Mr M Walker

[email address]

2 November 2009

Dear Mr Walker

FREEDOM OF INFORMATION REQUEST

I write in connection with your request for information dated 5 October, which was received by Cumbria Constabulary on that day. I note you seek access to the following information: -

I refer to Schedule 1 of The Data Protection Principles.

Under Schedule 1, any use of 'sensitive personal data' must be Processed only when at least one of the conditions in Schedule 2 is met, and At least one of the conditions in Schedule 3 is also met.

Your request has now been considered and I can advise Cumbria Constabulary can neither confirm nor deny it holds any information in relation to investigations it may have or have not conducted, which have not subsequently been placed in the public domain. Not only would this undermine any current investigation by alerting those who are suspected of criminal activity, but it may also thwart any such investigation which is being managed as a covert operation. This in itself would disclose tactical options, undermining future operations, but also in this case potentially disclose personal data of an individual. This is because the list to which you refer contained the names of individuals. To confirm, or deny that certain action may or may not have been taken will reveal whether an individual named was suspected of being employed by the force. This may not in fact mean they are a member of the BNP but in fact do no more than simply confirm that there was a member of staff with the same name as one that appears on the list.

Before refusing to comply with the provisions of Section 1(1)(a) of the Freedom of Information Act, Cumbria Constabulary also has to analyse any public interest factors in neither confirming nor denying that information is or is not held, if any of the exemptions cited are qualified in nature. Both Sections 30 and 31 are such exemptions, so the following public interest factors are relevant:

Section 30- Investigations

Favouring confirmation or denial:

Confirming the existence of information would show that the force conducted an investigation, which the public would expect.

Against confirmation or denial:

An investigation if unknown could be compromised and it could hinder the prevention or detection of crime. That may even be because under the Freedom of Information Act 2000, police forces may provided different responses and application of the Section 30 exemption in some areas and not others would in fact immediately expose such investigations.

Section 31 Law Enforcement

Favouring confirmation or denial:

Some information regarding the ability to check against the list is already in the public domain and its full usage would make the public better informed.

Against confirmation or denial:

Law enforcement tactics could be compromised and there could be a hindrance to the prevention or detection of crime.

Balance of Public Interest

At this time the potential harm to current and future investigations outweighs any public benefit in knowing if any additional information is, or is not held. Police Officers and staff are held to public account for their actions by the misconduct regulations and the force is held to account for investigating such matters appropriately by Her Majesty's Inspector Of Constabulary, and/or in some cases by the Independent Police Complaints Commission. There is no further tangible community benefit in complying with Section 1(1)(a) of the Act at this time.

This response should not be taken as an inference that Cumbria Constabulary does or does not hold any further information in relation to your request.

In may assist you to know that the Police Service would be legally entitled to process the sensitive personal date anyway, under Schedule 2 Condition 5 and Schedule 3 paragraph 10 (Statutory Instrument 417/2000, the Data Protection (Processing of Sensitive Personal Data) Order 2000, paragraph 2). The grounds for any decision would be that being a member of the BNP is incompatible with the role of a police officer/police staff and would be regarded as gross misconduct requiring formal action. This does not however mean that Cumbria Constabulary has taken such action at this time.

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

Jane Jones

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

Fax: 01768 217638

My Reference FOI 475/09
Your Reference

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk