Information Access Team

Home Office Information Technology Directorate

2 Marsham Street, London SW1P 4DF

Switchboard 020 7035 4848 Fax: 020 7035 4745 Telephone: 020 7035 1040

e-mail: [email address] Website: www.homeoffice.gov.uk

Mr Alex Skene

[FOI #803 email]

Our Ref: CR 9526

Date: September 2009

Dear Mr Skene

I am writing further to my earlier correspondence regarding your request for an internal review of the response to your Freedom of Information request about data relating to standards for digital passport photos. I would like to begin by offering my apologies for the length of time it has taken to conclude this case. I fully recognise that this delay falls short of expected best practice standards, and would like to assure you that we aim to answer internal review requests within much shorter timescales than we have done in this case.

I have however now completed a full review of the papers relevant to your request and of the decisions taken to withhold the information you requested.

First, you asked for a copy of the post office photo template. I understand that any use of section 43(2) was in fact in relation to the new template then being developed. Clearly it is not engaged in relation to the then current version as this was available on the IPS website. I do not consider that section 43(2) of the FOI Act was engaged in relation to the new version either however, as I do not believe that early publication of the new template would have provided commercial advantage to its recipients. This is because, in line with standard Home Office FOI practice, had it been released to you it would also have been published on the Disclosure Log on our website at the same time. It would have been made universally available, and this would reduce the risk of commercial advantage being given to any person to an almost total extent.

However, I agree that it was correct to withhold the new template from you at the time of your request as an intention existed to publish it once approved. Therefore section 22(1), the qualified exemption covering information intended for future publication, of the FOI Act was engaged. Further details about its application can be found in the Annex to this letter. However given that this template has now been published on the IPS website I no longer seek to rely on this exemption, and the relevant information can be accessed under the heading “The basics” at:

http://www.ips.gov.uk/cps/rde/xchg/ips_live/hs.xsl/36.htm

Second, you asked that IPS disclose the technical specifications for photo measurements to you. This aspect of your request was refused under section 31(1) of the FOI Act. Some information relevant to this aspect of your request is already in the public domain, for instance via the above link and also from sources referred to in previous IPS correspondence. Therefore it is clear that section 31 is not engaged in relation to all information relevant to this question. In respect of any other information held, however, I do consider that IPS were correct to cite section 31 of the FOI Act; although they should have made explicit reference to sections 31(1)(a) and 31(1)(e), relating to the prevention and detection of crime and the operation of immigration controls respectively. Further information about the application of these exemptions can be found in the Annex to this letter.

In your letter you also stated that you believed the explanations provided about the application of exemptions to have been inadequate. I concur, and have reminded IPS of the need to explain to applicants how a qualified exemption is engaged before considering the public interest test.

I understand that you have already in contact with the Information Commissioner's Office about this case. Should you be dissatisfied with any aspect of the outcome of this review they will consider your complaint further.

Yours sincerely

Diana Pottinger

Information Access Consultant