Freedom Of Information Act.

Neil · 14-01-2006, 08:52

This was mentioned on another thread. I was going to comment on it but decided instead of being off thread I would start my own.

Quote:

Originally Posted by Gayle

Yes, the Freedom of Information Act ensures that all documents are available to the public.

Not quite all documents, this is from the HBC website

Quote:

Exempt information
Some information held by the Council is exempt from publication, either under the Freedom of Information Act or other legal provisions. The Council does not intend to make public under the Publication Scheme information which:

· if disclosed would breach any of the principles of the Data Protection Act 1998
· has been given to the Council with an expectation of confidentiality
· if disclosed would prejudice civil or criminal law enforcement by the Council
· if disclosed would prejudice the collection of Council Tax
· if disclosed would endanger any individual's health or safety
· if disclosed would prejudice the Council's, or someone else's commercial interests
· is contained in documents filed with a court for the purposes of proceedings
· is contained in documents created for the purposes of an enquiry or arbitration
· is subject to legal professional privilege
· the Council is required not to publish under any other legal provision

I would recommend anyone who emails or writes to the Council to put a line at the beginning stating something like "This correspondence is strictly confidential and I expect it to be excluded from any Freedom of Information requests as stated in your Publication Scheme".
It would also appear that if you attend a public meeting and sign the attendees list so minutes etc can be sent to you, that your personal information can be requested under Freedom Of Information. Personally I think that is a breech of the Data Protection Act but HBC don't think so.

What do you think?
Do you want any Tom, Dick or Harry knowing which meetings you did or did not attend?

Mick · 14-01-2006, 09:30

The only meeting i go to is the Accyweb meetings

garinda · 14-01-2006, 11:27

After three visits to HBC offices, I've just recieved a wordy [read waste of paper] letter stating that I owe an extraordinary amount of council tax. The numpties have mixed up the figure of my annual private pension as weekly income.

I will be sure to state the advised information before I start shouting at them on Tuesday.

Gayle · 14-01-2006, 12:02

You're right in one respect to warn people Neil. I asked for some information a short while ago and I did expect them to refuse me under the data protection act but surprisingly they gave me the info I wanted!

Neil · 14-01-2006, 12:14

Quote:

Originally Posted by Gayle

You're right in one respect to warn people Neil. I asked for some information a short while ago and I did expect them to refuse me under the data protection act but surprisingly they gave me the info I wanted!

Why, did the info you wanted personally identify people who gave it in good faith and did not expect it to be given out to whoever might ask for it?

garinda · 14-01-2006, 12:16

The whole thing is really scary when you think about it.

Orwell was just twenty odd years out when he wrote 1984.

Gayle · 14-01-2006, 12:23

Yes, that's why I was extremely surprised that they volunteered the information so readily.

As it happens, I've disposed of the list they gave me already. I only needed it to check one point and that was answered and confirmed my suspicions so I really don't need to take it any further.

Neil · 14-01-2006, 12:33

Quote:

Originally Posted by Gayle

Yes, that's why I was extremely surprised that they volunteered the information so readily.

Maybe your parents could sue HBC for giving you their names and addresses.

Gayle · 14-01-2006, 12:35

Now, how would you know that I asked for a list that my parent's name might be on? Surely my request for information should also have been confidential too but that's HBC for you!

Neil · 14-01-2006, 12:38

Quote:

Originally Posted by Gayle

Surely my request for information should also have been confidential too but that's HBC for you!

Did you ask for it to be confidential? Maybe I requested under The Freedom Of Information Act copies of all correspondence between yourself and HBC.

Gayle · 14-01-2006, 12:41

Quote:

Originally Posted by Neil

Did you ask for it to be confidential? Maybe I requested under The Freedom Of Information Act copies of all correspondence between yourself and HBC.

Good point, I'm afraid I didn't - but then again did anyone tell the people who signed the list that it would be confidential either?

PS - why have I not had notification of the next meeting, I thought I'd asked to be kept on the mailing list by signing the form at the fun day!

garinda · 14-01-2006, 12:43

More twists than an Agatha Christie.

Thought it was FRIENDS of Rhyddings Park?

Neil · 14-01-2006, 13:41

Don't worry Gayle I have not requested anything. It would be easy for anyone to do though wouldn't it? Out of courtesy I was informed that someone had , under Freedom of Information, requested info regarding the early meetings called by HBC. I was told no details. I just had a little guess.

Quote:

Originally Posted by Gayle

PS - why have I not had notification of the next meeting, I thought I'd asked to be kept on the mailing list by signing the form at the fun day!

Letters have gone out 2nd class and I posted some local ones (to save pennies). Meeting is 7pm Wednesday 25th January in the Craft Room at the Civic Theatre again.

Gayle · 14-01-2006, 13:59

Aaaaarrrrgh - In that case could you pass on my apologies as we've got the auditions for the next Oswaldtwistle Players production on that very same night. So sorry, once again I miss a meeting.

Not that I'm going to go for a part in this one, but I need to be there as Secretary to make sure things go ok.

Gayle · 14-01-2006, 14:11

Quote:

Originally Posted by Neil

Don't worry Gayle I have not requested anything. It would be easy for anyone to do though wouldn't it? Out of courtesy I was informed that someone had , under Freedom of Information, requested info regarding the early meetings called by HBC. I was told no details. I just had a little guess.
Letters have gone out 2nd class and I posted some local ones (to save pennies). Meeting is 7pm Wednesday 25th January in the Craft Room at the Civic Theatre again.

Actually, I don't think it would be that easy to ask for any correspondence that any individual has had with the council. I think that would be too big a question over too many departments, even under the FofI act you do have to be quite specific about the information that you want.

As for getting info about the FofRP group, I thought they would have mentioned it to you as you are the chair after all! For information - the two things I asked for were a complete list of attendees at the meetings and a copy of the constitution. Like I said, I didn't expect them to send me the list because I expected them to use the data protection act as a reason but they did send the list to me. As I said, I've disposed of the copy they sent to me anyway.

I got all the information that I need from those two documents but I'm not planning on doing anything with the information - it was simply to confirm for my own peace of mind something that I suspected.