18 July 2022
Your request
This is an information request under the Environmental Information Regulations.
I would like a details of Fixed Penalty Notices that were issued last month (June) by the council’s street inspectors under sections 47, 33 (in respect of fly-tipping) and 34 (in respect of failure to produce a Waste transfer note) of the Environmental Protection Act. I would like the following information in respect of each Fixed Penalty Notice issued to a business (as opposed to an individual):
1. The type of fine
2. The name and address of the company that was issued with the fine
3. The time and date of the offence
I would prefer the information to be sent to me in electronic form at this email address. If possible, I would like the address details of each offender to be organised in three separate columns under the headings:
1) Building name or number,
2) Street name
3) Postcode.
Our response
June 2022 dataset
Section 33 FPN - 98 - fly tipping. Please note that we do not separate this fine so this information is for businesses/residents
Section 47 FPN - 168 - presentation of waste
Section 34 FPN - 25 - Duty of care for businesses to dispose of waste legally
1. The type of fine - as above
2. The name and address of the company that was issued with the fine
I can confirm that we have reviewed this part of your request, but we consider disclosure would breach the Data Protection Act 2018 and therefore engage Regulation 13: 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.
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 these kinds of FPNs I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
This response therefore acts as a refusal notice under Regulation 14 of the Environmental Information Regulations.
3. The time and date of the offence - the date and time varies, it covers the period requested on this FOI, the enforcement team work 24 hours a day