Who created and published the key to names within the Anna Klonowski Report?

Paul Cardin made this Freedom of Information request to Wirral Metropolitan 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.

Dear Wirral Metropolitan Borough Council,

Following correspondence with the Information Commissioner's Office I have received some more information. I am quoting from Decision Notice number FS50438500 which was published on 29th November 2012 and refers to the following FoI request:

http://www.whatdotheyknow.com/request/da...

The information I am referring to is as follows and appears under point 35 on page 8 of the decision notice document:

"The Anna Klonowski report was published in an anonymised fashion. It referred to officers by number rather than name. Subsequently however a ‘key’ was published on the internet identifying some of the officers within the report (but not all). The Commissioner understands that the publication of the key was not carried out by the council but by an individual or individuals acting independently from it."

Please provide the following:

1 Information containing name / position / role of the individual or individuals who carried out the publication of the key that is referred to

2 Information containing contact details i.e. phone number / email address of the individual or individuals who carried out the publication of the key that is referred to

3 Information containing name of the individual / individuals / organisation who created the key which can be found at this link:

http://democracy.wirral.gov.uk/documents...

4 As publication WAS carried out by the council here:

http://democracy.wirral.gov.uk/documents...

.....please provide information explaining the conflicting information that was provided to the Information Commissioner's office stating that others did it (final sentence of the above quote)

5 If the council created the information at this link in it's partly unredacted form, and / or published it, please provide information clearly stating this fact.

Yours faithfully,

Paul Cardin

Corrin, Jane, Wirral Metropolitan Borough Council

 

Dear Mr Cardin,

 

I refer to the request for information contained in your email of 8
February. Your request was as follows:-

 

Dear Wirral Metropolitan Borough Council,

Following correspondence with the Information Commissioner's Office I have
received some more information. I am quoting from Decision
Notice number FS50438500 which was published on 29th November 2012 and
refers to the following FoI request:

[1]http://www.whatdotheyknow.com/request/da...

The information I am referring to is as follows and appears under point 35
on page 8 of the decision notice document:

"The Anna Klonowski report was published in an anonymised fashion.  It
referred to officers by number rather than name. Subsequently
however a ‘key’ was published on the internet identifying some of the
officers within the report (but not all). The Commissioner understands
that the publication of the key was not carried out by the council but by
an individual or individuals acting independently from it."

Please provide the following:

1 Information containing name / position / role of the individual or
individuals who carried out the publication of the key that is referred to

2 Information containing contact details i.e. phone number / email address
of the individual or individuals who carried out the publication of the
key that is referred to

3 Information containing name of the individual / individuals
/organisation who created the key which can be found at this link:

[2]http://democracy.wirral.gov.uk/documents...

4 As publication WAS carried out by the council here:

[3]http://democracy.wirral.gov.uk/documents...

.....please provide information explaining the conflicting information
that was provided to the Information Commissioner's
office stating that others did it (final sentence of the above quote)

5 If the council created the information at this link in it's partly
unredacted form, and / or published it, please provide information clearly
stating this fact.

The response to your request is as follows:-

 

1.The key to the report referred to in your request was published by the
Council, following the decision to place it in the public domain, taken by
the Council when it met on 20 February 2012. The key was placed
electronically on the Council’s website, following that meeting by an
officer from Legal and Member Services. I consider that your request for
information concerning name/position/role of the individuals who carried
out the publication is exempt information under Section 40 (2) of the
Freedom of Information Act in that you are asking for information which
includes information about an individual, ie personal data, in respect of
which you are not the data subject. I consider that the disclosure of the
requested information would contravene the first data protection
principle, that personal data shall be processed fairly and lawfully, and
shall not be processed unless at least one of the conditions in Schedule 2
of the Data Protection Act 1998 is met.

 

I do not consider that any of the conditions in Schedule 2 would be met
and particularly Condition 6 of Schedule 2 in that the processing would be
unwarranted by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject referred to in your request and I
do not consider that such processing would be necessary for the purposes
of legitimate interests pursued by yourself as a third party, being a
member of the public. I do not consider that it would be fair to identify
an individual, who was carrying out their normal duties, not being of
sufficient seniority to justify publication of their personal data. This
is an absolute exemption and not subject to the public interest test.

 

2. I also consider that your request for information concerning contact
details, ie phone number/email address of the individual or individuals
who carried out the publication is exempt information under Section 40 (2)
of the Freedom of Information Act in that you are asking for information
which would enable you to identify an individual, ie personal data, in
respect of which you are not the data subject. I consider that the
disclosure of the requested information would contravene the first data
protection principle, that personal data shall be processed fairly and
lawfully, and shall not be processed unless at least one of the conditions
in Schedule 2 of the Data Protection Act 1998 is met.

 

I do not consider that any of the conditions in Schedule 2 would be met
and particularly Condition 6 of Schedule 2 in that the processing would be
unwarranted by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject referred to in your request and I
do not consider that such processing would be necessary for the purposes
of legitimate interests pursued by yourself as a third party ,being a
member of the public. I do not consider that it would be fair to identify
an individual, who was carrying out their normal duties, not being of
sufficient seniority to justify publication of their personal data. This
is an absolute exemption and not subject to the public interest test.

 

3. You have asked for the name of the individual/individuals/organisation
who created the key. I consider that the information you have requested is
exempt information under Section 41 of the Freedom of Information Act
2000, in that it was obtained by the Council as a public authority from
any other person, and the disclosure of the information to the public by
the Council would constitute a breach of confidence by that or any other
person. (Section 41 (1) (a) and (b) of the Freedom of Information Act
2000.)

 

I have had regard to the Awareness Guidance 2-information provided in
confidence, version 4 issued by the ICO on 12 September 2008. I have had
regard to the nature of the information which has been obtained by the
Council from any other person. I consider that if information were
disclosed in response to your request that any breach of confidence would
be actionable by the person to whom the duty of confidence was owed. I am
satisfied that the information has the necessary “quality of confidence”
referred to in Awareness Guidance No 2 and that an obligation of
confidence exists. I have therefore concluded that the Council owes a duty
of confidence and that the exemption contained in Section 41 applies to
your request. Although this is an absolute exemption under the Freedom of
Information Act 2000,  I also consider that the wider public interest in
maintaining this confidentiality outweighs the public interest in
disclosure. I have had regard to the interests of the person to whom the
duty of confidence is owed. The question is whether disclosure to the
public would be a breach of confidence. I consider that there would be
such a breach of confidence if information were disclosed to the public.

 

4. The Council does not hold information concerning the final sentence of
point 35 of decision number FS50438500 and I would suggest you contact the
Information Commissioner for clarification.

 

5. The Council did not create this information at the link you provided.
However, as stated above, the information was published by the Council.

 

I am therefore refusing your request for information under Section 17 (1)
of Freedom of Information Act 2000, relying on the exemptions contained in
Section 40 (2) and Section 41 of the Act. If you are dissatisfied with the
Council’s response, you have the right to ask for an internal review which
should be sent to Legal and Member Services, Wirral Borough Council, Town
Hall, Brighton Street, Wallasey, CH44 8ED , [email address].

 

If you are dissatisfied with this response to your request for
information, you also have the right to complain to the Information
Commissioner, who would normally expect you to have requested an internal
review before considering any complaint. The address is the Information
Commissioner’s Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire SK9 5AF

[4]www.ico.gov.uk

 

Tel -0303 123 113

 

 

Regards and sent on behalf of,

 

Rosemary,

Rosemary Lyon,

Solicitor,

0151-691-8141

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References

Visible links
1. http://www.whatdotheyknow.com/request/da...
2. http://democracy.wirral.gov.uk/documents...
3. http://democracy.wirral.gov.uk/documents...
4. http://www.ico.gov.uk/
http://www.ico.gov.uk/

Dear Wirral Metropolitan Borough Council,

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

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Who created and published the key to names within the Anna Klonowski Report?'.

I believe you are wrong to attempt to engage Sections 40 and 41 of the Act. As no form of accountability has arrived for proven repeated and serious failure over many years, the public interest in gaining access to this deliberately concealed information is greater than the public interest in continuing to withhold it.

There is a case building for central government commissioners to intervene at Wirral Borough Council in order to clean the place up.

There have also been demands for a public enquiry.

In other words, a large head of steam has built over time and one which dwarfs any justification for the continuing concealment of potential serious council malpractice.

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,

Paul Cardin

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Good Afternoon

Thank you for your further correspondence please see Wirral Councils
response attached.

Kind regards

Tracy O'Hare
Information Management
Wirral Council

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