Thursday, April 13, 2006

Decision notice update

Case Ref: FS50087619
Date: 10/04/06
Public Authority: Driving Standards Agency
Summary: On 22 June 2005 the complainant requested information relating to how the Approved Driving Instructor Register exercises discretion and decides what constitutes a fit and proper person. The DSA responded by stating that there is no definitive answer to what constitutes a fit and proper person, but explained to the complainant that the term was referred to in the Road Traffic Act 1998 and supplied the relevant extract; the complainant was not satisfied with this response and complained to the Commissioner. Following an investigation by the Commissioner the DSA explained that the ADI register made decisions based on the merits of each case and on all the information available to him. The Commissioner accepts the DSA's explanation that sets of guideline or would be too restrictive on the work of the registrar. The Commissioner has therefore decided that the DSA have dealt with the complainant's request in accordance with section 1 of the Act.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50087619

Case Ref: FS50076850
Date: 21/03/06
Public Authority: Architects Registration Board (ARB)
Summary: On 12 April 2005 the complainant requested a copy of a letter detailing the Register's decision relating to a complaint about one of the ARB's members. On 12 May 2005 the ARB refused the request on the grounds that the exemption under section 41 (information provided in confidence) applied. The Commissioner has decided that the ARB misapplied section 41, and in refusing disclosure and failing to respond substantively within 20 working days, they did not deal with the complaint's request in accordance with the requirements of the Act. However, as the information was subsequently provided, there are no further steps required.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, s.41 - Complaint Upheld
Full Transcript of Decision Notice FS50076850

Case Ref: FER0071799
Date: 11/04/06
Public Authority: UK Trade & Investment (UKTI)
Summary: Several documents were disclosed in response to a request for information concerning the West Africa Gas Pipeline and the Chad/Cameroon Petroleum Development and Pipeline project. However, UKTI withheld various documents on the grounds that their release would be prejudicial to the effective conduct of international relations and that they contained personal data. The Commissioner examined the documents and considered that release of the information would be detrimental to both relationships between the UK and other states, and to working relations between the government and international financial institutions. These outcomes would in turn affect the government's ability to protect and promote the UK's interests overseas. The Commissioner therefore decided that the withheld documents should not be released.
Section of Act/EIR & Finding: FOI s.27 and s.40 - Complaint Not Upheld, EIR 12(5)(a) - Complaint Not Upheld
Full Transcript of Decision Notice FER0071799

Case Ref: FS50066908
Date: 10/04/06
Public Authority: Bristol North Primary Care Trust
Summary: The complainants requested a copy of CCTV footage relating to an alleged incident of vandalism in one of the PCT's car parks. The trust refused access to the information under section 40 of the Act, stating that it was personal data and release would breach the data protection principles. The Commissioner then investigated the nature and purpose of the CCTV cameras involved and reviewed the CCTV footage itself. Having done this, it was decided that the images were personal data and their disclosure would breach the first data protection principle, and so the exemption applied was held to be valid. As a result the Decision Notice does not identify any steps to be taken; however, when first refusing the complainants' request for information the PCT did not respond within 20 working days, and the Commissioner has therefore found that this breached section 10 of the Act.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, FOI s.40 - Complaint Not Upheld
Full Transcript of Decision Notice FS50066908

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