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FOIA3349 Response I Can State That the Council Does Hold Information Relevant to Your Request, However Our IT Department Inform

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FOIA3349 Response I Can State That the Council Does Hold Information Relevant to Your Request, However Our IT Department Inform FOIA3349 Response I can state that the Council does hold information relevant to your request, however our IT department inform me that this information is not available prior to May 2011. I therefore attach 2 excel files setting out the information held by the Council. The first details emails from SIV email addresses to Scarborough Council email addresses, and the second details emails from Scarborough Council email addresses to SIV email addresses. Please note that it is our position that some of the information is exempt from disclosure, specifically under section 40(2) of the FOIA which relates to third party personal data. The information to which this exemption relates has been replaced with the word ‘REDACTED’ which is also coloured red. The relevant parts of section 40 of the FOIA state: (2) Any information to which a request for information relates is also exempt information if— (a) it constitutes personal data which do not fall within subsection (1), and (b) either the first or the second condition below is satisfied. (3) The first condition is— (a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of “data” in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under this Act would contravene— (i) any of the data protection principles, or (ii) section 10 of that Act (right to prevent processing likely to cause damage or distress), and (b) in any other case, that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles if the exemptions in section 33A(1) of the Data Protection Act 1998 (which relate to manual data held by public authorities) were disregarded. (4) The second condition is that by virtue of any provision of Part IV of the Data Protection Act 1998 the information is exempt from section 7(1)(c) of that Act (data subject's right of access to personal data). I am mindful that you were critical about the length of the Council’s detailed response to a previous request, and in that respect I have sought to keep this response concise. The information that has been redacted constitutes third party personal data, such as names and information relating to pay, sickness and conduct of employees, and names and personal data relating to customers who have given feedback about their experiences. As per section 40 FOIA set out above, the Council must consider whether the disclosure of the information would contravene any of the data protection principles as set out in the Data Protection Act 1998 (DPA). The ICO guidance (which can be accessed at the ICO website www.ico.org.uk) states that the only principle likely to be relevant is the first data protection principle, which reads: “Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless- (a) at least one of the conditions in Schedule 2 is met, and (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.” The first step in considering whether the first principle is satisfied is to consider whether disclosure of the personal data into the public domain would be fair. The ICO guidance lists the following considerations relevant to fairness: whether the information is sensitive personal data; the possible consequences of disclosure on the individual; the reasonable expectations of the individual, taking into account: their expectations both at the time the information was collected and at the time of the request; the nature of the information itself; the circumstances in which the information was obtained; whether the information has been or remains in the public domain; and the FOIA principles of transparency and accountability; and any legitimate interests in the public having access to the information and the balance between these and the rights and freedoms of the individuals who are the data subjects. Firstly, some of the redacted information is sensitive personal data, in that it relates to an individual’s physical or mental health or condition (sickness information). The various data subjects have an obvious and reasonable expectation that their personal data is only processed for the purpose it was collected. Employees (who in this instance are relatively junior) would not expect that information about their employment relationship would be disclosed into the public domain. Further, neither would persons who have given feedback (whether good or bad) expect their personal data to be disclosed into the public domain. Certainly the disclosure of employees’ personal data into the public domain would cause those data subjects concerned distress. I am struggling to identify any sensible legitimate interests in the public having access to the personal data in question. Any interest would be more akin to curiosity and not for some justifiable reason. It is the Council’s position that the disclosure of the personal data concerned into the public domain would not be fair and would therefore breach the first data protection principle. In consequence it is exempt from disclosure. SUBJECT RE: Marketing Sheffield. RE: Exterior Spa lighting still not working. URGENT RE: Exterior Spa lighting still not working. URGENT Scarborough and District Sports Council 2014 Annual General Meeting and Sports Awards - Spa Contract RE: Exterior Spa lighting still not working. RE: Exterior Spa lighting still not working. RE: Scarborough and District Sports Council 2014 Annual General Meeting and Sports Awards Re: Legends of Pop Tickets - Complaint RE: wasps RE: wasps bell tower RE: 23 November. Footy manager show 23rd Nov 23 November. Jazz Festival Survey RE: Scarborough In Bloom - Catering RE: Scarborough Spa - meeting on site Entertainment Listings for Scarborough Spa and Whitby Pavilion Cliff lift urgent carrage door repair on North Car RE: P1 Powerboat Meeting - Tuesday 19th August 2014. RE: Scarborough and District Sports Council 2014 Annual General Meeting and Sports Awards Automatic reply: Unison Branch Executive Meeting (Revised Date) Parking Ticket RE: Pop Legends SOAT 2.08.14 sales figures Rotas 18 Aug - onwards cabinet Statement car parking money Peasholm booking form for Julie Wood spa Spa spa New Shows On Sale: Heaven 17, Jethro & Limehouse Lizzy plus don't miss Whitby Folk Week at Whitby Pavilion New Shows On Sale: Heaven 17, Jethro & Limehouse Lizzy plus don't miss Whitby Folk Week at Whitby Pavilion New Shows On Sale: Heaven 17, Jethro & Limehouse Lizzy plus don't miss Whitby Folk Week at Whitby Pavilion sales figures Purchase Order 1117694 Version 1 Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend. Opera returns to Scarborough Spa & don't miss Elvis On World Tour & The Summer Rockin' Event at Scarborough Spa this Weekend.
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