FOI Request - Review of 101003355188 Social Housing Tenant Evictions

Request 101003370586

Review of 101003355188 Social Housing Tenant Evictions

I am requesting a review as I am dissatisfied with the information disclosed in response to my request.

You have only disclosed ‘fewer than 10’ in response to questions 1 and 2, with the justification for this being that people could be identified, however I have already had dozens of responses from other local authorities and housing associations where they have given me specific numbers in response – many as low as 1.

If they are able to disclose this specific information, then so can Moray.

If I do not receive a full disclosure to my request then I will be taking up a complaint with the ICO.

Response 25-08-2023

Following your request for a review (our ref: 101003370586), a review into your Freedom of Information (FOI) Request - Social Housing Tenant Evictions - 101003355188 - was held on 15th August 2023. In attendance were the Information Governance Manager and Data Protection Officer, Housing Services Manager, Senior Solicitor, Licencing Solicitor and Information Co-ordinator.

Your FOI Request from 31st July 2023 was discussed. To clarify, our original response to question 1 stated “<5”, not “fewer than 10”, and had exemption section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 – Personal Data. The application of this exemption was discussed and the answer was confirmed to be less than 5, therefore we uphold our decision to use the exemption under section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 – Personal Data, as individual may be identifiable. This exemption is an absolute exemption and does not require a public interest test.

We can confirm that a response to question 2 was provided, as well as for question 3.

It was also noted that the Council endeavours to follow the requirements and principles of the Freedom of Information (Scotland) Act 2002, and are not governed by how others (such as other Local Authorities or Housing Associations) may have decided to respond to any FOI requests they have received.

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