TLB meeting 23.07.26
Case reference FOI2026/00790
Received 27 July 2026
Published 24 August 2026
Request
Response
Freedom of Information Team
Oxford City Council
Email: freedomofinformation@oxford.gov.uk
24 August 2026
Dear Sibel Taylor
Freedom of Information Request, Oxford City Council – Reference: FOI2026/00790
Further to our acknowledgement, we can confirm that Oxford City Council can advise as follows in response to your Freedom of Information Request received on 27 July:
Request
I am a member of the TLB of OCC, and as such, I permitted, as every other member gave their permission, the meetings to be recorded. I am writing to you to request, under the Freedom of Information Act, access to the recording of the TLB meeting of 23 July 2026.
Response
In accordance with section 1(1) of the Freedom of Information Act 2000 (FOIA), Oxford City Council (OCC) confirms that it holds information within the scope of your request,
OCC can confirm it holds a copy of the recording of the Tenant and Leaseholder Board meeting held on 23 July 2026.
However, OCC is withholding the recording under section 36(2)(b)(ii) of the FOIA. Section 36(2)(b)(ii) applies where, in the reasonable opinion of the qualified person, disclosure would, or would be likely to, inhibit the free and frank exchange of views for the purposes of deliberation.
OCC's qualified person for the purposes of section 36 is the Council's Monitoring Officer. The qualified person has considered the circumstances of this request and has concluded that disclosure of the recording would be likely to inhibit the free and frank exchange of views by members participating in Tenant and Leaseholder Board meetings.
The Tenant and Leaseholder Board provides a forum in which resident members engage with OCC, provide feedback, challenge and resident insight, and contribute to consideration of housing services. Formal minutes of the meetings are produced.
Disclosure under the FOIA is disclosure to the public at large, rather than solely to the person making the request. The fact that participants agreed to the meeting being recorded does not, of itself, amount to agreement for the recording subsequently to be disclosed to the public under the FOIA.
The qualified person considers that disclosure of a verbatim recording of the discussion would be likely to inhibit the freedom with which resident members participate and express their views at future meetings, thereby affecting the Board's deliberative process.
Section 36 is a qualified exemption and OCC has therefore considered the public interest in accordance with section 2(2)(b) of the FOIA.
OCC recognises the public interest in transparency and accountability concerning the work of the Tenant and Leaseholder Board. Disclosure of the recording would provide a fuller account of the discussions and could assist scrutiny of the matters considered by the Board.
Against this, there is a public interest in maintaining an environment in which resident members are able to participate fully and exchange views freely and frankly. OCC has also taken account of the fact that formal minutes are produced, providing a record of the meeting without disclosure of the verbatim recording.
Having considered the competing public interests and the qualified person's reasonable opinion, OCC considers that the public interest in maintaining the exemption under section 36(2)(b)(ii) outweighs the public interest in disclosure of the recording.
The recording also contains personal information relating to identifiable individuals. OCC is withholding that third-party personal data under section 40(2) of the FOIA. Section 40(2) applies where information constitutes the personal data of an individual other than the requester and disclosure would contravene the data protection principles. A person's voice, together with the substance and context of what is said, may enable that person to be identified and may therefore constitute personal data.
Disclosure under the FOIA would make that information available to the public at large. Agreement to a meeting being recorded is distinct from agreement to the subsequent public disclosure of identifiable personal information contained within the recording.
OCC recognises the legitimate interest in transparency concerning the work of the Board. However, OCC considers that disclosure of the third-party personal data contained within the recording would not be necessary or proportionate to meet that legitimate interest, particularly where formal minutes of the meeting are produced.
This approach is consistent with the Information Commissioner's decision in FS50743105 (Devon County Council, 4 October 2018), in which the Commissioner considered an audio recording and accepted that an individual's voice, together with the content of a conversation, could enable identification for data protection purposes.
OCC therefore considers that disclosure of the third-party personal data would contravene the principle of lawful, fair and transparent processing under Article 5(1)(a) of the UK General Data Protection Regulation (UK GDPR). That information is consequently exempt under section 40(2) of the FOIA.
Section 40(2), where disclosure would contravene the data protection principles, is an absolute exemption and is not subject to the public interest test.
In accordance with section 17 of the FOIA, this constitutes a refusal notice in respect of the information withheld under sections 36(2)(b)(ii) and 40(2).
In accordance with section 16 of the FOIA, which relates to the duty to provide reasonable advice and assistance, OCC advises that if there is a particular agenda item, recommendation, decision or other matter discussed at the meeting for which you require recorded information, you may submit a more specific request. OCC can then consider what recorded information is held in relation to that particular matter and whether it can be disclosed.
If you disagree with any part of the response to your request, you are entitled to ask the Council for an internal review of the decision(s) made. You may do this by writing to the Monitoring Officer, by either email monitoringofficer@oxford.gov.uk – or by post to Monitoring Officer, Oxford City Council, Town Hall, St Aldate’s, Oxford, OX1 1BX. After the result of the internal review, if you remain dissatisfied, you may ask the Information Commissioner to intervene on your behalf. You may do this by writing to the Information Commissioner's Office, Wycliffe Lane, Wilmslow, Cheshire, SK9 5AF.
Yours sincerely,
Freedom of Information Officer
| Freedom of Information Team | Law & Governance | Oxford City Council | Town Hall | St Aldate’s | Oxford | OX1 1BX |
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