Ms L Stewart

[email address].

9 October 2009

Dear Ms Stewart

FREEDOM OF INFORMATION REQUEST

I write in connection with your request for information dated 11 September 2009, which was received by Cumbria Constabulary on that day. I note you seek access to the following information:

Your request has now been considered and I can advise in relation to questions 1 and 3, that this information is due to be, but has not yet been, published.

As it is Cumbria Constabulary's intention to publish its' Retention Schedule in the near future, this information is exempt under Section 22 (1)(a)(b)(c) of the Freedom of Information Act and therefore requires a public interest assessment.

Public Interest test

This test is focussed on whether the public interest favours the early release of this information, ahead of the scheduled publication, rather than considering the information itself.

Factors favouring disclosure:

Disclosure would provide updated information regarding the Retention Schedule for Cumbria Constabulary and demonstrate the efficiency of the force.

The disclosure would enhance public knowledge of the subject, by providing current information that may better inform public debate.

Factors favouring non disclosure

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 scheduled meeting, will involve a disproportionate use of resources at this time.

The Freedom of Information Act legally allows members of the public to request any information held by a public authority. In order to supply this information, resources are allocated to locate and retrieve it. The Section 21 and 22 exemptions were specifically laid down by Parliament to benefit those authorities who proactively publish information. To constantly produce new and up to date elements of the currently published information, in order to satisfy an additional need outside of the annual schedule will render these exemptions less effective and remove the benefits of proactive publication.

Balance Test

It is acknowledged that both accountability and public awareness are enhanced by the disclosure of this type of information. However this would be achieved in the near future following the publication of the document therefore the public interest favours non-disclosure at this time.

In accordance with Section 17 of the Freedom of Information Act this letter acts as a Refusal Notice for questions 1 and 3 of your request, by virtue of Section 22(1) of the Act.

This information will be published in the future at the following location:

http://www.cumbria.police.uk/freedomofinformation_2097.htm

In relation to Question 2, the following policy gives you the details you have requested:

Records Management Policy

http://www.cumbria.police.uk/related_docs/Rec_Mgt_Policy_v1.00.pdf

The following links may also provide further information which may be of assistance to you:

Information Management Strategy

http://www.cumbria.police.uk/related_docs/IMS_v1.00.pdf

Records Management Strategy

http://www.cumbria.police.uk/related_docs/RMS_v1.00.pdf

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of complaint.

If you have any further enquiries about this matter, please write or contact me on the above telephone number. I would like to take this opportunity to thank you for your interest in Cumbria Constabulary.

Yours sincerely

Jane Jones

Data Protection and Freedom of Information

Professional Standards

Enc

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk

Jane Jones

Freedom of Information
Email [email address]
Tel: 01768 217194

Fax: 01768 217638

My Reference FOI 437/09
Your Reference