Monday, 16 February 2009
After the Full Council Meeting last Thursday, when I pointed out I had been waiting over the allowed 21 days for my information request to be answered, I have now received a determination of my request. What a surprise INFORMATION REQUEST DENIED!
The reasons for continuing to keep me under mushroom conditions (kept in the dark and sprayed with S**t) are given below. Please note its not even addressed to me personally but "Dear Sirs" so is probably the standard response sent by Hartlepool Council to anyone who dares to ask for information of any kind.
Further to your request for information I am now in a position to provide a response.
The Local Authority holds the information you have requested, however the information is being withheld as the following exemptions apply: -
Section 44 – Disclosures prohibited by another piece of legislation
Section 44 (1) (a) provides for the exemption of information where its disclosure is prohibited by other legislation. As the information requested is exempt information under Schedule 12A of the Local Government Act 1972, it can not be disclosed.
Section 41 – Confidential Information
The information you have requested contains confidential information that has been obtained from an outside organisation. It is considered that disclosing the confidential report provided by the external agency would constitute an actionable breach of confidence.
Section 40 – Personal Information
Part of the information requested contains third party personal information and is exempt from disclosure under section 40 of the Act. Disclosure of this information would breach the first principle of the Data Protection Act 1998. The first principle requires that data must be processed fairly and lawfully. Processing of personal data includes disclosure to another party. It is considered that disclosure of the information requested would be contrary to the third parties expectations of how the information would be further processed.
Public Interest in Disclosure
The Authority has considered the decision in Commons v IC & Leapman, Brooke and Thomas (EA/2007/0060 etc.; 26 February 2008.) by applying the following test: -
• Is there a legitimate public interest in disclosure?
• Is the disclosure necessary for that legitimate public interest?
• Is the disclosure nevertheless unwarranted because of an excessive or disproportionate adverse effect on the legitimate interests of the individual(s) concerned?
Given all the circumstances in this case, the Authority considers that it would not be in the public interest to disclose the information requested.
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original request and should be sent to Chief Executives Department, Legal Services Division, Level 3, Civic Centre, Hartlepool, TS24 8AY, firstname.lastname@example.org.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, www.ico.gov.uk.