Email received from FOI Officer Clare Naven June 26, 2009 5:08 PM
Dear Mrs Oliver,
I am writing in response to your recent request for information (ref 1831) in which you requested ‘evidence of any senior council officer’s involvement in this case – which is the calling of the police to the peaceful town hall protester around 70 times’. I apologise for the delay responding.
Any information the Council may hold in relation to this request is likely to constitute the personal data of the individual concerned; therefore we are unable to provide the information you have requested because it is exempt information under section 40(2) of the Freedom of Information Act 2000 (FOIA).
Section 40(2) FOIA states that information which constitutes personal data as defined by the Data Protection Act 1998 is exempt from disclosure if its release would contravene one or more of the data protection principles. Any information held in relation to your request is likely to constitute personal data because it relates to and identifies a living individual. Disclosure of these personal data would be unfair; therefore it would contravene the first data protection principle which requires the Council to process personal data fairly. This means that the information is exempt and will not be provided.
Clare Naven