"From: FOI East
Cc: SMITH, Sandra ; GOUGH, Helen
Sent: Thursday, May 30, 2013 3:56 PM
Dear Ms Oliver
Further to your email of 23 May requesting an internal review concerning the Lyme Green DIP Report, I attach the response to this for you. Please accept my apologies for the delay in response.
Customer Relations & Compliance"
This is outrageous and their quote" this has been agreed with the ICO" is another example of the cosy relationship between the
public authority and the ICO.
They are in breach of section 77 of the FOIA Act.
77 Offence of altering etc. records with intent to prevent disclosure.
(a)a request for information has been made to a public authority, and
(b)under section 1 of this Act or section 7 of the M1Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
(2)Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.
(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4)No proceedings for an offence under this section shall be instituted—
(a)in England or Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions;
(b)in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland.