It always annoys me when they quote an exemption then never put the full text in the letter as if you know all the exemptions off by heart.
22. - (1) Information is exempt information if-
(a) the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not),
(b) the information was already held with a view to such publication at the time when the request for information was made,
and(c) it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a).
How I read that is that, as they only decided the information was going to be published at a later date after your second email that section (b) has not been followed. So thats one point to you.
38. - (1) Information is exempt information if its disclosure under this Act would, or would be likely to-
(a) endanger the physical or mental health of any individual, or
(b) endanger the safety of any individual.
Personally I can not see how providing you with an 01/02 number would endanger the physical or mental health of you, the operator or any other individual. Sure it might mentally hurt the NHS for those extra stats they made off you.
Safety they may have a case. If what they are saying is true that a GN might be passed as a 999 call then its true, but if its a true 999 call wouldnt they be calling 999 anyway?
44. - (1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it-
(a) is prohibited by or under any enactment,
(b) is incompatible with any Community obligation, or
(c) would constitute or be punishable as a contempt of court.
This is interesting as I havent seen this exemption being applied before. I have spoken to my FOI QC friend and he also hasnt seen it being applied. Ask them for proof of the 'Community obligation'.
I suggest that you send a final letter/email to them saying you are now making a complaint to the Information Commisioner due to their failure to answer your question in full, quoting wrong exemptions and that you also know your full rights under section 50. In actual fact dont even bother contacting them, go straight to the IC.
The problem is that the Data Protection Act is misused.
The DPA only covers individuals and not inanimate objects like telephone numbers.
So asking for something under the FOI and your being refused that information by misuse of another act calls for a serious complaint. You might get better response by going to your local MP who will have more clout and it gives you the opportunity to educate your local MP on this issue of the misuse of the DPA and FOI as well as the cost to the individual for calling these premium rate numbers. I know that o2 charge a hell of allot, a recent call to the DWP on a 0845 number cost me £7.60 and the call was not long, 15 minutes approx, which equates to about 50p a minute I was paying.
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NHS DIRECT 0845 (Read 134,120 times)
