[Neil]

Originally Posted by Robert Owen

I am very much in favour of the Freedom Of Information Act. But I would ask one question to anybody on Accy Web.

If somebody was seeking information on you, do you not think that you have the right to ask why they want that information?

I am sorry but I don't see why you should have the right to know who is asking about you. After all you are part of the public body the Council so the act applies to you. Even some private emails you may send or recieve from your HBC email account could be requested under FOI see below

b) Personal written communications (emails, etc)

In most circumstances private emails sent or received by staff in the workplace would not be held by the authority as it has no interest in them. It will be a question of fact and degree whether a public authority does hold them, dependent on the level of access and control it has over the e mail system and on the computer use policies. It is likely to be the exception rather than the rule that the public authority does hold them.
Problems can arise with hybrid emails, those which contain a mixture of personal content and that relating to the duties of the employee. The information which falls within the latter classification is potentially disclosable, and so as part of good email management the formulation of such emails should be avoided.

Anyone contacting the Council by letter or email can always state it is in confidence and should not be disclosed as the info below says.

b) Circumstances where it may be unclear whether private information
would be subject to the Act.

There is a possible further category of information, namely information being deposited subject to conditions. In such cases it will often be considered incorrect to disclose information if there was a clear risk that the owner would demand its return or if the depositor had a reasonable expectation that disclosure would not take place. In these circumstances, the public authority which receives the request should check with the depositor, or surviving relatives, who will be able to advise the authority as to their wishes and expectations.
Where the depositor of the information objects to its disclosure, it will usually be found that an exemption can be applied to it . Exemptions which could apply are:
• Information available by other means;
• Personal Information;
• Information provided in confidence;
• Prejudice to commercial interests;
• Prejudice to effective conduct of public affairs

Furthermore, if the information is due for future publication (even at an unspecified date), there would be a good public interest argument to withhold its disclosure until that time if the owner or indeed other depositors would be likely to withdraw the information.