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Brighton & Hove City Council

Brighton & Hove City Council: the register

Decision notice IC-47466-B1N8

Folio 525

Finding: Fault found

Decision by section
RPSI 7: Partly upheld
Service
Information requests: RPSI 7
Council
Brighton & Hove City Council
Body
Information Commissioner's Office
Decided
Summary
The complainant has requested to re-use templates of the council’s Penalty Charge Notice letters, which he initially received from the council in response to an earlier FOI request. The council accepts that it initially disclosed the information to him, however it considers that, in retrospect, it did so in error, and would not disclose that information publicly again. It considers that if the same FOI request were to be received again it would refuse the request under section 31 of the FOI Act (prevention and detection of crime). It therefore refused the request to re-use the information in this case. The Commissioner’s decision is that the council was not correct to refuse the re-use request, however it was able to refuse to permit the re-use of the council’s logo on its webpage as this is excluded from the rights within the RPSI. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To permit the re-use of the requested information, other than the logo.
As published by the Information Commissioner's Office.

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