ivanataylor [[FOI #17946 email]]

21^st October 2009

Dear `ivanataylor'

FREEDOM OF INFORMATION REQUEST

I refer to your e-mail dated 12^th October 2009, in which you requested an internal review of Cumbria Constabulary's handling of your FOI request relating to 'Retention of names on police intelligence computers.'. This request was originally received by the Constabulary on 11^th September 2009, and is detailed below:-

What is the policy and procedure, of Cumbria Police Authority, in relation to retention of names, of individuals connected to, child care proceedings?

Is it Lawful to retain the names of persons who have never been prosecuted with any offense?

How long would the names of innocent persons, remain on such an intelligence computer?, and what is the purpose of retaining the names of non convicted persons?

I have taken your request for an internal review to relate to the delay in providing a response to your request. I would like to acknowledge that our response was not provided to you within the 20 working days required by the Freedom of Information Act, and therefore this constitutes a breach of Section 10(1) of that act, and for this I apologise.

It has come to my attention that your request was submitted using a pseudonym. Please note that Cumbria Constabulary reserve the right to consider as invalid any requests where we believe this to be the case. Section 8 of the Freedom of Information legislation states:-

(1) In this Act any reference to a `request for information' is a reference to such a request which-

(a) is in writing,

(b) states the name of the applicant and an address for correspondence, and

(c) describes the information requested.

The use of the phrase “the name of the applicant” in section 8(1)(b) indicates that the real name of the applicant should be used when requesting information and not any other name, for example, a pseudonym. Further guidelines from the Information Commissioners Office state that `title and/or first name with surname satisfies the requirement for provision of a real name, as does the use by a female applicant of her maiden name.'

Cont….

-2-

Complaint Rights

If you remain dissatisfied with how your request has been handled you have a further right of complaint to the Information Commissioner. I have provided the contact details for the Commissioner below, for your information, in case you wish to pursue this course of action.

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

If you have any further enquiries about this matter, please write or contact me on the telephone number detailed in the header section of this letter.

Yours sincerely

Trixi Julier

Data Protection and Freedom of Information

Professional Standards Department

Trixi Julier
Data Protection & Freedom of Information
Email [email address]
Tel: 01768 217054

Fax: 01768 217638

My Reference FOI 437/09
Your Reference

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk