Legal team organisation chart - Find a freedom of information request

Legal team organisation chart with names and job titles.

I have detailed below the information that is being released to you. 

In accordance with Section 1(1)(a) of the Freedom of Information Act 2000, you are advised that Lincolnshire County Council (the Council) does hold information that falls within the description specified in your request.

Please find attached a redacted copy of the Structure Chart for Legal Services Lincolnshire. This shows the structure of the teams and job titles but withholds the names of staff members, save for the Chief Legal Officer, Head of Legal and Assistant Chief Legal Officer roles.

The Council considers that this information is exempt from disclosure under the Freedom of Information Act, as particularised below.

Section 40(2)

Under Section 40(2) of the Freedom of Information Act 2000 (FOIA), information is exempt from disclosure if it is the personal data of an individual other than the requester and where one of the conditions listed in section 40(3A)(3B) or 40(4A) is satisfied.

In this case the relevant condition is contained in section 40(3A)(a). This applies where the disclosure of the information to any member of the public would contravene any of the principles relating to the processing of personal data, as set out in Article 5 of the UK General Data Protection Regulation (‘UK GDPR’).

Section 3(2) of the Data Protection Act 2018 (DPA) defines personal data as “any information relating to an identified or identifiable living individual”. 

An identifiable living individual is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.  Information will relate to a person if it is about them, linked to them, has biographical significance for them, is used to inform decisions affecting them or has them as its main focus.  

The fact that information constitutes the personal data of an identifiable living individual does not automatically exclude it from disclosure under the FOIA. The Council must also determine whether disclosure would contravene any of the data protection principles under the UK GDPR.   Article 5(1)(a) of the UK GDPR states that “Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject”.

In the case of an FOIA request, the personal data is processed when it is disclosed in response to the request. This means that the information can only be disclosed if to do so would be lawful, fair and transparent. 

Article 6(1) of the UK GDPR specifies the requirements for lawful processing by providing that “processing shall be lawful only if and to the extent that at least one of the” lawful basis for processing listed in the Article applies.

The Council considers the lawful basis most applicable is 6(1)(f) which states: “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data…”

In considering the application of Article 6(1)(f) of the UK GDPR in the context of a request for information under the FOIA, it is necessary to consider a three-part test, (1) whether a legitimate interest is being pursued in the request for information, (2) whether disclosure is necessary to meet the legitimate interest, and (3) It is then necessary to balance the legitimate interests in disclosure against the individuals’ interests or fundamental rights and freedoms.

The Council has considered the impact of disclosure on the individuals that this information relates to and accepts that they would not reasonably expect this information to be disclosed to the public / world at large under the FOIA and that such disclosure would cause unjustified harm to their interests and rights.

The Council has determined that, in this case, there is not sufficient legitimate interest to outweigh the individuals' fundamental rights and freedoms, and that disclosure of individual staff names is not necessary, in particular, as a partial disclosure of the information requested has been made. There is, therefore, no lawful basis for this processing as it does not meet the requirements of principle (a) and the Council has therefore decided that it is entitled to withhold the information requested under section 40(2), by way of section 40(3A)(a).

Section 38(1)(b)

Under Section 38(1)(b) of the FOIA, information is exempt from disclosure if its disclosure would or would be likely to endanger the safety of any individual.

The Council considers the disclosure to the public of the names of specific staff members and their specific work area would be likely to endanger their safety.

The exemption under section 38(1) is a qualified exemption and is subject to the public interest test.

Public Interest Test

As the exemption under section 38(1) is qualified, we are required to carry out a public interest test to ascertain whether the information should be disclosed. The test is required to determine whether the public interest in the exemption being maintained outweighs the public interest in the information being disclosed. If it does not, then the information should be disclosed despite the exemption being engaged.

Arguments in favour of disclosing the requested information

The Council accept that there is a general presumption in favour of disclosure of information to provide accountability and transparency, and to assist the public in their understanding of how public authorities work and make decisions.

Arguments in favour of withholding the requested information

The disclosure of the names of specific staff members and their specific work area would be likely to endanger their safety. Threats have previously been made against member of staff working for Legal Services.

The Council is satisfied that the exemption at Section 38(1) is engaged and has determined that the public interest in maintaining the exemption outweighs the public interest in disclosure of the requested information. 

If you have any queries regarding this decision, please contact the Council’s Customer Information Service. Please remember to quote the reference number above in any future communications.

Should you require the attachments mentioned above please contact customerinformationservice@lincolnshire.gov.uk with the below reference number and this can be provided.