New decision notices

Some more decisions, apparently there will be large number issued during June... I will do my best to track them here and add comments and observations.

The most interesting decision here relates to the Department for Work and Pensions non disclosure of information relating to the effect of ID cards on the DWP business. The ICO's requirement for disclosure sets out an important statement of public interest in the context of this topic. The ICO will have many cases pending on the topic of ID cards (e.g see the requests made by the Spy blog to the Home Office and Office of Government Commerce. Whilst each case will be dealt with on its own context this clearly make the future cases very interesting reading. The DWP may of course try to appeal this decision at the Tribunal.

The Pembrokeshire County Council case is worthwhile to note in terms of tracking how the ICO intends to interpret exemption S41 of the FOIA: "Information Provided in confidence". This is re-emphasizing the advice that has often been given: that public authorities or private 3rd parties cannot make make any quick and easy assumptions about information being confidential and make must make a clear cases for the information, in context, backed by relevant argument and evidence.

Case Ref: FS50067633
Date: 06/06/06
Public Authority: Pembrokeshire County Council (PCC)
Summary: The complainant had requested information which was submitted to PCC in July 2000 by ORA Ltd in support of its tender. PCC refused to provide this information citing section 41 (exemption for information provided in confidence) as the basis for its refusal. Having considered the information in question, the Commissioner has decided that it was not communicated to the public authority in circumstances giving rise to a duty of confidence, it was not confidential in nature and that there was no conclusive evidence of significant detriment that would result from the release of this information. The Commissioner has therefore concluded that section 41 does not apply to the requested information.
Section of Act/EIR & Finding: FOI s.41 - Complaint Upheld
Full Transcript of Decision Notice FS50067633


Case Ref: FS50084554
Date: 05/06/06
Public Authority: Coventry City Council
Summary: The complainant requested information relating to certain contacts that the Council had had with a convicted murderer who, according to information obtained by the complainant, had been resident in Coventry prior to committing a murder in Liverpool. The Council responded to the request stating that it did not hold the information requested but the complainant disputed this. Following investigations the Commissioner is satisfied that the information is not held by the Council and that the complainant's request had been dealt with in accordance with Part 1 of the Act.
Section of Act/EIR & Finding: FOI s.1 - Complaint Not Upheld
Full Transcript of Decision Notice FS50084554


Case Ref: FS50065287
Date: 05/06/06
Public Authority: Coventry City Council
Summary: The complainant requested information relating to actions he believed should have been taken by the Council in relation to a convicted murderer who, according to information obtained by the complainant, had been resident in Coventry prior to committing a murder in Liverpool. The Council responded to the request stating that it did not hold the information requested but the complainant disputed this. Following investigations the Commissioner is satisfied that the information is not held by the Council and that the complainant's request had been dealt with in accordance with part 1 of the Act.
Full Transcript of Decision Notice FS50065287


Case Ref: FS50083103
Date: 05/06/06
Public Authority: Department for Work and Pensions
Summary: The request was for information about the likely effect of the introduction of identity cards on DWP business. DWP refused the request on the grounds that the information relates to the formulation or development of government policy, and because releasing the information would prejudice commercial interests. The Commissioner's decision is that the public interest lies in the release of the information and that release will not prejudice commercial interests.
Section of Act/EIR & Finding: FOI s.1(1) - Complaint Upheld
Full Transcript of Decision Notice FS50083103


Case Ref: FS50093734
Date: 05/06/06
Public Authority: Newry and Mourne Health and Social Services Trust
Summary: The complainant requested salary and pension information relating to Trust Executive Directors. The information was refused under section 40(2), as the Executive Directors has not given consent for the information to be disclosed, and therefore the Trust could not satisfy any condition for processing under the Data Protection Act 1998. The Trust further submitted to the Commissioner that the information was "sensitive personal data", which the Commissioner did not accept. The Commissioner found that the Trust did not require consent from the Executive Directors, as it had a condition for processing under paragraph 6 of Schedule 2 to the Data Protection Act. The Commissioner also found that the Trust had provided an inadequate Refusal Notice under section 17, and that the Trust had complied with section 11 in terms of the means of communication of information.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld, s.11 - Complaint Not Upheld, S.17 - Complaint Upheld, s.40(2) - Complaint Upheld
Full Transcript of Decision Notice FS50093734


Case Ref: FS50087446
Date: 02/06/06
Public Authority: Devon County Council
Summary: On 1 December 2005 the complainant requested information relating to a pedestrian bridge in the Pinhoe area of Exeter. On 12 December 2005 the public authority informed the complainant that the cost of complying with the request would exceed the appropriate limit set out in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (Regulations). The complainant was advised to refine their request to bring it within the confines of the appropriate limit. On 14 December 2005 the complainant wrote back to the public authority, restating the original request and also requesting further information. On 22 December 2005 the public authority wrote back to the complainant and refused on the ground that the estimated cost of locating and retrieving the information would still exceed the appropriate limit. The Commissioner approached the public authority and is satisfied that they correctly estimated that the cost of complying with the complainant's request would exceed the appropriate limit. The Commissioner's view is that the public authority dealt with the complainant's request in accordance with part 1 of the Act and, in particular, the Regulations.
Section of Act/EIR & Finding: FOI s.12 - Complaint Not Upheld.
Full Transcript of Decision Notice FS50087446


Case Ref: FER0120142
Date: 02/06/06
Public Authority: Wolverhampton City Council
Summary: The complainant requested information relating to work undertaken on the front boundary of his property. The Council informed the complainant that they did not hold the information requested and the complainant then approached the Commissioner. The Commissioner is of the view that the information requested by the complainant is environmental information and for that reason the complaint was considered under the EIR. The Commissioner contacted the Council and, having investigated the matter, is satisfied that the Council does not hold the information requested. The Council has not, therefore, breached Regulation 5(1) of the EIR.
Section of Act/EIR & Finding: EIR Regulation 5(1) - Complaint Not Upheld
Full Transcript of Decision Notice FER0120142

Also the see the UCL decisions database to browse decisions made by Sections of FOIA and EIRs the appeals were brought under