13 June 2023
Your request
Would it be possible to have a copy of the Food Hygiene report performed at the following address on 24 March 2023:
Nelly's Nursery
165 Rosendale Road
London
SE21 8LN
Our response
Please see attached.
Please note that we have redacted personal details as 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.
In this case, I can confirm that it would not be fair to the individuals to disclose information about their personal information 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 your request, I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
This letter represents a Refusal Notice for this part of the request.