10 February 2023
Your request
I would like to request the Fire Risk Assessment/s (FRA) held for Woodvale Estate, West Norwood. If this is broken down by building then I would like to request that I receive all of the reports for the estate.
The reason I would like to see this information is that myself and fellow residents would like to understand the approach to fire safety, the strategy that is in place and be reassured how recommendations in the assessments have been acted on.
Our response
Please see attached and note that personal data has been redacted as we consider disclosure would breach the Data Protection Act 2018 and therefore engage Section 40(2): Personal Data to this request.
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2 )“Personal data” means any information relating to an identified or identifiable living individual
(3 )“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to:
(a) an identifier such as a name, an identification number, location data or an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose information about their personal data, as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to this request; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
In accordance with Section 17 FOIA this letter represents a Refusal Notice for regarding this part of the request.