Preparation for FOI coming into force at the start of 2005
Freedom of information request reference no: 01.FOI.23.032658
I note you seek access to the following information:
Information held which relates to preparation for FOI coming into force at the start of 2005.
I would therefore like to narrow down my request to just the following two boxes of material:
• RESOURCES DIRECTORATE FREEDOM OF INFORMATION ACT USER GROUP MEETINGS - MINUTES 2004 - Subject: DEPARTMENTS & BRANCHES
• FREEDOM OF INFORMATION ACT' DECISION MAKER' TRAINING COURSE Subject:POLICE EDUCATION
Please note that, given these are paper records, I would be willing to come to a convenient location and consult the records in person, if that would be easier for you.
Decision
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 40(2)&(3) - Personal Information
Reason for decision
A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under Freedom of Information, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual.
The documents requested contain personal data - these are names of individuals, signatures and addresses that I consider exempt under the Act.
Section 40(2)&(3) - Personal Information - of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b) and 3B of the Act.
There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the GDPR, the disclosure of personal data is considered to be lawful if:
a. There is a legitimate interest in the disclosure of that personal data.
b. The disclosure of the personal data is necessary to meet that legitimate interest.
c. The disclosure would not cause unwarranted harm to the data subject.
The requested records contain the following type of personal data that I consider exempt under the Act:
The names of staff, officers, individuals, including signatures and addresses. Also training documents with examples of names/addresses.
Having considered the release of this personal data, I have found, having considered the legitimate interest test, that:
a. The disclosure of the signatures would demonstrate that the officers endorsed the requested the relevant documents.
b. Signatures are a unique personal identifier that are used by individuals in all aspects of their personal lives. The disclosure of each signature is not necessary to meet this legitimate interest, as the place in which each signature was present, is evident within the disclosed record.
The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.
Disclosure
Please find attached redacted versions for the following documents:
Q1 - RESOURCES DIRECTORATE FREEDOM OF INFORMATION ACT USER GROUP MEETINGS - MINUTES 2004 - Subject: DEPARTMENTS & BRANCHES
These consists of 4 documents titled:
Final Front Cover
Final Contents Pg 1
Final Contents Pg 2
M Complete Final
Q2 - FREEDOM OF INFORMATION ACT' DECISION MAKER' TRAINING COURSE Subject:POLICE EDUCATION
13 Documents titled:
Final T – Front Cover
Final T – Contents Pg
T 11 – T 21 – Final complete