Environmental offences publication (FOI-7819)
Concerning serious environmental offences such as illegal fly-tipping, the naming and shaming of individuals could be justified so as to increase its visibility and maximise its deterrent effect in the regulation of illegal dumping and unauthorised waste activity.
Dear ***** ***** Jr,
Re: Freedom of Information Request /Environmental Information Request
Thank you for your request for information under the Freedom of Information Act 2000, received 2 February 2021. Your request has been considered and our response is in bold below.
You requested the following:
Can you confirm if you publish on your website the names of individuals who are prosecuted or fined for environmental offences (littering, fly-tipping, illegal dumping or unauthorised waste activity?
Please reference the specific parts of the applicable legislation that give you the powers to publish individuals names in the public domain
Can you confirm if you share with other organisations the names of individuals who are prosecuted for environmental offences (littering, fly-tipping, illegal dumping or unauthorised waste activity?
Please reference the specific parts of the applicable legislation that give you the power to share these individuals names.
If you have completed a DPIA relating to same, please send me a copy.
The Council’s Response
The Council has considered your request under Section 40(2) (Personal Information) of the Freedom of Information Act 2000. This is because disclosing the requested information could reveal personal information about a third party. Under the Data Protection Act 2018 (DPA), personal data includes any information that can identify, or, together with other information, can identify a ‘living individual’.
The Council has to consider whether disclosure of the information would comply with any of the data protection principles set out in the DPA, as well as whether disclosure would contravene Article 21 of the GDPR (general processing: right to object to processing). The Council is unsatisfied that disclosure would be fair and lawful.
In this case, publishing the names of individuals who are prosecuted or issue fixed penalty notices online for the offences described would breach their personal data. The council also does not publish the names of individuals who are prosecuted for environmental offences. As such the Council considers S40(2) Personal Information of the FoI Act 2000 to be engaged.
Appeals & Complaints Procedure
If you are dissatisfied with this response and wish to appeal, please reply to this email and this will be dealt with through our Internal Review procedure.
Your request should be submitted to us within 40 working days of receipt of this response. Any request received after this time will only be considered at the discretion of the Council.
If you are still not satisfied following the Internal Review, you have a right to appeal to the Information Commissioner's:
0303 123 1113
Information Management Team
London Borough of Hackney