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You are here: BAILII >> Databases >> Information Commissioner's Office >> Derbyshire Fire & Rescue Service (Local government) [2022] UKICO 115637 (15 August 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/115637.html
Cite as: [2022] UKICO 115637
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Derbyshire Fire & Rescue Service
The complainant has requested from Derbyshire Fire & Rescue Service (DFRS) fire safety notices and other warnings, cautions or alerts regarding properties used by the University of Derby for educational, administration or student accommodation purposes. They also asked for records of any related internal decisions, advice or comment from the university or third parties. DFRS initially stated that the requested information was not held and provided advice and assistance. Over a period of time DFRS provided the complainant with some information but withheld other information, citing regulations 12(5)(b), 12(5)(e) and the exception for third party personal information. The Commissioner’s decision is that regulations 12(5)(b) and 12(5)(e) are not engaged. Regulation 12(3)/13(1) has been cited appropriately to some, but not all, of the withheld personal information as detailed in paragraph three of this decision notice. The Commissioner has proactively applied regulation 5(3) to part of the requested information. The Commissioner accepts, on the balance of probability, that DFRS does not hold any further information falling within scope of the request. However, it breached regulation 5(2) by responding late. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose all the information that is being withheld under regulations 12(5)(b) and 12(5)(e) with appropriate redactions for part of the personal information that was withheld under regulation 13(1), as detailed in the bullet point below. Redact the names, job roles, contact details, signatures and qualifications of junior employees of DFRS, the University of Derby and other external organisations. This includes email headers, the body of emails or email footers. The contact details, signatures and qualifications of senior employees, internally and externally, must also be redacted but not their names and job roles.EIR 5(3): Complaint not upheld EIR 12(5)(b): Complaint upheld EIR 13: Complaint partly upheld EIR 5(1): Complaint not upheld EIR 5(2): Complaint upheld EIR 12(5)(e): Complaint upheld
Decision notice: 115637