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Details of Complaint

Requested on
Fri 13th January, 2012
Reference
FOI 1634
Resolution
Information provided

Question

Following our encounter in my fields along Ulverscroft Lane at dusk on 12th January 2011 and the conversation which we had with regard to :-
The smaller field ( 1 ) acre where I have cut down the rotting oak tree as ordered by Mr Shaw from County Council and the reinstating of the five bar 12ft gate and fence.
The larger field ( 3.45 ) acres which is a sight of special scientific interest where I have erected a five bar 12 ft. gate and a four bar rail fence to allow access for that purpose between 1st April and the 31st October of each year as agreed with Natural England and Leicester and Rutland wildlife trust.
I hope that this satisfies your investigations? If it does please write to me to confirm this.
I would also like the name or names of the informants. I am being constantly frustrated by people informing either the parish council (where I have been featured in the parish magazine), Charnwood and County Hall over allegations of wrong doing. None of these allegations proved to be true. I understand that these matters need to be followed up by authority but I've had enough of it now and am prepared to take this matter as far as I can to identify who is behind this.
Please pass my request onto the proper department.
I have been praised on many occasions for the construction of my house, outbuildings and gardens over the years and recently by walkers just enjoying the view of the valley from the new gate way.
I apologise for increasing your work load with this matter but hope that you can see my point of view.

Answer

Following the above information request, we have, as required by the Environmental Information Regulation (EIR), undertaken an assessment to ascertain if any of the exceptions provided by the Act apply to the information that you have requested.

Having completed this assessment we have concluded that the information you requested is exempt from disclosure under Section 12 (3) of the EIR and we will not, therefore, be able to supply it. 

Section 12 (3) of the EIR covers personal data as defined in the Data Protection Act 1998 and requires the Council to process that information in accordance with the requirements of that Act. The information you requested is personal information about the individual/s who have complained to the Council in relation to your property and is therefore covered by the terms of the Data Protections Act.  In considering whether it is compatible with that Act to provide you with the information you requested the Council must ensure that disclosure does not breach any of the eight data protection principles set out in that Act.  If disclosure would breach one or more of the data protection principles then the information is exempt from disclosure under the Environmental Information Regulation.  The first principle is that the processing of personal data should be carried out fairly and lawfully.  Guidance from the Information Commissioner states that the factors which the Council should consider in deciding whether the disclosure of third party personal information complies with the first data protection principle or not are:
1. Would the disclosure cause unnecessary or unjustified distress or damage to the person who the information is about?

2. Would the third party expect that his or her information might be disclosed to others? Is disclosure incompatible with the purposes for

which it was obtained?

3. Had the person been led to believe that his or her information would be kept secret?

4. Has the third party expressly refused consent to disclosure of the information?

5. Does the legitimate interest of a member of the public seeking information about a public authority, including personal information,

outweigh the rights, freedoms and legitimate interests of the data subject?
 

In the Council’s view 1. , 2. and 3. would in these circumstances weigh in favour of not disclosing the information.  The Council therefore considers that providing you with the information you requested would breach the first data protection principle and that the information you requested is, therefore, exempt from disclosure under section 12 (3) of the Environmental Information Regulations.

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