Mr D Canning
Freedom of Information Section
Nottinghamshire Police
Telephone:- 0115 9672507
Facsimile:- 0115 9672896
E-mail: [email address]
[FOI #19110 email]
16th December 2009
Dear Mr Canning
Request under the Freedom of Information Act 2000 (FOIA)
Reference No: FOI09-2538
I write in connection with your request for information dated 1st October 2009, which was received by Nottinghamshire Police on 1st October 2009. I note you seek access to the following information:-
1] Please supply all the information that you hold on the criteria
for releasing pictures of Semi naked children to the RSPB and the
safeguard to protect children from such events that have recently
occurred.
2] Also, please supply all the information that you hold on the
criteria for allowing the RSPB access to pictures of children and
where children actual live while on police raids and the safeguards
to protect our children. For example do the RSPB have CRB checks
like everyone else who could come in contact with children and do
the police check the CRB checks on each person on the raid?
3] Given the two questions above please supply all the information
that you hold on giving the RSPB unsupervised access to childrena?Ts
pictures and where the children actually live.
Following receipt of your request searches were conducted within Nottinghamshire Police to locate information relevant to your request.
Decision
Please see enclosed response
Complaints Rights
Your attention is drawn to the enclosed review procedure, which details your right of complaint.
Copyright
Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) to release the enclosed information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner's written permission to reproduce any part of the attached information should be addressed to the Force Solicitor, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP.
I would like to take this opportunity to thank you for your interest in Nottinghamshire Police.
Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number 0115 9672507 or e-mail [email address] quoting the above reference number.
Yours sincerely
Freedom of Information Officer
Enc
RESPONSE
As per previous correspondence.
In response to your Freedom of Information request Nottinghamshire Police force would like to point out the following.
The Freedom of Information Act is a piece of legislation, which quite rightly opens up public authorities to greater scrutiny and accountability.
Under the provision of the act an authority must process a request in writing from a named applicant under the terms and conditions of the legislation. Previous requests relating to birds of prey investigations have been declared vexatious. Whilst giving maximum support to individuals genuinely seeking to exercise the right to know, the Commissioner's general approach will be sympathetic towards authorities where a request, which may be the latest in a series of requests, can be characterised as obsessive or manifestly unreasonable.
Therefore this request applies Section 14 Vexatious under the Freedom of information Act 2000.
This letter constitutes a refusal notice under Section 17 of the Freedom of Information Act 2000 with Section 14 of the Act being applied.
Section 14
Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.
Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.