Altercation with anti-war protesters Hyde Park underpass

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010001365
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 08/01/2009. I note you seek
access to the following information:

* " Copies of any recorded information arising out of the physical
altercation between the police and anti-war protesters that took place
in the Hyde Park underpass on Saturday afternoon, 3rd of January."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within
the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference
to a third party. In some circumstances the MPS may be unable to
achieve this deadline. If this is likely you will be informed and
given a revised time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
contact me on the above email address quoting the reference number
above.

Yours sincerely

Emma Linney
Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think
the decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision
of the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision you may make application to the Information
Commissioner for a decision on whether the request for information has
been dealt with in accordance with the requirements of the Act.

For information on how to make application to the Information
Commissioner please visit their website at
www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010001365

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 08/01/2009. I note you seek
access to the following information:

* Copies of any recorded information arising out of the physical
altercation between the police and anti-war protesters that took place
in the Hyde Park underpass on Saturday afternoon, 3rd of January..

This letter is to inform you that it will not be possible to respond to
your request within the cost threshold. We estimate that the cost of
complying with this request would exceed the appropriate limit. The
appropriate limit has been specified in regulations and for agencies
outside central Government; this is set at £450.00. This represents the
estimated cost of one person spending 18 hours [at a rate of £25 per
hour] in determining whether the MPS holds the information, and locating,
retrieving and extracting the information.

In accordance with the Freedom of Information Act 2000, this letter acts
as a Refusal Notice.

Section 17(5) of the Act provides:

(5) A public authority which, in relation to any request for information,
is relying on a claim that section 12 or 14 applies must, within the time
for complying with section 1(1), give the applicant a notice stating that
fact.

Section 12 of the Act provides:

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit.

The broad nature of your request does not assist with identification of
information that may answer your request, yet remain below the threshold.
I invite you to redefine your request within three months from the date
of this letter. If we do not hear from you by the 22nd of April this
request will be treated as withdrawn.

If you wish to discuss redefining your request, please contact me on 0207
230 0654 or via email at [email address].

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Dave Howe on telephone number 0207 230 0654 quoting the
reference number above.

Yours sincerely

Dave Howe
Public Order Review Unit

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1TR

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010006774

I write in connection with your letter dated 24 January 2009 requesting
that the Metropolitan Police Service (MPS) review its response dated 20
January 2009 to your request for information relating to anti-war
protesters in the Hyde Park underpass:

* Original FOI case number: 2009010001365

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint as soon as
practicable and no later than 20 March 2009.

Should you have any further inquiries concerning this matter, please
contact me by email or using the address at the top of the letter quoting
the reference number above.

Thank you for your interest in the MPS.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010006774

In response to your letter of 28 January 2009, the MPS Internal Review
guidance states that an internal review will be carried out as soon as
practicable and no later than 40 working days from the date of the
internal review is received.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please do
not hesitate to contact me, quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010006774

Further to our letter of 6 February 2009, I have unfortunately been unable
to meet the response time originally provided to you in relation to:

* Original FOI number 2009010001365.

I hope to complete your review no later than 3 April 2009. Should there be
any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S.Pallen
Freedom of Information Policy, Research, Review Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010006774

Further to our letter of 19 March 2009, I have unfortunately been unable
to meet the response time provided to you in relation to:

* FOI Complaint regarding original FOI number

I hope to complete your review no later than 24 April 2009. Should there
be any further delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear,

Freedom of Information Review number: 2009010006774

Further to our letter of 3 April 2009, I have unfortunately been unable to
meet the response time provided to you in relation to:

FOI Original case number: 2009010001365

I hope to complete your review no later than 11 May 2009. Should there be
any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010006774

Further to our letter of 24 April 2009, I have unfortunately been unable
to meet the response time provided to you in relation to:

* FOI original case number: 2009010001365

I hope to complete your review no later than 2 June 2009. Should there be
any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me on 020 7161 3604 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Sarah Pallen
Freedom of Information Policy, Research, Review Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010001365

Further to our letter of 11 May 2009, I have unfortunately been unable to
meet the response time provided to you in relation to:

* FOI original case number: 2009010001365

I hope to complete your review no later than 19 June 2009. Should there be
any unforeseen delay, I will contact you and update you as soon as
possible.

I apologise for the delay, and thank you for your patience.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Pallen
Freedom of Information Policy, Research, Review Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009060002487
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/06/2009. I note you seek
access to the following information:

1. "Between 1 Dec 2008 and 1 June 2009 how many internal review cases
have you had?"
2. "What was the response time for each? "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within
the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference
to a third party. In some circumstances the MPS may be unable to
achieve this deadline. If this is likely you will be informed and
given a revised time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
contact me by email, quoting the reference number above.

Yours sincerely

Katie London
Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think
the decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision
of the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision you may make application to the Information
Commissioner for a decision on whether the request for information has
been dealt with in accordance with the requirements of the Act.

For information on how to make application to the Information
Commissioner please visit their website at
www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009010006774

Further to our letter of 02 June 2009, I am now able to provide a full
response to your complaint concerning the altercation between MPS officers
and protestors on the 3 January 2009 in the Hyde Park underpass:

* Original FOI request number 2009010001365

I note you have requested the following information:

"Copies of any recorded information arising out of the physical
altercation between the police and anti-war protesters that took place in
the Hyde Park underpass on Saturday afternoon, 3rd of January."

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Vary the original decision

REASON FOR DECISION

Firstly, please let me apologise for the delay in responding to your
request for a review. Given the nature of your request, extensive searches
needed to be conducted covering various departments. I can assure you
that every effort was made to respond within the deadline. I hope this
did not cause you too much of an inconvenience and I thank you for your
understanding.

To conduct this review, I consulted with CO11 - Public Order, the
Directorate of Professional Standards and the Directorate of Public
Affairs.

As a result, I am able to provide you with a response to your original
request, and have decided to vary the decision made by Inspector Howe.

Before I explain the reasons for the decisions I have made in relation to
your FoIA request, I thought that it might assist you if I outline the
parameters set out by the Freedom of Information Act 2000 (the Act) within
which a request for information can be answered.

The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. A public authority in receipt of a
request must, if permitted, confirm if that public authority holds the
requested information and, if so, then communicate that information to the
applicant.

The right of access to information is not without exception and is subject
to a number of exemptions, which are designed to enable public authorities
to withhold information that is not suitable for release. Importantly, the
Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then
considered public information and must be communicated to any individual
should a request be received.

I have considered your request for information within the provisions set
out by the Freedom of Information Act 2000.

In relation to my first duty under the Act, which is to confirm if the
requested information is held by the MPS, I can confirm that I have
located information relating to your request.

In relation to my second duty under the Act, which is to provide the
requested information to you, I have carefully considered your request and
decided not to release the information you have requested to you.

Having located and considered the relevant information, I am afraid that I
am not required by statute to release the information requested. This
letter serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000 (the Act).

The use of Section 12

I note that in your request for a review you stated that you were unhappy
with Inspector Howe's response as he failed to adhere to the ICO guidance
by not stating whether we hold relevant information, by not providing a
calculation as to how we reached those cost limits, by not indicating what
files or records are held, nor providing advice on how to narrow the
request.

I apologise that Inspector Howe failed to provide such information.
However, I have decided to overturn the use of section 12 and instead
refuse access to the information you have requested by virtue of sections
30(1)(a)(b)(c), 30(2)(a)(iii), 31(1)(a)(b)(c) and 40(2).

Section 17 (1) of the Act provides:

(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision of Part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which-
(a) states that fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 40 (2) of the Act provides:

2) Any information to which a request for information relates is also
exempt information if-
(a) it constitutes personal data which do not fall within subsection (1),
and
(b) either the first or the second condition below is satisfied.
(3) The first condition is-
(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the [1998 c. 29.] Data
Protection Act 1998, that the disclosure of the information to a member of
the public otherwise than under this Act would contravene-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
[1998 c. 29.] Data Protection Act 1998 (which relate to manual data held
by public authorities) were disregarded.

One of the main differences between the Data Protection Act (1998) and the
Freedom of Information Act (2000) is that any information released under
FOI is released into the public domain, not just to the individual
requesting the information. As such, any release that identifies an
individual through releasing their personal data, even third party
personal data, is exempt.

Personal data is defined under the Data Protection Act (1998) as data that
is biographical in nature, has the applicant as its focus and/or affects
the data subject's privacy in his or her personal, professional or
business life.

Under principle one of the Data Protection Act 1998, personal data must be
processed by an organisation fairly and lawfully. Therefore to release
the personal data of third party individuals, which would be included
within the information you have requested, would breach the agreed use of
that information and would infringe the Data Protection principles.

The first data protection principle states:
1. Personal data shall be processed fairly and lawfully an, in particular,
shall not be processed unless-
(a) at least one of the conditions in schedule 2 is met.

Some of the information requested, which has not been disclosed, is
classed as personal data in Section 1 of the Data Protection Act. After
reviewing the conditions under Schedule 2, I believe condition 1 & 6 under
Schedule 2 is relevant to the disclosure of the requested information.
However, Conditions have an overriding requirement for processing
personal data to uphold the fundamental freedoms afforded to Data
subjects, which I believe this request does not meet by virtue of Article
8 of the Human Rights Act 1998.

Data Subjects have the right to respect for his private and family life
under Article 8 of the Human Rights Act, which states:

1. Everyone has the right to respect for his private and family life, his
home and his correspondence.
2. There shall be no interference by a public authority which the exercise
of his right except such as in accordance with the law and is necessary in
a democratic society in the interest of national security, public safety
or the economic well-being of the country, for the prevention of disorder
or crime, for the protection of health or morals, or for the protection of
the rights and freedoms of others.

In conclusion, I do not believe the disclosure of the remaining requested
information would meet the requirements of the Data Protection Act 1998 or
the Human Rights Act 1998 and is therefore exempted under Section 40(2).

This exemption is both absolute and class based. When this exemption is
applied, there is no requirement to consider whether release of
information is in the public interest or demonstrate what harm would
result from disclosure.

The MPS is mindful that personal information is handled in a sensitive and
responsible manner. Those who have assisted with this investigation are
not likely to expect their personal information to be released into the
public domain.

Section 30 (1)(a)(b)(c) of the Act provides:

(1) Information held by a public authority is exempt information if it has
at any time been held by the authority for the purposes of-
(a) any investigation which the public authority has a duty to conduct
with a view to it being ascertained-
(i) whether a person should be charged with an offence, or
(ii) whether a person charged with an offence is guilty of it,
(b) any investigation which is conducted by the authority and in the
circumstances may lead to a decision by the authority to institute
criminal proceedings which the authority has power to conduct, or
(c) any criminal proceedings which the authority has power to conduct.

Section 30 (2)(a)(iii) of the Act provides:

(2) Information held by a public authority is exempt information if-
(a) it was obtained or recorded by the authority for the purposes of its
functions relating to-
(iii) investigations (other than investigations falling within subsection
(1)(a) or (b)) which are conducted by the authority for any of the
purposes specified in section 31(2) and either by virtue of Her Majesty's
prerogative or by virtue of powers conferred by or under any enactment.

Section 30 is a qualified, class based exemption. When this exemption
applies, as it does strongly in this case, I am required to provide you
with a public interest test.

The information you have requested relates to details of police
investigations. Disclosing specific details of police knowledge could
potentially impact and undermine tactical and strategic techniques used or
considered to target criminal activity. It is not in the public interest
to set such a precedent.

The information you have requested is held for the purpose of conducting
an investigation. Disclosing the information you have requested may
negatively effect the investigation as well as any potential criminal
proceedings or judicial process. Retaining the operational effectiveness
of the MPS and our ability to fulfill our core function of law enforcement
is paramount. It is not in the public interest to release information
under the Act which is likely to have a negative impact on these
functions.

Some of the information that is captured by this request also relates to
investigations being carried out by our Directorate of Professional
Standards (DPS). There have been complaints made against MPS officers and
the MPS do hold information arising out of them. However, to disclose
details would hamper the ability of the Unit to conduct thorough
investigations without prejudice, and may also hinder their ability to
ascertain whether any person is responsible for any conduct which is
improper. All police officers are expected to behave professionally,
ethically and with the utmost integrity at all times. Any instance where
the conduct of our staff brings the MPS into disrepute is treated
extremely seriously by the MPS. In order to assess whether there has been
any misconduct by our officers, we must ensure our investigations, whilst
ongoing, are conducted impartially. Any 'trial by media' must therefore be
avoided.

Public Interest Test for Section 30 (1)(a)(b)(c) and 30 (2)(a)(iii)

Public interest considerations favouring disclosure

Accountability
To provide the information you have requested about the altercation
between police and anti-war protestors in the Hyde Park underpass on 3
January 2009 would ensure the MPS are accountable for their actions. By
providing the public with details of the subsequent investigations, the
MPS could provide evidence that we conduct thorough investigations to the
high standards expected. This relates to both investigations into
suspects at the incident and also the police officers that have
subsequently received complaints. Releasing the requested information
would show that our officers are subject to investigations the same as all
other members of the public.

Disclosing this information would enable the public to understand the MPS
efficiency and effectiveness of the handling of this case.

Public Awareness and Debate
To release the information requested about this investigation would aid
public debate and awareness concerning the MPS's actions when dealing with
protestors. Bearing in mind the criticism that the MPS received recently
following the G20 protests, it is arguably in the public interest to
release information that would prove the police were justified in their
involvement with protestors.

Given the fact that the Israeli Demonstrations were very high profile, it
could be strongly argued that it is in the public interest to know what
the MPS have done subsequently to deal with the situation and what
investigations, including those internally, have arisen from the events.

Use of Public Resources
Disclosure of the requested information could show the public how the MPS
distribute funds and resources relating to investigations. To provide
details of the subsequent investigations would show the public that the
MPS are spending public funds justifiably, thus ensuring openness and
transparency.

Public interest considerations favouring non-disclosure

Efficient and Effective Conduct of the Service
To release any information we hold in relation to this request would
jeopardise current, and any subsequent, investigations that the MPS are
conducting or planning to conduct. Should we disclose the information you
have requested on this case, those involved in the case (or even those who
may assist with non-related cases) may be more likely to withhold from
assisting us further, should they feel information surrounding cases be
continuously released. Our ability to gather information to perform our
public service functions is paramount. Releasing information on this case
could therefore have a negative impact on the relationships we work hard
to build to assist with our work.

Investigations
It is extremely rare that details of an investigation will be disclosed,
especially if it is ongoing, as to do so will invariably release personal
information, law enforcement techniques and potentially damage the
criminal justice process.

The success of many investigations, including this one, depends on
ensuring that information is not disclosed prematurely. To provide the
information pertinent to your request would hinder the MPS in their
ability to conduct investigations arising from this case. To even provide
a breakdown of the types of information we hold would alert those involved
to whether or not we may have evidence relating to them, thus impinging on
our ability to conduct an efficient and successful investigation.

One core function of the MPS is law enforcement. Within this is the
administration of justice. To release the requested information would
impact upon our ability to fulfill this function and therefore such a
release cannot be seen to be in the public interest.

As for internal investigations currently being conducted by DPS, the same
arguments apply. The MPS take any suggestion of misconduct by our
employees extremely seriously, and our investigations into such
allegations are therefore treated with the same level and depth of
examination.

Timing of Request
The timing of a request is taken into account when assessing the public
interest and harm in disclosing information. At the present time, it
cannot be considered in the public interest to disclose information that
may prejudice any upcoming court cases or internal hearings held in
relation to the Directorate of Professional Standards.

It should be noted that a different decision might be reached if the
request were to be resubmitted upon completion of the investigations and
legal proceedings.

Public Safety
If the information you requested were to be disclosed, there is the
potential that possible suspects could avoid being apprehended and thereby
go on to participate in further demonstrations and commit other public
order offences, thereby increasing the threat to public safety.

Section 31 (1)(a)(b)(c) of the Act provides:

(1) Information which is not exempt information by virtue of section 30 is
exempt information if its disclosure under this Act would, or would be
likely to, prejudice-
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders,
(c) the administration of justice,

Section 31 is a qualified, prejudice-based exemption. When this exemption
applies, I am required to provide you with a public interest and harm
test.

Evidence of Harm

In considering whether or not this information should be disclosed, I have
considered the potential harm that could be caused by disclosure.

The information you have requested includes a large amount of detail about
how we conduct investigations. Disclosing specific details of police
tactics and methodology could potentially impact and undermine tactical
and strategic techniques used or considered to target criminal activity.

The release of operational tactics contained within this information would
furnish individuals or groups having the necessary intent to disrupt
police activity with the necessary information to effectively do just
that, thereby hindering future operational activity.

This would consequently increase the capability for criminals, including
extremist networks, to target innocent members of the public. Any release
of information that would be likely to prejudice a police services'
ability to prevent and/or detect crime could only be viewed as being
harmful to members of the public.

Public Interest Test for Section 31(1)(a)(b)(c)

Public interest considerations favouring disclosure

Accountability
The information requested relates to the efficiency and effectiveness of
the force or its officers. Regarding your request, forces may be obliged
to prove to the general public they are actively involved in initiatives
to reduce crime, such as proactive policing of public protests, thus
ensuring public safety and confidence. The release of the requested
information would demonstrate to the public the measures taken by the
police to utilise resources where and when they are believed by the public
to be most needed.

The general public expects the highest standard of professionalism and
integrity in the delivery of policing services by the MPS. The release of
the requested information would demonstrate an open relationship between
the MPS and the public in policing matters.

Public Awareness and Debate
To release information about how we policed the demonstration in Hyde Park
on the 3 January 2009 would provide the public with knowledge of our
obligations and duties, enabling open debate on the tactics we use in
operational policing. This would enable the public to make informed
decisions about our actions, correcting rumour and falsehoods that are
often perpetuated following large, high profile public order events.

Public interest considerations favouring non-disclosure

Efficient and Effective conduct of the Service
To release the requested information about the altercation and how we
handled the incident could prevent the Service from preventing and
detecting future crime, as well as hinder our ability to apprehend
offenders.

Information regarding police tactics and procedures is a valuable
commodity to individuals (and/or organisations) wishing to commit crime,
as it provides an insight into tactics and resources available to the MPS.
Therefore, those seeking to commit criminality could counter any future
policing tactics and elude justice. This will ultimately have a
detrimental impact on innocent members of the public living or travelling
within London.

Investigations
As stated previously in this response, the records generated by
investigations intrinsically contain information relating to police
tactics and methodology. To release the requested information would be
detrimental to the MPS and our ability to maintain our core law
enforcement function.

One of the main aspects of our role is to ensure that we can prevent and
detect crime. To provide the wider public with details of our
investigative methodology would hinder this ability by providing those
with criminal intentions the necessary information to avoid detection and
subsequent justice. Therefore this cannot be seen to be in the public
interest.

Balancing Test
After weighing up the competing interests I have determined that the
disclosure of the above information would not be in the public interest.
I consider that the benefit that would result from the information being
disclosed does not outweigh disclosing information relating to the
altercation between the MPS and anti-war protestors on the 3 January in
the Hyde Park underpass.

It is pertinent to note that the public interest is not what interests the
public but what will be of greater good, if released, to the community as
a whole. My final decision to refuse access to the information you have
requested is based on what is in the public interest and not what is of
interest to the public.

At this time, it is my belief that disclosure of the requested information
would jeopardise current and any future investigations arising out of the
altercation on the 3 January 2009. This is not to say that some of the
requested information will not be made available upon conclusion of the
investigations.

However, I can provide some information that may be of interest to you in
relation to your request.

The Directorate of Professional Standards can confirm that they are
investigating 22 complaints against MPS officers in relation to the two
week period of Israeli anti-war demonstrations.

The following press lines from the Directorate of Public Affairs may also
be of interest to you:

"Hundreds of demonstrators attempted to have a spontaneous march from
Trafalgar Square to the Israeli Embassy. The MPS immediately deployed
officers to work with and negotiate with the protestors to facilitate the
march for their own safety and to minimise disruption to the area.

The route of this march took protestors through the Piccadilly Underpass.
Before entering the underpass officers announced over a loud hailer to the
crowd that they would be facilitated to the Israeli Embassy but in a
controlled manner for their own safety.

As police were attempting to facilitate people through in a controlled
manner a small number of people attempted to push through police lines,
threw missiles at officers and attempted to drag officers into the crowd
of demonstrators.

A number of stewards and other protestors attempted to calm the situation.
Officers made one 10-metre advance into the crowd to re gain control of
the protest, using recognised and proportionate tactics.

This was filmed by police evidence gatherers.

A number of people including Mr Galloway were facilitated through police
lines for their safety.

There was no police lines behind the group of protestors, and at all times
demonstrators could leave via the underpass back into Piccadilly.

We would urge anyone who feels they have a complaint to make about the
policing to contact police and report it through the most appropriate
channels. This is so the matter can be properly looked into for the
reassurance of those present today, other demonstrators and our own
officers."

There are also some articles in the press and from the MPS website
relating to the incident which may be of some assistance:

http://news.bbc.co.uk/1/hi/uk/7809656.stm

http://www.thisislondon.co.uk/standard/a...

http://cms.met.police.uk/news/arrests_an...

http://cms.met.police.uk/news/appeals/ap...

There is a mention of the incident in some MPA meeting minutes under the
heading 'Public Order', featured below:

http://www.mpa.gov.uk/committees/sop/200...

The ACPO Manual of Guidance on Keeping the Peace may also provide you with
some useful information about the policing of Public Order events.

http://www.acpo.police.uk/asp/policies/D...

As this is an ongoing investigation, we urge anyone with information to
call 07918 767901, or call Crimestoppers anonymously on 0800 555 111.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7161 3527 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Shannon Aldridge
Quality and Assurance Advisor
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009060002487

Please accept my apologies for the delay in responding to your FOIA
request.

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 10/06/2009. I note you seek
access to the following information:

"1. Between 1 Dec 2008 and 1 June 2009 how many internal review cases have
you had?
2. what was the response time for each? "

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Public Access Office.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to disclose the located information to you in full.

Please find attached information pursuant to your request above.

Whilst it is fully recognised that there are a number of cases within this
disclosure, which are over the ICO's guidance of 20 - 40 working days
turnaround deadlines, we are actively working on improvement measures to
address this issue, which includes the review of our current budgets to
ascertain whether there is an opportunity to recruit an additional FoIA
Policy, Research and Review Officer to cover the increase in review
workload we have experienced so far this year.

Before I list all of the improvement measures we have put into place I
should clarify that FoIA within the MPS is a devolved process, which
requires each business unit to answer initial FoIA requests rather than
processing requests by a central team, thus ensuring that FoIA requests
are handled by the subject specialists within the organisation.

The compliance improvements measures we have implemented so far this year
are the following:

Recruitment of the Freedom of Information Act (FoIA) Quality and Assurance
Team:
We have created a new FoIA Quality and Assurance (Q&A) Team consisting of
four (4) junior managers who have all undertaken ISEB courses in FoIA this
year. The aims and objectives of the team are to review and quality assure
the legislative and policy requirements of all FoIA responses before they
are sent by individual business units. The team are actively involved
from day one (1) of the request to ensure that the business unit who are
handling the request has the necessary specialist support and guidance
from the very beginning to ensure that requests are being handled
appropriately and inline with the legislation (this includes timescales).

This team is still in pilot status and are currently only focusing on one
business area to test the process for effectiveness in terms of improved
compliance. If the results of the trial are positive we are fully
committed to rolling this solution out across the Service.

Recruitment of an Additional Higher FoIA Information Access Manager:
We have also recruited an additional Higher FoIA Information Access
Manager to review and manage the FoIA Policy Support Team with a view to
improving compliance across the remaining business areas not covered by
the Q&A team. Equally, the role holder is also scheduled to work on the
creation and roll-out of the MPS Disclosure Log, details of which is
covered in the remaining part of this correspondence.

Recruitment of the Information Access Training Officer:
The Service has recruited a PAO Information Access (IA) Training Officer
(to cover Data Protection and Freedom of Information Act plus
Environmental Information Regulations). We are confident that with the
recruitment of this new role the Service will be best placed to tackle any
training / knowledge gaps across the business. The delivery of such a plan
will take sometime to complete but with a considered approach we will be
able to target areas of the business that require the training the most in
conjunction with the ongoing support offered by the PAO's Q&A and FoIA
Policy Support Teams.

MPS Commitments to Proactive Information Release:
FoIA features very highly on the agenda of senior ranking staff members
within the Service and it is recognised by many that proactive disclosure
is the best approach to this piece of legislation. One such example of
this is the proactive disclosure of the Assistant Commissioner Alison’s
review of the operations around the management of the protests and
security arrangements for G20
(http://www.mpa.gov.uk/committees/mpa/200...).

We are working to increase proactive disclosures in future in conjunction
with the MPS Disclosure Log, which is covered in the next section.

MPS Commitment to the Implementation of a FoIA Disclosure Log:
With the introduction of the Q&A team it is now our aim to create and
implement a MPS Disclosure Log in the near future, which will proactively
make available all our FoIA responses via our website. We want to ensure
that the product we roll out to the public is accessible for all,
therefore, it is vital we carefully consider all areas / issues to ensure
that this is achieved.

Review of the Internal Communications Around Information Access:
We believe that the success of our improving our FoIA compliance is
dependant upon the communication channels we use to communicate with the
business and the FoIA Practitioners. This is why we are currently
reviewing our intranet site and other communication channels to ensure
that our messages are clear and are reaching our intended audience.

Review of MPS FoIA Policy:
Finally, we have reviewed our FoIA Policy to address the ever changing
nature of this piece of legislation. The final draft of the policy is
currently under review by our Policy Clearing House but once this is
completed this will be published on our publication scheme.

We are currently working closely with the ICO in terms of our on-going
improvements with FoIA compliance and we have set our firm commitment to
achieving full compliance, which includes internal reviews handling.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact Andrea Duncan via email quoting the reference number above.

Yours sincerely

Andrea Duncan
Policy & Support Team
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Kinnear,

Freedom of Information Request Reference No: 2009080001474
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 07/08/2009. I note
you seek access to the following information:

"Can I please have copies of all correspondence (I am only interested in
the relevant para, not the top or tail, or other information in the
letter), between ICO and MPS where ICO have stated the time limit for
internal reviews is 20-40 days.
Could I please have this for the last 6 months. "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact KSimmons via the e-mail address at the top of this letter,
quoting the reference number above.

Yours sincerely

KSimmons
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Dear Mr Kinnear

Freedom of Information Request Reference No: 2009080001474

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 07/08/2009. I note you seek
access to the following information:

· "Can I please have copies of all correspondence (I am only
interested in the relevant para, not the top or tail, or other information
in the letter), between ICO and MPS where ICO have stated the time limit
for internal reviews is 20-40 days. Could I please have this for the last
6 months. ".

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Public Access Office.

RESULT OF SEARCHES

The searches located a record relevant to your request.

DECISION

I have today decided to:

* disclose the information subject to the deletion of information
pursuant to the provisions of section 40 (2) Third Party, Personal
Information; of the Freedom of Information Act 2000 (the Act)

REASONS FOR DECISION

Section 17 of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the
request or on a claim that information is exempt information must,
within the time for complying with section 1(1), give the applicant a
notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 40 (2) of the Act provides:

(2) Any information to which a request for information relates
is also exempt information if—
(a) it constitutes personal data which do not fall within subsection
(1), and
(b) either the first or the second condition below is satisfied.

(3) The first condition is—
(a) in a case where the information falls within any of paragraphs (a)
to (d) of the definition of “data” in section 1(1) of the [1998 c.
29.] Data Protection Act 1998, that the disclosure of the information
to a member of the public otherwise than under this Act would
contravene—
(i) any of the data protection principles

Section 40(2) applies to third party personal data. Personal data is
defined under Section 1(1) of the Data Protection Act (1998) as data
that relates to a living individual who can be identified.

This exemption has been applied as the document you have requested
contains names of individuals (Third party personal data), which has
been redacted in order to respond to your request.

One of the main differences between the Data Protection Act (1998) and
the Freedom of Information Act (2000) is that any information released
under FOI is released into the public domain, not just to the
individual requesting the information. As such, any request that
identifies an individual through releasing their personal data,
including third party personal data, is exempt from disclosure.

In order for the exemption provided under S40(2) to be maintained, one
of the conditions specified under subsections 3 and 4 must be
satisfied. The conditions would be satisfied if the requested
information would be exempt from disclosure under the Data Protection
Act, or disclosure of the information would contravene any of the data
protection principles or cause damage or distress to the data subject.

A copy of the Data Protection Act can be viewed at the following link:
http://www.opsi.gov.uk/acts/acts1998/ukp...

I have decided that the release of the names would breach principle 1
of the Data Protection Act, that of fair and lawful processing. This
is because I do not consider it fair to disclosure the identities of
these individuals.

Section 40(2) is an absolute, class-based exemption, therefore it is
not necessary to evidence the harm caused by disclosure nor consider
the public interest.
Please find attached information pursuant to your request above.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached
paper entitled Complaint Rights which explains how to make a
complaint.

Should you have any further enquiries concerning this matter, please
contact me via email, quoting the reference number above.

Yours sincerely

Andrea Duncan
Policy & Support Team

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information,
the Metropolitan Police Service will not breach the Copyright, Designs
and Patents Act 1988. However, the rights of the copyright owner of
the enclosed information will continue to be protected by law.
Applications for the copyright owner's written permission to
reproduce any part of the attached information should be addressed to
MPS Directorate of Legal Services, 1st Floor (Victoria Block), New
Scotland Yard, Victoria, London, SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think
the decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision
of the MPS made under the Freedom of Information Act 2000 (the Act)
regarding access to information you can lodge a complaint with the MPS
to have the decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied
with the decision you may make application to the Information
Commissioner for a decision on whether the request for information has
been dealt with in accordance with the requirements of the Act.

For information on how to make application to the Information
Commissioner please visit their website at
www.informationcommissioner.gov.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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