Brian Brady Correspondence

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Private
P John
[FOI #39347 email] Our Reference 372/10
Your reference
Date 24.06.10
Dear P John

Thank you for your request for information dated 23.06.10 regarding
correspondence concerning unauthorised interception of communications by
Google/Streetview. This request will be dealt with under the terms of the
Freedom of Information Act 2000.

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 Avon and Somerset Constabulary 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 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.

I would like to take this opportunity to thank you for your interest in
Avon and Somerset Constabulary.

Yours sincerely,

Freedom of Information Officer

Freedom of Information Officer
Corporate Information Management Department

Please note;

1. Requests and responses may be published on Avon and Somerset
Constabulary's website (within 24 hours), some of which may
contain a link to additional information, which may provide
you with further clarification.
2. Whilst we may verbally discuss your request with you in order
to seek clarification, all other communication should be made
in writing.

Avon and Somerset Constabulary provides you with the right to request a
re-examination of your case under its review procedure.

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Private

Our Reference 372/10
Your reference
Date 15 June 2010

Dear Mr John

I write in connection with your request for information dated 23rd June
concerning correspondence with regard to allegations against Google.

I regret to inform you that Avon and Somerset Constabulary have not been
able to complete its response to your request by the date originally
stated.

I now advise you that the amended date for a response is 19th August.
This is due to consideration being given to the application of a qualified
exemption, and as such will require further consideration regarding the
public interest test. I can assure you that every effort will be made to
ensure an appropriate response will be made within this new timescale.

May I apologise for any inconvenience caused. Thank you for your interest
in Avon and Somerset Constabulary.

Yours sincerely

Freedom of Information Officer

Freedom of Information Officer
Corporate Information Management Department

Please note;

1. Requests and responses may be published on Avon and Somerset
Constabulary's website (within 24 hours), some of which may
contain a link to additional information, which may provide
you with further clarification.
2. Whilst we may verbally discuss your request with you in order
to seek clarification, all other communication should be made
in writing.

3. Avon and Somerset Constabulary provides you with the
right to request a re-examination of your case under its review procedure.

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Private
Our Reference 372/10
Your reference
Date 19 August 2010
Dear Mr John

I write in connection with your request for information dated 23^rd June
concerning copies of correspondence between a Chief Inspector and the
Crown Prosecution Service, the Force legal department, and Head of Crime
Standards regarding the interception of communications by Google/
Streetview.

Your request has now been considered and the information required is
attached. However please note that parts of the requested information
have been redacted. The exemptions applicable to the redactions are
described below.

In addition you will see that some emails (1, 5, 6 & 7) have attachments,
‘criminal allegations against Google’ which appears several times.
This is the same piece of information which I have named
‘Attachment’. The other attachments in emails 5 and 7 relate to
personal information which is exempt under the Act, and as such have not
been provided.

<<Attachment pg1.jpg>> <<Attachment pg2.jpg>> <<email 1.jpg>> <<email
2.jpg>> <<email 3.jpg>> <<email 4.jpg>> <<email 5.jpg>> <<email 6
part1.jpg>> <<email 6 part2.jpg>> <<email 6 part3.jpg>> <<email 7
part1.jpg>> <<email 7 part2.jpg>> <<email 7 part3.jpg>>

Section 17 of the Freedom of Information Act 2000 requires Avon and
Somerset Constabulary, when refusing to provide such information (because
the information is exempt) to provide you the applicant with 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.

Disclosure of parts of the information requested attracts and engages two
exemptions in the form of S40 personal information and S30 Investigations
and proceedings conducted by a public authority.

Section 40 (1)(2), - personal information, is an Absolute exemption and as
such does not require a Harm or Public Interest Test to be conducted. Any
information to which a request relates is exempt if it constitutes
personal data of which the applicant is or is not the data subject and if
disclosure of that information to a member of the public would contravene
any of the principles of the 1998 Data Protection Act. In this particular
case, disclosure of this information would include and relate to
individuals involved in any investigations and as such would contravene
Principles 1 and 2 of the Act, whereby personal data shall be processed
fairly and lawfully and only be obtained for one or more specified purpose
or purposes. Disclosure under the Freedom of Information Act is not one of
those purposes.

In addition to the above, as you require the release of any investigative
paperwork a second exemption to disclosure is applicable in this instance.
This exemption is section 30(1)(a)(b)(2)(a) – Investigations and
proceedings conducted by a public authority. Information is exempt if it
has been held at any time for the purpose of an investigation to ascertain
whether or not an individual should be charged with an offence. Section
30 also provides an exemption in relation to information which has been
obtained by the Force in respect of the purposes outlined above.

This is a qualified class based exemption and as such requires a public
interest test to be conducted, which is as follows:

Public Interest Test

Considerations favouring disclosure:

Disclosure of the requested information may go some way to demonstrating
that the force is efficient, effective and accountable for the actions
that it takes including its' decision making process together with the use
of public funds.

Considerations favouring non disclosure:

It is the Association of Chief Police Officers’ approach that
information relating to an investigation will rarely be disclosed under
the provisions of the Freedom of Information Act.

The current and future role of the Force effectively being able to conduct
investigations and proceedings may be compromised by the release of
information. Disclosure could highlight investigative methods to an
individual which could potentially undermine future investigations
resulting in potential damage to the service and the wider community as
this may hinder the prevention or detection of crime.

Balancing test:

After weighing up the competing interests, and evaluating that the
majority of the information has been provided I have determined that
disclosure of the redacted sections of the attached information would not
be in the public interest. I believe the importance of the factors
favouring non disclosure outweigh those considerations favouring
disclosure. There is no further tangible community benefit in complying
with section 1(1)(b) of the Act at this time.

In accordance with the Act, this represents a Refusal Notice for this part
of your request.

I trust this information will be of use to you in order for you to make a
decision regarding any subsequent action you may wish to take. Thank you
for your interest in Avon and Somerset Constabulary.

Yours sincerely,

Freedom of Information Officer

Freedom of Information Officer
Corporate Information Management Department

Please note;

1. Requests and responses may be published on Avon and Somerset
Constabulary’s website (within 24 hours), some of which may
contain a link to additional information, which may provide
you with further clarification.
2. Whilst we may verbally discuss your request with you in order
to seek clarification, all other communication should be made
in writing.
3. Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review
procedure (copy attached).

<<A&S Appeals Procedure.doc>>

#Freedom of Information Requests would like to recall the message, "FOI
Request 372/10".

Mr John
I was experiencing technical difficulty this morning therefore im
forwarding your original response in case you did not receive it.

Kind regards
Freedom of information officer

______________________________________________
From: #Freedom of Information Requests
Sent: 19 August 2010 10:58
To: 'P. John'
Subject: FOI Request 372/10

Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Private
Our Reference 372/10
Your reference
Date 19 August 2010
Dear Mr John

I write in connection with your request for information dated 23^rd June
concerning copies of correspondence between a Chief Inspector and the
Crown Prosecution Service, the Force legal department, and Head of Crime
Standards regarding the interception of communications by Google/
Streetview.

Your request has now been considered and the information required is
attached. However please note that parts of the requested information
have been redacted. The exemptions applicable to the redactions are
described below.

In addition you will see that some emails (1, 5, 6 & 7) have attachments,
`criminal allegations against Google' which appears several times. This
is the same piece of information which I have named `Attachment'. The
other attachments in emails 5 and 7 relate to personal information which
is exempt under the Act, and as such have not been provided.

<<Attachment pg1.jpg>> <<Attachment pg2.jpg>> <<email 1.jpg>> <<email
2.jpg>> <<email 3.jpg>> <<email 4.jpg>> <<email 5.jpg>> <<email 6
part1.jpg>> <<email 6 part2.jpg>> <<email 6 part3.jpg>> <<email 7
part1.jpg>> <<email 7 part2.jpg>> <<email 7 part3.jpg>>

Section 17 of the Freedom of Information Act 2000 requires Avon and
Somerset Constabulary, when refusing to provide such information (because
the information is exempt) to provide you the applicant with 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.

Disclosure of parts of the information requested attracts and engages two
exemptions in the form of S40 personal information and S30 Investigations
and proceedings conducted by a public authority.

Section 40 (1)(2), - personal information, is an Absolute exemption and as
such does not require a Harm or Public Interest Test to be conducted. Any
information to which a request relates is exempt if it constitutes
personal data of which the applicant is or is not the data subject and if
disclosure of that information to a member of the public would contravene
any of the principles of the 1998 Data Protection Act. In this particular
case, disclosure of this information would include and relate to
individuals involved in any investigations and as such would contravene
Principles 1 and 2 of the Act, whereby personal data shall be processed
fairly and lawfully and only be obtained for one or more specified purpose
or purposes. Disclosure under the Freedom of Information Act is not one of
those purposes.

In addition to the above, as you require the release of any investigative
paperwork a second exemption to disclosure is applicable in this instance.
This exemption is section 30(1)(a)(b)(2)(a) - Investigations and
proceedings conducted by a public authority. Information is exempt if it
has been held at any time for the purpose of an investigation to ascertain
whether or not an individual should be charged with an offence. Section
30 also provides an exemption in relation to information which has been
obtained by the Force in respect of the purposes outlined above.

This is a qualified class based exemption and as such requires a public
interest test to be conducted, which is as follows:

Public Interest Test

Considerations favouring disclosure:

Disclosure of the requested information may go some way to demonstrating
that the force is efficient, effective and accountable for the actions
that it takes including its' decision making process together with the use
of public funds.

Considerations favouring non disclosure:

It is the Association of Chief Police Officers' approach that information
relating to an investigation will rarely be disclosed under the provisions
of the Freedom of Information Act.

The current and future role of the Force effectively being able to conduct
investigations and proceedings may be compromised by the release of
information. Disclosure could highlight investigative methods to an
individual which could potentially undermine future investigations
resulting in potential damage to the service and the wider community as
this may hinder the prevention or detection of crime.

Balancing test:

After weighing up the competing interests, and evaluating that the
majority of the information has been provided I have determined that
disclosure of the redacted sections of the attached information would not
be in the public interest. I believe the importance of the factors
favouring non disclosure outweigh those considerations favouring
disclosure. There is no further tangible community benefit in complying
with section 1(1)(b) of the Act at this time.

In accordance with the Act, this represents a Refusal Notice for this part
of your request.

I trust this information will be of use to you in order for you to make a
decision regarding any subsequent action you may wish to take. Thank you
for your interest in Avon and Somerset Constabulary.

Yours sincerely,

Freedom of Information Officer

Freedom of Information Officer
Corporate Information Management Department

Please note;

1. Requests and responses may be published on Avon and Somerset
Constabulary's website (within 24 hours), some of which may
contain a link to additional information, which may provide
you with further clarification.
2. Whilst we may verbally discuss your request with you in order
to seek clarification, all other communication should be made
in writing.
3. Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review
procedure (copy attached).

<<A&S Appeals Procedure.doc>>