Information Access Team
Shared Services Directorate
2 Marsham Street, London SW1P 4DF
Switchboard 020 7035 4848
E-mail: [email address] Website: www.homeoffice.gov.uk
Dr Geraint Bevan
June 8, 2010
[FOI #6841 email]
Ref: CR 11126
Dear Dr Bevan
I am writing further to my correspondence of 26th February regarding your
information request dated 29th January. We are now in a position to provide
you with a full reply to your request.
I am pleased to be able to disclose some of the information that you
requested to you. Please find this information attached at Annex A
We have not included the names of officials attending meetings where they
were not Senior Civil Servants. This information is those people’s personal
data and its disclosure would breach the Data Protection Act, and it is
therefore exempt from disclosure under section 40(2) of the FOI Act.
We have also not included precise details of the discussions during the
meetings. This information is exempt from disclosure under section 43(3) of
the FOI Act.
Furthermore we neither confirm nor deny whether we hold any additional
information by virtue of Sections 23(5) (information supplied by or relating to
the security bodies listed in section 23(3) of the FOI Act), and 24(2)
(information relating to national security) of the FOI Act. You should not take
this response to indicate that any additional information either is or is not held
Further explanation of the application of the above exemptions, including
where applicable the relevant public interest tests, can be found in the Annex
B to this letter. If you are dissatisfied with this response details of our
complaints process can be found in Annex C.
I hope that you find this information of interest, and would like to assure you
that you have been supplied with all disclosable information that the Home
Office holds. Where exemptions have been applied I would like to assure you
that their use has been considered with great care in this case.
Yours sincerely,
Diana Pottinger
Information Access Team
Annex A to letter– information to be disclosed
Core Home Office ; meetings held with Detica in the month Jan-Feb 2009
Permanent Secretary
1) Date
2) Location
3) Subjects discussed
4) Participants
5) Any agreed outcomes
27 January
Home Office
The general
David Normington
Headquarters
relationship between
(Permanent Secretary)
2 Marsham Street
Detica and the Home
Assistant Private
London SW1P
Office. The General
Secretary name withheld
4DF
range of services
s40(2)
provided by Detica.
Further details of
2 representatives from
discussions withheld
Detica
s43(3)
Commercial Directorate
28th January
Home Office
The general
Category Lead for
To meet again in the late
headquarters, 2
relationship between
Professional Services in
spring of 2009 to provide
Marsham Street,
Detica and the Home
the Home Office
mutual updates of significance
London, SW1P
Office.
The
Commercial Directorate
4DF
General range of
and
services provided by
Director, Homeland
Detica. The acquisition
Security Business Unit
of Detica by BAE
systems (Holdings)
Limited on 25th
September 2008.
Annex B
Application of exemptions
Section 40(2)
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. The Data Protection Act 1998 sets out rules governing the
processing of personal data i.e. information relating to identifiable living
individuals. These rules are known as the eight Data Protection Principles.
Wherever an FOI request potentially involves the disclosure of personal data,
that data can only be disclosed if its release would be compatible with the
Data Protection Principles. Where disclosure would not be compatible with
one or more of them the information is exempt from disclosure under section
40(2) of the FOI Act. In this case disclosure would not be compatible with the
first Data Protection Principle, that being that the processing of personal data
must be “fair and lawful”, with the result that section 40(2) of the FOI Act
applies.
Section 43(2)
The disclosure of precise details of possible changes in the relationship
between Detica and the Home Office, and the progress of currently held
projects would prejudice both Detica and the Home Office’s commercial
interests. Inappropriate disclosure of sensitive commercial information would
undermine the Home Office’s commercial interests by damaging the private
sector’s faith in the department’s ability to maintain a confidential relationship,
where necessary, with its suppliers. Similarly disclosure of sensitive
commercial information would be damaging to Detica’s commercial position.
We accept that there is a strong public interest in the disclosure of information
about the Home Office’s dealings and contracts with its private sector
partners, both in the interests of accountability and public understanding.
However in this case we believe that this public interest is outweighed by the
public interest in ensuring that the Home Office can work with its private
sector partners to deliver in as effective and cost efficient way possible. This
would currently be damaged by disclosure in this case.
Sections 23(5) and 24(2)
First, Section 23(5) of the FOI Act provides that where necessary the Home
Office can decline to say whether or not it holds information (whether or not
already recorded) which, if it exists, would be directly or indirectly supplied to
the public authority by, or would relate to, any of the bodies specified in
subsection (3). The bodies listed in subsection (3) are:
(a) the Security Service,
(b) the Secret Intelligence Service,
(c) the Government Communications Headquarters,
(d) the special forces,
(e) the Tribunal established under section 65 of the Regulation of [2000 c. 23.]
Investigatory Powers Act 2000,
(f) the Tribunal established under section 7 of the [1985 c. 56.] Interception of
Communications Act 1985,
(g) the Tribunal established under section 5 of the [1989 c. 5.] Security
Service Act 1989,
(h) the Tribunal established under section 9 of the [1994 c. 13.] Intelligence
Services Act 1994,
(i) the Security Vetting Appeals Panel,
(j) the Security Commission,
(k) the National Criminal Intelligence Service, and
(l) the Service Authority for the National Criminal Intelligence Service.
(m) the Serious Organised Crime Agency
Section 23(5) is an absolute exemption and no consideration of the public
interest test is required.
Secondly, Section 24(2) provides that we can decline to say whether or not
we hold information where necessary for the safeguarding of national security.
Section 24 is a qualified exemption, subject to the public interest test.
There is a clear public interest, in the Home Office’s dealings with private
companies being transparent in the interests of promoting accountability and
public understanding. Also, issues surrounding national security are of
significant public interest. However, whilst it is well known that the Home
Office works on various national security issues, given the overriding
importance of safeguarding national security it is not in the public interest to
confirm or deny whether or not we hold additional information relevant to this
request.
You should not take this aspect of our response to provide confirmation or
otherwise that the Home Office holds such additional information relevant to
your request.
Annex C – Complaints
If you are dissatisfied with this response you may request an independent
internal review of any aspect of our handling of your application by submitting
your complaint to:
Information Access Team
Information and Record Management Service
Home Office
Ground Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
During the internal review the department’s handling of your information
request wil be reassessed by staff who were not involved in providing you
with this response.
Should you remain dissatisfied after this internal review, you will have a right
of complaint to the Information Commissioner as established by section 50 of
the Freedom of Information Act.
