ACPO Criminal Records Office

Link: [1]File-List

20th April 2009

Case Reference Number IRQ0244438

Dear Mr Brown

Thank you for your email of 19 April 2009 in which you have made a request
for information to the Information Commissioner’s Office.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 18 May 2009 which, taking into
account the May bank holiday, is 20 working days from the day after we
received your request.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/rad873C2_files/filelist.xml

Link: [1]File-List

13th May 2009

Case Reference Number IRQ0244438

Dear Mr Brown

Further to our acknowledgement dated 20 April 2009, we are now in a
position to provide you with a response to your request for information.

On 19 April 2009 you requested the following information:

“Please would you provide the following information:

(a) please would you disclose electronic copies of all correspondence
between the ICO and ACPO (including senior police officers/officials
acting on behalf of ACPO) regarding the creation of ACRO and its
registration as a data controller/processor;

 (b) please would you disclose electronic copies of any correspondence
with the Home Office and any other government departments regarding the
creation of ACRO and the new arrangements for providing information to the
Australian, Canadian, New Zealand and US authorities for visa application
purposes.

 (c) please disclose any assessment the ICO has made of the legality of
the fee

structure imposed by ACRO for what amounts to a subject access request.  

In response to point (a), please find attached a copy of the following:

· A copy of the notification form dated 27 March 2008

· Previous version of register entry (27 March2008-14 April 2008)

· Previous version of register entry (14 April 2008-17 April 2009)

· Current register entry (27 March 08 26 March 2010)

· Invalid renewal request

· Valid renewal request

Please note that a change of the registry entry was carried out 14 April
08 but we do not hold the paper work related to the amendment. This has
been destroyed as per our retention policy (we keep original paper work
related to amendments for one year).

Please note that we have removed signatures and some staff names that
would not normally expect their names to be in the public domain. This
information is exempt under s40 (2) of the Freedom of Information Act.
Section 40(2) of the Freedom of Information Act 2000 (FOIA) allows a
public authority to withhold information from a response to a request
under the FOIA when the information requested is personal data relating to
someone other than the requestor, and its disclosure would contravene one
of the Data Protection principles.

We have also removed the security details on the notification form. The
information is exempt under section 44 of the FOIA. Information may be
withheld under this exemption if “any enactment” prohibits its
disclosure. Section 59 of the DPA prevents the ICO from disclosing
information which was furnished to the Information Commissioner for the
purposes of the DPA, unless the disclosure is made with lawful authority.
In this case we do not have the lawful authority to make the disclosure.
Thus section 59 prohibits the disclosure and section 44 of the FOIA also
exempts the information from being included in a response to an FOIA
request.  The security details were given to the ICO as a part of
requested information on the notification form. This information is not
made publicly available for security purposes.

In relation to point (b), please find attached 3 documents:

o A letter from Mr Gary Linton of ACRO to Mr Jonathan Bamford (Assistant
Information Commissioner) dated 12 May 2008
o An email to Mr Bamford from Mr Gary Linton of ACRO dated 30 May 2008.
o An email response from Mr Bamford

Please note that we had removed the signature of Mr Linton as it exempt
under section 40 (2) of the FOI Act as explained above.

In relation to point (c) we do not hold information regarding “any
assessment the ICO has made of the legality of the fee structure imposed
by ACRO for what amounts to a subject access request”.

I hope the above is of assistance to you.

If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Internal Compliance Team
at the address below or e-mail [2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely,

Iman Elmehdawy

Assistant Internal Compliance Manager

Information Commissioner’s Office

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/rad26B03_files/filelist.xml
2. mailto:[email address]