`ivanataylor'

ivanataylor [[FOI #18514 email]]

21^st October 2009

Dear `ivanataylor'

FREEDOM OF INFORMATION REQUEST

I refer to your e-mail dated 11^th October 2009, in which you requested a review of our decision to request `the name of the applicant' before responding to your freedom of information request. This request was originally received by the Constabulary on 28^th September 2009, and is detailed below:-

How many individuals have reported treason and sedition reports of crime, Edward Heath Government onwards, to Cumbria Constabulary?

I have considered your request and also the response provided to you. I have today decided to uphold the original decision, since under Section 8 of the Freedom of Information legislation, the below is stated:

(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 states 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.'

Although this letter is a response to your request for an internal review into this matter, I apologise that you were not informed of your rights in this area within the reply dated 9^th October 2009,

If you wish to resubmit your request under your real name, your request will be considered at that point.

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 above telephone number.

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 459/09
Your Reference

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk