16 March 2010 
 
 
 
Your Ref: 
 
 
 
 
Our Ref: 
0049/10 
 
 
 
 
 
 
Michael Traill 
Force Disclosure Unit 
 
Police Headquarters 
Email:- 
173 Pitt Street 
[FOI #27689 email] 
GLASGOW
 
G2 4JS
Tel: 0141 435 1200
Fax: 0141 435 1218
 
 
 
Dear Mr Traill 
 
FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER 0049/10 
 
I refer to your request for access to information made under the terms of the Freedom 
of Information (Scotland) Act 2002 (hereinafter referred to as ‘the Act’) and the 
response dated 22 February 2010 from John Cameron of the Freedom of Information 
(FOI) Unit.  In accordance with the Act, the Review Panel (hereinafter referred to as 
‘the Panel’) convened on 10 March 2010 to consider your request for a review of that 
decision and in terms of Section 21(4)(a) of the Act, has upheld the original decision 
made without modification.     
 
The response to your request cited exemptions relating to  
Section 34(1)(a) & (b) and (3) – Investigations by a Scottish Public Authority; 
Section 35(1)(a) & (b) – Law Enforcement and  
Section 39(1) – Health, Safety and the Environment and after consideration, each 
exemption was upheld. 
 
The Panel noted that your original request was for  
 
‘information relating to payments made to informers during 2009. 
 
Please provide a breakdown of each transaction for each informer and for what 
reason the money was provided’.    
 
In his response to you on 22 February 2010, John Cameron advised you – by way of 
assistance – of the total payments made to CHIS by Strathclyde Police for the 
financial year 2008/09.  
 
The Panel noted that in your request for a review you state:- 
 
‘I cannot see it being out of order to expect an overall figure be provided for 2009 
instead’ 

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The Panel considered that this had not been your initial request – had it been your 
request it would have been explained to you that the Force do not hold the 
information for the 2009 calendar year. In accordance with guidance from the Office 
of the Scottish Information Commissioner (OSIC), and published decision notices, if 
an organisation does not hold the information requested, it should not then attempt to 
create information for the purposes of a request.  As stated, it was by way of 
assistance, that the available figure, for 2008/09, was provided.  The Panel noted that 
Mr Cameron, in his letter of 22 February 2010, referred you to the Scottish 
Information Commissioner’s decision on a similar request (037/2009) as he noted this 
may be of some assistance to you.  For your information, I note the website address; 
http://www.itspublicknowledge.info/home/ScottishInformationCommissioner. asp    
 
I refer to your further comments regarding the use of CHIS and would refer you to the 
website of the Office of the Surveillance Commissioner, 
http://www.surveillancecommissioners.gov.uk/docs1/osc_annual_rpt_2007_08.pdf  
and to the Code of Practice under the terms of the Regulation of Investigatory Powers 
(Scotland) Act 2000, 
http://www.scotland.gov.uk/Publications/2003/03/16694/19530
  
If, after receiving the decision of the Panel, you are not satisfied, you are entitled to 
make an application for decision to the Scottish Information Commissioner, Kinburn 
Castle, Doubledykes Road, St Andrews, Fife FY16 9DS, telephone number 01334 
464610. 
 
Yours sincerely 
 
 
 
 
Sheena Brennan 
Force Disclosure Manager/  
Acting Head of Information Management 

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