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BNP membership list.
Mark Walker made this Freedom of Information request to North Wales Police
The request was partially successful.
From: Mark Walker
6 October 2009
Dear Sir or Madam,
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 North Wales 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 North Wales Police personnel database?
4. Who was responsible for the decision to compare sensitive
personnel
data against North Wales 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
From: Freedom of Information Team
9 October 2009
Dear Mr Mark Walker,
Enquiry Ref: 2009/604
I acknowledge receipt of your email received on 06/10/2009 requesting the
following information:
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 North Wales 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 North Wales Police personnel database?
4. Who was responsible for the decision to compare sensitive personnel
data against North Wales 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.
As set out by the Freedom of Information Act, it will be our aim to
respond to your request by 03/11/2009. In some cases, however, we may be
unable to achieve this deadline. If this occurs, we will advise you of the
likely timescale within which the response will be provided.
If you have any questions regarding your request, please contact me.
Yours sincerely,
Freedom of Information Team
p.p. Ceri Hollingworth
Freedom of Information Dept / Adran Rhyddid Gwybodaeth
Chief Information Officer's Department/Adran yr Uwch Swyddog
Gwybodaeth
Ext/Est: 05430
E-mail/E-bost: [1][email address]
Ni ddylid trin e-bost ar y rhyngrwyd fel dull diogel o gyfathrebu. Mae Heddlu Gogledd Cymru yn monitro'r holl negeseuon e-bost a drosglwyddir ar y rhyngrwyd yn ogystal **'u cynnwys.
Dim ond er sylw'r sawl y'i cyfeiriwyd hi ato/ati y bwriedir y neges hon. Os ydych yn derbyn y neges hon mewn camgymeriad, gadewch i'r sawl a'i gyrrodd wybod a dil**wch hi oddi ar eich system. Gall defnyddio neu ddatgelu cynnwys y neges hon heb ganiat**d fod yn anghyfreithlon. Efallai nad yw'r farn a fynegir yn y ddogfen yn bolisi swyddogol. Diolch i chi am eich cydweithrediad.
Heddlu Gogledd Cymru
Internet e-mail is not to be treated as a secure means of communication. North Wales Police monitor all Internet e-mail activity and content.
This communication is intended for the addressee(s) only. Please notify the sender if received in error and erase from your system. Unauthorised use or disclosure of the content may be unlawful, Opinions expressed in this document may not be official policy. Thank you for your co-operation.
North Wales Police
References
Visible links
1. mailto:[email address]
From: Freedom of Information Team
22 October 2009
Rhyddid Gwybodaeth y Drefn Adolygu Freedom Of Information Review Procedure 3.pdf
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2009 604 Published Response.pdf
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Dear Mr Walker,
In response to your recent request for information, please find attached
our reply.
I have also attached a copy of our review procedure should you not be
happy with our response.
In keeping with the spirit and objective of the Freedom of Information
Act, North Wales Police will simultaneously publish this response via our
online disclosure log.
Regards,
Freedom of Information Team
P.P Ceri Hollingworth
Freedom of Information Dept / Adran Rhyddid Gwybodaeth
Chief Information Officer's Department/Adran yr Uwch Swyddog Gwybodaeth
Ext/Est: 05430
E-mail/E-bost: [email address]
Ni ddylid trin e-bost ar y rhyngrwyd fel dull diogel o gyfathrebu. Mae Heddlu Gogledd Cymru yn monitro'r holl negeseuon e-bost a drosglwyddir ar y rhyngrwyd yn ogystal **'u cynnwys.
Dim ond er sylw'r sawl y'i cyfeiriwyd hi ato/ati y bwriedir y neges hon. Os ydych yn derbyn y neges hon mewn camgymeriad, gadewch i'r sawl a'i gyrrodd wybod a dil**wch hi oddi ar eich system. Gall defnyddio neu ddatgelu cynnwys y neges hon heb ganiat**d fod yn anghyfreithlon. Efallai nad yw'r farn a fynegir yn y ddogfen yn bolisi swyddogol. Diolch i chi am eich cydweithrediad.
Heddlu Gogledd Cymru
Internet e-mail is not to be treated as a secure means of communication. North Wales Police monitor all Internet e-mail activity and content.
This communication is intended for the addressee(s) only. Please notify the sender if received in error and erase from your system. Unauthorised use or disclosure of the content may be unlawful, Opinions expressed in this document may not be official policy. Thank you for your co-operation.
North Wales Police
From: Mark Walker
7 December 2009
Dear Sir of Madam,
Thank you for your response of 22nd October 2009. I would like to
request an internal review of the decision not to disclose
information.
As you will be aware there is a general right of access to
information held by public authorities. In OGC v Information
Commissioner [2008] EA/2006/0040, 5.3.07 (at para 71) the High
Court approved the following statement:-
“[T]here is an assumption built into FOIA that the disclosure of
information by public authorities on request is in itself of value
and in the public interest, in order to promote transparency and
accountability in relation to the activities of public
authorities.”
You have claimed exemptions which are subject to a public interest
test. This requires you to take into account the public interest in
deciding whether to release information even when an exemption
applies. In short, our understanding is that the public interest
may override the exemption.
It is our belief that there is a presumption in favour of
disclosure in the Act created by the reverse emphasis in section 2.
We argue that where the balance is even, the public interest in a
particular disclosure should prevail.
We wish the review to consider the following points:-
1. The public would assume that the Police forces had obtained and
reviewed a copy of the leaked BNP list as there is a policy banning
BNP members from serving in the force and the list was leaked onto
the Internet (via Wikileaks). Several forces have publicly
disciplined workers on the basis that they were on this list. At
the time Spokespersons for Forces were happy to tell the Press that
they were "scouring" the list for people to discipline. Several
forces have also confirmed that they hold the list for this purpose
and others in response to FOI requests. We argue that claiming
exemptions on the grounds you do is therefore misconceived.
2. The only criminal charge we are aware of relates to Matt Single,
the person convicted under Data Protection law for leaking it. No
other criminal matter relating to the list has been brought before
the courts. It is difficult to understand what kind of criminal
investigations might be prejudiced by answering our request,
therefore.
3. We argue that it would be possible for you to disclose
information in response to our request that does not relate to the
areas covered by the exemptions. A blanket refusal is not a
proportionate response.
4. You have failed to fully consider the public interest in
disclosure. Specifically we would like the Review to consider the
public interest in:-
(a) Assisting public understanding of an issue that is subject to
current national debate
(b) Enabling a proper debate of issues relating to Data Protection,
Privacy, Freedom of Association, Freedom of Expression and misuse
of Government powers to the detriment of individual rights. We
argue that an informed debate cannot take place without wide
availability of all the relevant information.
(c) Allowing individuals affected adversely in Employment
information which they can refer to in order to challenge
discrimination on political grounds.
(d) Allowing analysis and scrutiny of the effect and implications
of a major policy decision with Human Rights implications
(e) Providing our Union sufficient information to allow us to make
representations on this issue. See Case No A.31/00 relating to the
enforcement of The Open Government Code of Practice on Access to
Government Information enforced by the Parliamentary Ombudsman.
This is particularly important to us as we have members who are or
may be directly affected in their employment.
(f) Providing our Union with information which can be used to see
the practical implications of a limitation on the right of Freedom
of Association. This is important as further restrictions are being
considered. In fact we recently gave evidence to the Smith review
(concerning Education) on this point, amongst others.
(g) Providing information which makes individuals and institutions
accountable for decisions.
Our Union argues that the substance of the information we have
requested relates to a matter of serious and legitimate public
concern and its disclosure will inform public debate. The public
interest in disclosing the information outweighs any public
interest in not disclosing it.
Yours sincerely
Mark Walker
Solidarity Trade Union
www.solidaritytradeunion.org
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/bn...
From: Freedom of Information Team
10 December 2009
Dear Mr Walker,
Enquiry Ref: 2009/604 Review
I acknowledge receipt of your email requesting an internal review of our
response to your request, received in this office on 07/12/2009.
As set out by the Freedom of Information Act, it will be our aim to
respond to your request by 08/01/2010. In some cases, however, we may be
unable to achieve this deadline.
If this occurs, we will advise you of the likely timescale within which
the response will be provided.
If you have any questions regarding your request, please contact me.
Yours sincerely,
Megan L.Borland
Freedom Of Information Support Officer / Swyddog Cefnogi Rhyddid
Gwybodaeth
Chief Information Officer's Department/ Adran yr Uwch Swyddog Gwybodaeth
Ext/Est 39445(01745 539445)
E.mail/ E.bost [1][email address]
Ni ddylid trin e-bost ar y rhyngrwyd fel dull diogel o gyfathrebu. Mae Heddlu Gogledd Cymru yn monitro'r holl negeseuon e-bost a drosglwyddir ar y rhyngrwyd yn ogystal **'u cynnwys.
Dim ond er sylw'r sawl y'i cyfeiriwyd hi ato/ati y bwriedir y neges hon. Os ydych yn derbyn y neges hon mewn camgymeriad, gadewch i'r sawl a'i gyrrodd wybod a dil**wch hi oddi ar eich system. Gall defnyddio neu ddatgelu cynnwys y neges hon heb ganiat**d fod yn anghyfreithlon. Efallai nad yw'r farn a fynegir yn y ddogfen yn bolisi swyddogol. Diolch i chi am eich cydweithrediad.
Heddlu Gogledd Cymru
Internet e-mail is not to be treated as a secure means of communication. North Wales Police monitor all Internet e-mail activity and content.
This communication is intended for the addressee(s) only. Please notify the sender if received in error and erase from your system. Unauthorised use or disclosure of the content may be unlawful, Opinions expressed in this document may not be official policy. Thank you for your co-operation.
North Wales Police
References
Visible links
1. file:///tmp/blocked::mailto:[email address]
From: Freedom of Information Team
8 January 2010
Rhyddid Gwybodaeth y Drefn Adolygu Freedom Of Information Review Procedure 3.pdf
84K
Download
View as HTML
Dear Mr Walker,
Enquiry Ref: 2009/604 Review
Thank you for your e-mail dated 7th December 2009 requesting that we carry
out an internal review to your FOI Response regarding the `BNP membership
list'.
Following your request for us to review our response to the above Freedom
of Information enquiry, I can advise you that North Wales Police has now
completed its internal review. After considering all the points raised in
your request for a review, I am satisfied that the explanation and
rationale used in our original response is in accordance with the
provisions of the Freedom of Information Act 2000. Therefore our original
stance of neither confirm nor deny is upheld and our response to
you remains unchanged.
However, I would to add the following comments in response to your request
for an internal review.
With regards to points 1-3 of your request for an internal review, all
areas of your request are covered by the exemptions as stated in your
original response because any answer to your questions (either confirming
or denying) would reveal if an investigation had taken place. It may be
useful to point out once again that the Police Service would be legally
entitled to process this sensitive personal data anyway, under Schedule 2
Condition 5 and Schedule 3 paragraph 10 (Statutory Instrument 417/2000,
the Data Protection (Processing of Sensitive Personal Data) Order 2000,
paragraph 2).
In response to your point `It is difficult to understand what kind of
criminal investigations might be prejudiced by answering our request'-
there may be a police force who provides a different response to what you
have previously received from all other forces, therefore by not using the
Section 30 could immediately expose any investigations. 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.
Although, confirming or denying an investigation took place does not
automatically mean that there is someone within that force who is member
of the BNP. It could simply confirm that there was a member of staff with
the same name as one that appears on the list. Therefore, the disclosure
of this information could identify where this investigation took place and
an individual name identified. Freedom of Information as a concept is a
disclosure to the world - in this instance potentially of direct personal
information, once again breaching the data protection act.
In Question 4 (a) you claim that disclosure would "Assist public
understanding of an issue that is subject to current national debate"
The reality is that we are not aware of any ongoing national debate that
the government should change the law allowing police membership of the
BNP. Also, as was firmly established at an Information Tribunal case of
the Guardian Newspaper versus the Information Commissioner and the Avon
and Somerset Constabulary, the public interest in disclosure of
information which is exempt by virtue of a qualified exemption, is not
justified just because it is what interests the public. Information
released under FOIA, where exemptions apply, will only occur where there
is a tangible community benefit which is more powerful than the harm that
could be done. This does not apply in this case. Whether you or your
union may wish to engage a national debate on this subject is a matter for
yourselves, and is not automatically something which would benefit the
community or add to public debate.
In relation to question 4 b) I would like to remind you that the debate
has already been concluded and the fact that any Police force member is
barred from active membership to a political party is matter of public
record. May I also remind you that no member of a police force may be a
member of the BNP.
Please see the following links:
[1]http://www.homeoffice.gov.uk/about-us/pu...
[2]http://news.bbc.co.uk/1/hi/uk/3930175.stm
Questions 4 (c)-(g) Although the Police Federation is not a trade union
per se, they and other staff associations were engaged in internal
consultation discussions with regard the implementation of the most recent
changes to Police Regulations. We can therefore see little point in this
subject being re-examined by the Solidarity Trade Union. Unison is the
only recognised trade union for police staff.
Once again as above, may I remind you that there is a legal bar to any
member of the police force having active membership in a political party.
Although your original response has undergone the review procedure within
North Wales Police, you do have the right to contact the Information
Commissioner. Please see the attached leaflet for contact details.
Regards,
Megan L.Borland
Freedom Of Information Support Officer / Swyddog Cefnogi Rhyddid
Gwybodaeth
Chief Information Officer's Department/ Adran yr Uwch Swyddog Gwybodaeth
Ext/Est 39445(01745 539445)
E.mail/ E.bost [3][email address]
Ni ddylid trin e-bost ar y rhyngrwyd fel dull diogel o gyfathrebu. Mae Heddlu Gogledd Cymru yn monitro'r holl negeseuon e-bost a drosglwyddir ar y rhyngrwyd yn ogystal **'u cynnwys.
Dim ond er sylw'r sawl y'i cyfeiriwyd hi ato/ati y bwriedir y neges hon. Os ydych yn derbyn y neges hon mewn camgymeriad, gadewch i'r sawl a'i gyrrodd wybod a dil**wch hi oddi ar eich system. Gall defnyddio neu ddatgelu cynnwys y neges hon heb ganiat**d fod yn anghyfreithlon. Efallai nad yw'r farn a fynegir yn y ddogfen yn bolisi swyddogol. Diolch i chi am eich cydweithrediad.
Heddlu Gogledd Cymru
Internet e-mail is not to be treated as a secure means of communication. North Wales Police monitor all Internet e-mail activity and content.
This communication is intended for the addressee(s) only. Please notify the sender if received in error and erase from your system. Unauthorised use or disclosure of the content may be unlawful, Opinions expressed in this document may not be official policy. Thank you for your co-operation.
North Wales Police
References
Visible links
1. http://www.homeoffice.gov.uk/about-us/pu...
2. http://news.bbc.co.uk/1/hi/uk/3930175.stm
3. file:///tmp/blocked::mailto:[email address]
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