- Requested on
- Wed 25th July, 2012
- FOI 2180
- Information provided
We would therefore like to formally request the individual drivers details under the Freedom Of information Act for your licensing authority.
Where possible, could you provide the information in an excel spreadsheet or an alternative computer format.
In addition could you please advise how many taxis are currently licensed in your authority and where possible the split between Public (Hackney) & Private Hire.
Following the above information request, we have, as required by the Freedom of Information Act (the Act), undertaken an assessment to ascertain if any of the exemptions provided by the Act apply to the information that you have requested.
Having completed this assesement we have concluded that parts 1 and 2 of the information you have requested is exempt from disclosure under Section 40 of the Act and we will not, therefore, be able to supply it.
Section 40 of the Act covers personal data. Personal data is defined in the Data Protection Act 1998 as data which relate to a living individual who can be identified-
(a) from those data, or
(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller.
The information you requested identifies individual driver’s details. Some of the information you request is available in a public registers of licenses which are available for inspection at the Council's offices. The Freedom of Information Act 2000 makes clear that this fact alone does not meet the requirement of a person's right of access to information under the Act. However the fact that information is available in a public register does not mean that it should automatically be provided as a result of such a request. The Data Protection Act provides for some but not all of that Act's provisions to be set aside if information is available in such a register. In the absence of consent from the data subjects (the licensees), the Council must consider whether providing the information is necessary for the legitimate interests of the Council or the person to whom the information is disclosed. This must be balanced with the rights and legitimate interests of the data subjects. The Council has concluded that providing the information in a register available for inspection but not providing copies of that information on request provides the appropriate balance in this case.
Charnwood Borough Council currently license 142 Hackney Carriages, and 228 Private Hire taxis