BNP membership list.

Mr Walker,

Following a search our Freedom of Information database and e-mails, I
cannot trace a request for a 'BNP membership list'. If you wish to
submit this request in full to us, we will add it to our database.

Yours sincerely

Martha Robinson
Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

External T/N
0114 292 1797
0114 292 1798

Email - [South Yorkshire Police request email]

Citizen Focus: Improving Satisfaction and Confidence is a Priority for the
Force

Mark Walker To FOI requests at South
<[FOI #19516 email]> Yorkshire Police
<[South Yorkshire Police request email]>
05/11/2009 12:02 cc
Subject Re: Freedom of Information
request - BNP membership
list.

Dear Sir or Madam,

Your response is overdue.

Yours faithfully,

Mark Walker

show quoted sections

Mr M. Walker

[FOI #19516 email]

6^th November 2009

Dear Mr Walker

Freedom of Information Request - Reference No: 20090557

Thank you for your request for information in relation to:

***Please provide the following information under the Freedom of
Information Act 2000.

In November 2008 the membership list of the British National Party
(BNP) was published online. On September 1, 2009 a disgruntled
former official Matt Single was convicted in relation to this for
offences under the Data Protection Act.

I refer to Schedule 1 of The Data Protection Principles.

Under Schedule 1, any use of 'sensitive personal data' must be
processed
only when at least one of the conditions in Schedule 2 is met, and
at
least one of the conditions in Schedule 3 is also met.

1. Please tell me if South Yorkshire Police has processed any data
relating to the leaked British National Party membership list.

2. Please tell me which of the conditions in Schedule 2 and
Schedule 3
were met when processing sensitive personal data?

3. Has sensitive personal data been used for any purposes other
than
comparing against the South Yorkshire Police personnel database?

4. Who was responsible for the decision to compare sensitive
personnel
data against South Yorkshire Police's personnel data?

5. What were the grounds for such a decision?

6. I request the minutes of any meeting held to come to such a
decision.

7. Please describe the process used in making such a decision and
whether the consequences of this decision, if any, were assessed.***

Your request will now be considered and 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 South Yorkshire Police 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

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

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.

Please Note *** Responses are published on South Yorkshire Police
disclosure log, which can be found at the following link:
http://www.southyorks.police.uk/foi/disc...

If you have any enquiries please contact the Information Compliance Unit
on the numbers below.

Yours faithfully,

Philip Crick
Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

External T/N
0114 292 1798

South Yorkshire Police provides you the right to request a re-examination
of your case under its review procedure (copy enclosed). If you decide to
request such a review and having followed the Constabulary***s full
process you are still dissatisfied, then you have the right to direct your
comments to Information Commissioner who will give it consideration.

Mark Walker To [email address]
<[FOI #19516 email]> cc
Subject Re: Freedom of Information
05/11/2009 16:16 request - BNP membership
list.

Dear Sir or Madam,

I wish to submit this request;

Please provide the following information under the Freedom of
Information Act 2000.

In November 2008 the membership list of the British National Party
(BNP) was published online. On September 1, 2009 a disgruntled
former official Matt Single was convicted in relation to this for
offences under the Data Protection Act.

I refer to Schedule 1 of The Data Protection Principles.

Under Schedule 1, any use of 'sensitive personal data' must be
processed
only when at least one of the conditions in Schedule 2 is met, and
at
least one of the conditions in Schedule 3 is also met.

1. Please tell me if South Yorkshire Police has processed any data
relating to the leaked British National Party membership list.

2. Please tell me which of the conditions in Schedule 2 and
Schedule 3
were met when processing sensitive personal data?

3. Has sensitive personal data been used for any purposes other
than
comparing against the South Yorkshire Police personnel database?

4. Who was responsible for the decision to compare sensitive
personnel
data against South Yorkshire Police's personnel data?

5. What were the grounds for such a decision?

6. I request the minutes of any meeting held to come to such a
decision.

7. Please describe the process used in making such a decision and
whether the consequences of this decision, if any, were assessed.

Yours faithfully,

Mark Walker

Solidarity Trade Union

show quoted sections

1^ST December 2009

Mr M Walker

[FOI #19516 email]

Dear Mr Walker

Freedom of Information Request - Reference No: 20090557

Thank you for your request in relation to.

REQUEST

“Please provide the following information under the Freedom of
Information Act 2000.

In November 2008 the membership list of the British National Party
(BNP) was published online. On September 1, 2009 a disgruntled
former official Matt Single was convicted in relation to this for
offences under the Data Protection Act.

I refer to Schedule 1 of The Data Protection Principles.

Under Schedule 1, any use of 'sensitive personal data' must be
processed
only when at least one of the conditions in Schedule 2 is met, and
at
least one of the conditions in Schedule 3 is also met.

1. Please tell me if South Yorkshire Police has processed any data
relating to the leaked British National Party membership list.

2. Please tell me which of the conditions in Schedule 2 and
Schedule 3
were met when processing sensitive personal data?

3. Has sensitive personal data been used for any purposes other
than
comparing against the South Yorkshire Police personnel database?

4. Who was responsible for the decision to compare sensitive
personnel
data against South Yorkshire Police's personnel data?

5. What were the grounds for such a decision?

6. I request the minutes of any meeting held to come to such a
decision.

7. Please describe the process used in making such a decision and
whether the consequences of this decision, if any, were assessed.”

RESPONSE

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at section 1(1)(b) is to disclose
information that has been confirmed as being held. Where exemptions are
relied upon section 17 of FOIA requires that we provide the applicant with
a notice which:

a. states that fact
b. specifies the exemption(s) in question and

(c) states (if that would not otherwise be apparent) why the exemption
applies.

South Yorkshire Police can neither confirm nor deny that it holds
information relevant to your request as the duty in section 1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of the following
exemptions.

Section 30(3) Investigations and proceedings conducted by Public
Authorities
Section 31(3)Law Enforcement
Section 38(2) Health and Safety
Section 40(5)(b)(i) Personal Information

This refusal should not be taken to mean that the information you have
requested exists or does not exist.

The force can neither confirm nor deny it holds any information in
relation to investigations it may have or have not conducted, which have
not subsequently been placed in the public domain. Not only would this
undermine any current investigation by alerting those who are suspected of
criminal activity, but it may also thwart any such investigation which is
being managed as a covert operation. This in itself would disclose our
tactical options, undermining future operations, but also in this case
potentially disclose personal data of an individual. This is because the
list to which you refer contained the names of individuals. To confirm, or
deny that certain action may or may not have been taken will reveal
whether an individual named was suspected of being employed by the force.
This may not in fact mean they are a member of the BNP but in fact do no
more than simply confirm that we have a member of staff with the same name
as one that appears on the list. Such an identification, whether erroneous
or correct would in effect put the person named at risk of physical attack
by persons opposed to his or her political views. Such attacks are not
unknown and have in the past taken extreme forms, as reported in the
following link: -

[1]http://www.metro.co.uk/news/413598-fireb...

Before refusing to comply with the provisions of S1(1)(a) of the Freedom
of Information Act, the force also has to analyse any public interest
factors in neither confirming nor denying that information is or is not
held if any of the exemptions cited are qualified in nature. Both S30 and
S31 are, so the following public interest factors are relevant.

S30 Investigations
Favouring confirmation or denial:
Confirming the existence of information would show that the force
conducted an investigation, which the public would expect.
Against confirmation or denial:
An investigation if unknown could be compromised and it could hinder the
prevention or detection of crime or the purpose of ascertaining whether
any person is responsible for conduct which is improper. That may even be
because under FOIA forces may provide different responses and application
of the S30 exemption in some areas and not others would in fact
immediately expose such investigations.

S31 Law Enforcement
Favouring confirmation or denial:
Some information regarding the ability to check against the list is
already in the public domain and its full usage would make the public
better informed.
Against confirmation or denial:
Law enforcement tactics could be compromised and there could be a
hindrance to the prevention or detection of crime. Or the ascertaining of
whether any person is responsible for conduct which is improper.

Balance of Public Interest
At this time the potential harm to current and future investigations
together with the risk of physical harm to persons outweighs any public
benefit in knowing if any additional information is, or is not held.
Police Officers and staff are held to public account for their actions by
the misconduct regulations and the force is held to account for
investigating such matters appropriately by Her Majesties Inspector Of
Constabulary, and/or in some cases by the Independent Police Complaints
Commission. There is no further tangible community benefit in complying
with section 1(1)(a) of the Act at this time.

If you are unhappy with the way your request for information has been
handled, you can request a review by following the advice contained in the
separate notice attached to this correspondence:

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:
The Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire, SK9 5AF.
Telephone: 08456 306060 or 01625 545745
Website: www.ico.gov.uk
There is no charge for making an appeal.

Yours sincerely

Philip Crick
Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

Email - [South Yorkshire Police request email]

Please note that police forces in the United Kingdom are routinely
required to provide information and statistics to government bodies and
the recording criteria is set nationally. However, the systems used for
recording these figures are not generic, nor are the procedures used
locally in capturing the data. It should be noted that for these reasons
this forces response to your questions should not be used for the
comparison purposes with any other response you may receive.

South Yorkshire Police provides you the right to request a re-examination
of your case under its review procedure (copy enclosed). If you decide to
request such a review and having followed the Constabulary’s full
process you are still dissatisfied, then you have the right to direct your
comments to the Information Commissioner who will give it consideration.

The South Yorkshire Police in complying with their statutory duty under
sections 1 and 11 of the Freedom of Information Act 2000 to release the
enclosed information 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 The Force Solicitor, South
Yorkshire Police, Police Headquarters, Snig Hill, Sheffield, S3 8LY.

Mark Walker To [email address]
<[FOI #19516 email]> cc
Subject Re: Freedom of Information
05/11/2009 16:16 request - BNP membership
list.

Dear Sir or Madam,

I wish to submit this request;

Please provide the following information under the Freedom of
Information Act 2000.

In November 2008 the membership list of the British National Party
(BNP) was published online. On September 1, 2009 a disgruntled
former official Matt Single was convicted in relation to this for
offences under the Data Protection Act.

I refer to Schedule 1 of The Data Protection Principles.

Under Schedule 1, any use of 'sensitive personal data' must be
processed
only when at least one of the conditions in Schedule 2 is met, and
at
least one of the conditions in Schedule 3 is also met.

1. Please tell me if South Yorkshire Police has processed any data
relating to the leaked British National Party membership list.

2. Please tell me which of the conditions in Schedule 2 and
Schedule 3
were met when processing sensitive personal data?

3. Has sensitive personal data been used for any purposes other
than
comparing against the South Yorkshire Police personnel database?

4. Who was responsible for the decision to compare sensitive
personnel
data against South Yorkshire Police's personnel data?

5. What were the grounds for such a decision?

6. I request the minutes of any meeting held to come to such a
decision.

7. Please describe the process used in making such a decision and
whether the consequences of this decision, if any, were assessed.

Yours faithfully,

Mark Walker

Solidarity Trade Union

show quoted sections

Mr Walker

Correspondence regarding your FOI appeal

(See attached file: APPEAL M WALKER 20090557.doc)

Jane Soulsby
Secretary
Professional Standards Department
711874
(0114 292 1874)

Citizen Focus: Improving Satisfaction and Confidence is a Priority for the
Force

(See attached file: SKMBT_C45109121508551.pdf)

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