Direct Communications Unit

2 Marsham Street, London SW1P 4DF

Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742

E-mail: [Home Office request email] Website: www.homeoffice.gov.uk

[FOI #28408 email]

Mr Steve Elibank

Our reference: T2690/10

FOI reference: 13991 4 March 2010

Dear Mr Elibank,

Thank you for your e-mail of 4 February in which you ask for all information held by the Home Office on Post Office Investigation Branch and the Post Office Security Investigation Services with regard to their policing and investigatory powers, numbers of staff, history and interactions with Government. You specifically mentioned access to communications data under the Regulation of Investigatory Powers Act 2000 (`RIPA'). As you requested, your e-mail has been handled as a request for information under the Freedom of Information Act 2000.

I can confirm that the Home Office holds two items of information on the area you requested (details below). However, we have no information on numbers of Post Office Investigation Branch or Post Office Security Investigation Services staff or the history of these organisations.

RIPA business case

Since July 2008 the Home Office has been working with the Royal Mail over the preparation of a `business case' justifying their continued access to the authorisation of certain covert techniques under RIPA. This includes their use of communications data, directed surveillance and covert human intelligence sources. I attach that business case which sets out why the Royal Mail wished to continue to use communications data and directed surveillance, but not covert human intelligence sources. This information, together with information from other public authorities, enabled us to draw up consolidating orders on all public authorities within the RIPA regulatory regime for these techniques. Those orders were approved by Parliament on 23 February 2010.

You will notice that, after careful consideration, we have decided that the information in the Royal Mail business case on individuals and information on actual cases where RIPA was used (numbers and examples of use) is exempt from disclosure under sections 40(2) and 31(a), (b) and (c) of the Freedom of Information Act. These provide that information can be withheld where disclosure would be personal information or would be likely to prejudice effective law enforcement. Arguments for and against disclosure of the latter, in terms of the public interest, with the reasons for our conclusion, are set out in the attached Annex. Section 40(2) of the Act is an absolute exemption, and as such requires no further consideration. It is the general policy of the Home Office not to disclose, to a third party, personal information about another person. This is because the Home Office has obligations under the Data Protection Act and in law generally to protect this information.

Request to extend application of RIPA

From May to November 2009 we corresponded with the Royal Mail over whether the way they were defined in the RIPA orders limited their use of RIPA and whether the definition could be amended to widen the type of investigations they could support with RIPA. I attach the relevant e-mail correspondence, again with the personal information withheld under section 40 of the FOIA and information on law enforcement redacted in line with the reasons set out in Annex A.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting a complaint within two months to the address below, quoting reference 13991. If you ask for an internal review, it would be helpful if you could say why you are dissatisfied with the response.

Information Access Team

Home Office
Ground Floor, Seacole Building

2 Marsham Street

London SW1P 4DF

e-mail: [email address]

As part of any internal review, the Department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. If you remain dissatisfied after this internal review, you would have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

Yours sincerely,

A S COOPER

ANNEX A

PUBLIC INTEREST CONSIDERATION

SECTION 31: LAW ENFORCEMENT

Section 31 of the Freedom of Information Act creates an exemption from the right to know if releasing the information would or would be likely to prejudice one or more of a number of law enforcement areas. We consider that the law enforcement areas in this case are those identified in the following Freedom of Information Act sections:

• s31 (a) the prevention or detection of crime;

• s31 (b) the apprehension or prosecution of offenders; and

• s31 (c) the administration of justice.

We consider that the public interest in releasing this information is outweighed by the likely damage to the Royal Mail's ability to act against crime committed against the postal service. On the one hand, the public wants assurance that the Royal Mail are safeguarding their interests in a firm but fair way. However, the ability of the criminal to build a picture of how enforcement techniques are used, what their targets are and how often they are deployed would be likely to undermine the ability of the Royal Mail to act effectively against crime. It would assist the criminal to evade any covert technique deployed to keep the mails safe if they knew where and in what circumstances these techniques were likely to be deployed.