FOI Request - Bullying Accusations

Request 101000376304

By answering yes or no and without providing any individual information, can I request under the Freedom of Information Act if the Chief Executive or any current Corporate Director has ever been accused of bullying or similar behaviour or subject to any negative comments with regard to bullying or similar behaviour during their employment with the council.

Response 07-09-2015

Given that there is no change in either the circumstances or the response to the information request 101000371059, this FOI is exempt under Section 14(2) of the Freedom of Information (Scotland) Act 2002, repeated requests for the same or substantially similar information.

Section 14(2) of FOISA states: Where a Scottish public authority has complied with a request from a person for information, it is not obliged to comply with a subsequent request from that person which is identical or substantially similar unless there has been a reasonable period of time between the making of the request complied with and the making of the subsequent request.

The council is of the view that the request submitted is substantially similar to the previous one submitted by yourself, and in itself would be exempt under Section 38(1)(b) of the Freedom of Information (Scotland) Act 2002, personal information. As already communicated to you, this section of the Act means that the disclosure of employee records to an unauthorised third party would constitute a breach of the Data Protection Act principles, and could lead to censure and/or substantial fine from the Commissioner.

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