Information Governance Unit Information Management Branch |
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Mr Mike Buckley
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Email address
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Our ref: 001922/09/ Your ref: |
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When calling or telephoning please ask for Corine Phipps
13 May 2009 |
Dear Mr Buckley,
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 001922/09
I write in connection with your request for information dated 10/04/2009, which was received by Greater Manchester Police on 14/04/2009, for the following information:
On Friday 6th March 2009 Peter Fahey GMP was named as a speaker at
a Common Purpose event.
Question 1. Please supply a copy of the expenses claimed by Mr Fahey against
the above event.
Question 2. and any other paperwork relating to arrangements
between Mr Fahey and Common Purpose.
Following receipt of your request searches were conducted within Greater Manchester Police to locate information relevant to your request. I can confirm that the information you have requested is held by Greater Manchester Police.
Result Of Searches
Question 1. Your request for expenses for the above event, has now been considered and I am not obliged to supply the requested information. The requested information is intended for future publication on Greater Manchester Police's website via the following link:
Section 17 of the Freedom Of Information Act requires Greater Manchester Police, when refusing to provide information (because the information is exempt) to provide you, the applicant, with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would otherwise be apparent) why the exemption applies.
The following exemption applies Section 22(1)(a)(b), which is a qualified and classed based exemption and relates to Information Intended for Future Publication. Furthermore, because this exemption is qualified, the Public Interest Test needs to be articulated. Please see below;
Question 2. Please see attached information. However, information relating to the name of the sender of the information has been withheld under s40(2) of the Freedom of Information Act 2000. This exemption is classed based and absolute and relates to personal information and applies to third party personal data. This is because any release would breach the data protection principles contained within the Data Protection Act 1998.
Personal data is defined under the Data Protection Act 1998 as data that is biographical in nature, has the applicant as its focus and/or affects the data subject's privacy in his or her personal, professional or business life.
One of the differences between the Data Protection Act and the Freedom of Information Act 2000 is that any information disclosed under Freedom of Information, is disclosed into the public domain, not just to the individual requesting the information, as such, disclosure that identifies an individual through disclosing their personal data, even third party personal data is exempted, unless there is a strong public interest in disclosing the information. The public interest is not what interests the public, but what benefits the community as a whole.
Public Interest Test
Considerations Favouring Disclosure
Accountability
When information disclosed relates directly to the efficiency and effectiveness of the force or its officers, disclosure would provide updated information on how Chief Officers of the force uses public funds.
Public Awareness and Debate
The disclosure of the requested information would enhance public knowledge in relation to Chief Officer's expenses. Furthermore, by releasing current information it is likely to support better inform public debate. Moreover, in this particular case, members of the public would be better informed of the funds used by the Chief Constable on expenses.
Considerations Favouring Non-Disclosure
Existing Procedures
The Chief Officers expenses are published to facilitate greater awareness of the how Greater Manchester Police uses public funds. The Freedom of Information Act legally allows members of the public to request any information held by a public authority and in order to supply the requested information, resources are allocated to locate and retrieve it.
Section 21 and 22 exemptions were specifically laid down by parliament to benefit those authorities that proactively publish information. However, in order to satisfy an additional need outside of this schedule will render these exemptions less effective and remove the benefits of proactive publication.
Efficient and Effective Conduct of the Service/Force
To respond to this request, the information would need to be retrieved and collated, as it is effectively not held at the present time. To gather the information, prior to the requirement to do so for the next publication of Chief Officers expenses, will involve a disproportionate use of resources at this time.
Balancing Test
When balancing the public interest test we have to consider whether the information should be released into the public domain. Arguments need to be weighed against each other. The most persuasive reason for disclosure is Public Awareness and Debate, which needs to be compared to the strongest reason to withhold the information at this time, which in this case is Efficient and Effective Conduct of the Service/Force.
Complaint Rights
Your attention is drawn to the attached sheet, which details your right of complaint.
Should you have any further inquiries concerning this matter, please write or contact me, on telephone number 0161 856 2529 quoting the reference number above.
Yours sincerely,
Corine Phipps
Information Access Officer
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the decision is incorrect?
You have the right to require Greater Manchester Police to review their decision.
Prior to lodging a formal complaint you are welcome and encouraged to discuss the decision with the case officer that dealt with your request.
Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to telephone the case officer that is nominated at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of Greater Manchester Police made under the Freedom of Information Act 2000 regarding access to information, you can lodge a complaint with Greater Manchester Police to have the decision reviewed.
Complaints should be made in writing and addressed to:
Freedom of Information Officer
Information Governance Unit, Information Management Branch
Greater Manchester Police
Police Headquarters
Chester House
Boyer Street
Manchester
M16 0RE
The Information Commissioner
After lodging a complaint with Greater Manchester Police if you are still dissatisfied with the decision you can make an application to the Information Commissioner for a decision on whether the request for information has been dealt with in accordance with the requirements of the Act.
For information on how to make an application to the Information Commissioner please visit their website at www.informationcommissioner.gov.uk. Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700
Corporate Performance Branch, Data Protection & Computer Audit Section, Police Headquarters,
8th Floor, Chester House, Boyer Street, Old Trafford, Manchester M16 0RE
Tel: 0161 856 2529, Fax: 0161 856 2534, Minicom: 0161 872 6633,
Email: [email address]
Information Governance Unit, Information Management Branch, Police Headquarters,
Chester House, Boyer Street, Manchester M16 0RE
Tel: 0161 856 2529/2668, Fax: 0161 856 2535, Minicom: 0161 872 6633,
Email: [Greater Manchester Police request email]