FOI16671 – Request for information
Thank you for your email of 26 April 16, requesting information from Ordnance Survey in accordance with the Freedom of Information Act 2000 (FOIA).
The request is as follows:
Please send me all INTERNAL OS correspondence between 1 July and 20 September 2013 with regard to comments, licensing, amendments and additions to www.gov.uk/guidance/inspire-index-polygons-spatial-data#conditions-of-use namely the Land Registry Conditions of Use of INSPIRE Polygons.
We confirm that we hold this information, which is attached (available on request) in the form of two email chains ending on 18 and 20 September 2016.
Note that in the attached, we have redacted the names of specific individuals and their contact details, where we consider this information to be exempt under section 40(2) ‘Personal Information’.
Section 40(2)(a) and (b), together with the condition under section 40(3)(a)(i) and (b) of the FOIA, provides an absolute exemption, where the disclosure of information would contravene any of the data protection principles under the Data Protection Act (DPA) 1998. In this case, we have exempted information constituting the personal data of living individuals, as we consider that the release of such information would be in breach of the first Data Protection Principle (that personal data shall be processed fairly and lawfully).
In particular, we have considered whether disclosure of the personal data in question would be 'fair' (by reference to Schedule 1 of the Data Protection Act). We have given particular consideration to the likely expectations of the data subjects regarding the disclosure of their personal information, whether they are already publicly referenced through their position and if they would expect to be publicly referenced in this manner, in reaching our decision to withhold this information.
Note that we have reviewed a considerable number of internal emails as a result of your FOI request, but only two were found to be within the scope of your request. You may wish to note that Ordnance Survey and Land Registry agreed the Land Registry Polygon download terms in June 2013. In addition, please note that, whilst terms relating to use of the Land Registry INSPIRE Index Polygons beyond the scope of the download terms were not within the scope of this request, such terms were not developed by Ordnance Survey until after Land Registry’s INSPIRE Index Polygons download service was made available, in September 2013.
Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our FOI Internal Review Officer, by contacting them as follows:
FOI Internal Review Officer
Customer Service Centre
Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:
- Failed to respond to your request within the time limits (normally 20 working days)
- Failed to tell you whether or not we hold the information
- Failed to provide the information you have requested
- Failed to explain the reasons for refusing a request
- Failed to correctly apply an exemption or exception
The FOI Internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance.
The FOI Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.
Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review you remain unhappy with our response, you may raise an appeal with the Information Commissioner’s Office at:
The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.
Thank you for your enquiry.