original request (for info to be sent to WDTK) is now covered by FS50313965. Apparently Brent promised the ICO on 13th July that they would respond within 20 working days of that date.

Williams, Stephenf, Brent Borough Council

1 Attachment

Dear Mr Sittampalam

Further to recent correspondence with the Office of the Information
Commissioner I am writing to you to communicate the recorded information
which we are disclosing in response to the above request and the
subsequent appeal by you to the Information Commissioner.

We have searched for this information on our casework management system
against the details `whatdotheyknow' for the period 1^st September to
17^th December. This search returned the following cases.

544340

546163

556083

562704

563345

535300

Where information falling within the terms of the request was available at
the time of the request it is attached.

We have applied one exemption, Section 40(2) to redact the private address
details of requesters where appropriate and to redact the names of junior
or non public facing members of staff.

Section 40 (2) provides that personal data is exempt from disclosure if
disclosure would breach any of the data protection principles. In this
instance it is the first principle that would be breached. The first
principle requires that processing of personal data must be fair, legal
and in accordance with one of the conditions set out at schedule 2 to the
Data Protection Act. Disclosure of the identities of the persons
concerned would be unfair in the circumstances. We have also concluded
that none of the conditions for processing apply to disclosure of these
names. We have considered in particular condition 6, which requires the
legitimate interests of the persons to whom the information is to be
disclosed to be weighed against the rights of the individuals affected and
have concluded that disclosure in these circumstances is unwarranted.

The information has been zipped and password protected. The password is
available to you, the applicant, upon request .

Please note that the information provided may be subject to copyright and
you may require further permission from the Council to re-use it. If you
require further guidance please write to Raj Seedher, the IT Standards
Manager at [Brent Borough Council request email].

Yours sincerely

Stephen Williams

For Brent ITU

--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Williams, Stephenf, Brent Borough Council

1 Attachment

Dear Mr Sittampalam

Further to recent correspondence with the Office of the Information
Commissioner I am writing to you to communicate the recorded information
which we are disclosing in response to the above request and the
subsequent appeal by you to the Information Commissioner.

We have searched for this information on our casework management system
against the details `whatdotheyknow' for the period 1^st September to
17^th December. This search returned the following cases.

544340

546163

556083

562704

563345

535300

Where information falling within the terms of the request was available at
the time of the request it is attached.

We have applied one exemption, Section 40(2) to redact the private address
details of requesters where appropriate and to redact the names of junior
or non public facing members of staff.

Section 40 (2) provides that personal data is exempt from disclosure if
disclosure would breach any of the data protection principles. In this
instance it is the first principle that would be breached. The first
principle requires that processing of personal data must be fair, legal
and in accordance with one of the conditions set out at schedule 2 to the
Data Protection Act. Disclosure of the identities of the persons
concerned would be unfair in the circumstances. We have also concluded
that none of the conditions for processing apply to disclosure of these
names. We have considered in particular condition 6, which requires the
legitimate interests of the persons to whom the information is to be
disclosed to be weighed against the rights of the individuals affected and
have concluded that disclosure in these circumstances is unwarranted.

The information has been zipped and password protected. The password is
available to you, the applicant, upon request .

Please note that the information provided may be subject to copyright and
you may require further permission from the Council to re-use it. If you
require further guidance please write to Raj Seedher, the IT Standards
Manager at [Brent Borough Council request email].

Yours sincerely

Stephen Williams

For Brent ITU

--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Ganesh Sittampalam

Dear Williams, Stephenf,

Please send the password to this email address as it apparently forms part of your response to the request.

Yours sincerely,

Ganesh Sittampalam

Williams, Stephenf, Brent Borough Council

Dear Mr Sittampalam

Please provide a private email address, telephone number or other form of address that enables us to communicate your password to you in a secure manner.

Regards

Stephen Williams
For Brent ITU

show quoted sections

Williams, Stephenf, Brent Borough Council

1 Attachment

Dear Mr Sittampalam

Further to recent correspondence with the Office of the Information
Commissioner I am writing to you to communicate the recorded information
which we are disclosing in response to the above request and the
subsequent appeal by you to the Information Commissioner.

We have searched for this information on our casework management system
against the details `whatdotheyknow' for the period 17^th December 2009 to
24^th March 2010.

Where information falling within the terms of the request was available at
the time of the request it is attached.

We have applied one exemption, Section 40(2) to redact the private address
details of requesters where appropriate and to redact the names of junior
or non public facing members of staff.

Section 40 (2) provides that personal data is exempt from disclosure if
disclosure would breach any of the data protection principles. In this
instance it is the first principle that would be breached. The first
principle requires that processing of personal data must be fair, legal
and in accordance with one of the conditions set out at schedule 2 to the
Data Protection Act. Disclosure of the identities of the persons
concerned would be unfair in the circumstances. We have also concluded
that none of the conditions for processing apply to disclosure of these
names. We have considered in particular condition 6, which requires the
legitimate interests of the persons to whom the information is to be
disclosed to be weighed against the rights of the individuals affected and
have concluded that disclosure in these circumstances is unwarranted.

The information has been zipped and password protected. The password is
available to you, the applicant, upon request.

Please note that the information provided may be subject to copyright and
you may require further permission from the Council to re-use it. If you
require further guidance please write to Raj Seedher, the IT Standards
Manager at [1][Brent Borough Council request email].

Yours sincerely

Stephen Williams

For Brent ITU

--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

References

Visible links
1. mailto:[Brent Borough Council request email]

Ganesh Sittampalam

Dear Mr Williams,

Please send the password to this email address as it apparently forms part of the response to the request which you have already agreed to provide.

Alternatively please send the information without the password protection. I did not request it in this format and there seems no practical reason it is necessary.

Yours sincerely,

Ganesh Sittampalam

M Bimmler left an annotation ()

Would you mind asking your ICO contact for this case whether they approved the "password protected - password will not be sent to WDTK" method or whether this is yet another idea by Brent Council?

Ganesh Sittampalam left an annotation ()

M Bimmler: Done (along with a general complaint about their latest behaviour).

M Bimmler left an annotation ()

Similar fun here: http://www.whatdotheyknow.com/request/ne...

I now asked my ICO contact for a ruling by the ICO on this method

Trevor R Nunn left an annotation ()

It's about time the ICO stopped beating about the bush and sorted Brent out once and for all. This latest stunt is ridiculous.

Ganesh Sittampalam left an annotation ()

The ICO did respond and say they didn't approve or know of this latest tactic, btw.

Ganesh Sittampalam left an annotation ()

Apparently the ICO's enforcement department is now involved and my caseworker hopes to be able to advise me of the outcome of discussions with Brent on Monday.

Williams, Stephenf, Brent Borough Council

18 Attachments

Dear Mr Sittampalam

Please find enclosed an open copy of attachments relating to this
request. Further copies to follow.

Kind regards

Stephen Williams

FOI & DPA Consultant

Brent ITU

020 8937 1426

Floor 5

349-357 High Road

Wembley

HA9 6BZ

--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Williams, Stephenf, Brent Borough Council

7 Attachments

--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.