Brown envelope disclosure

Dear NJA Metson

Freedom of Information Request Reference No: 2011060002030
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 12/06/2011. I note you seek
access to the following information:

"I am interested in the principle and policy of what is known as "Brown
envelope disclosure"

My interest is as follows.
Consider this scenario

A government agency, lawfully discloses personal data to a private company
for the purposes of enabling that private company to undertake civil
proceedings against individuals for damages arising from breach of
contract and trespass.

However, the private company, following a criminal investigation has now
been charged and is facing a criminal prosecution in the Crown Court.

The criminal prosecution is specifically based on and around the generic
and unlawful use of the personal data that was provided by the government
agency.

This is now the issue.
Although the government agency is aware of the pending criminal
proceedings it continues to disclose personal data to the private company
which continues to operate in the same unlawful manner.

This is clearly an undesirable situation and it exists for two reasons

1) The prosecuting authority feels unable to release the detail of the
specific allegations to the government agency because the trial is still
pending.

2) The government agency take the view that as it has not received any
specific evidence of the misuse of its data, there are no known grounds
for denying (the Private Company) access to the government departments
data

I am therefore making an enquiry as regards whether or not this scenario
is the type that would fulfil the criteria for "Brown envelope disclosure"

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 me at the above e-mail address, quoting the reference number
above.

Yours sincerely

R. Loizou
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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Mr/Ms Metson,

Freedom of Information Act Request Reference No: 2011060002030
I respond in connection with your request for information dated 12th June
2011 which was received by the Metropolitan Police Service (MPS) on the
same date. I note you seek access to the following information:

I am interested in the principle and policy of what is known as "Brown
envelope disclosure"

My interest is as follows.

Consider this scenario

A government agency, lawfully discloses personal data to a private company
for the purposes of enabling that private company to undertake civil
proceedings against individuals for damages arising from breach of
contract and trespass.

However, the private company, following a criminal investigation has now
been charged and is facing a criminal prosecution in the Crown Court.

The criminal prosecution is specifically based on and around the generic
and unlawful use of the personal data that was provided by the government
agency.

This is now the issue.

Although the government agency is aware of the pending criminal
proceedings it continues to disclose personal data to the private company
which continues to operate in the same unlawful manner.

This is clearly an undesirable situation and it exists for two reasons

1) The prosecuting authority feels unable to release the detail of the
specific allegations to the government agency because the trial is still
pending.
2) The government agency take the view that as it has not received any
specific evidence of the misuse of its data, there are no known grounds
for denying (the Private Company) access to the government departments
data .

I am therefore making an enquiry as regards whether or not this scenario
is the type that would fulfil the criteria for "Brown envelope disclosure"

This is to inform you that I cannot identify any specific records /
documents that will satisfy your request based on the details you have
provided. To enable the MPS to meet your request could you please provide
this office with further information.

Your request is not asking for recorded information but is asking for the
MPS to comment on a "scenario." Under the Act we are not obliged to
answer a request of this nature. To assist us you will need to be more
specific as to the recorded information you require.
I attach an excerpt from the Information Commissioner's website which may
assist you in reclarifying your request.
What can I request under the Freedom of Information Act?
You have the right to request any information held by public authorities.
The Act allows access to recorded information, such as emails, meeting
minutes, research or reports held by public authorities in
England,Northern Ireland and Wales and some authorities located in
Scotland
After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
28th September 2011 I will assume you no longer wish to proceed with this
request and will treat it as withdrawn.

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 email
or contact me on telephone number 020 7230 2372 quoting the reference
number above.

Yours sincerely,

James Young
SCD Information Manager
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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Mr Metson,

Freedom of Information Request Reference No: 2011060002030

I respond in connection with your request for information dated 12th June
2011 which was received by the Metropolitan Police Service (MPS) on the
same date. I note you seek access to the following information:
I am interested in the principle and policy of what is known as "Brown
envelope disclosure"
My interest is as follows.
Consider this scenario
A government agency, lawfully discloses personal data to a private company
for the purposes of enabling that private company to undertake civil
proceedings against individuals for damages arising from breach of
contract and trespass.
However, the private company, following a criminal investigation has now
been charged and is facing a criminal prosecution in the Crown Court.
The criminal prosecution is specifically based on and around the generic
and unlawful use of the personal data that was provided by the government
agency.
This is now the issue.
Although the government agency is aware of the pending criminal
proceedings it continues to disclose personal data to the private company
which continues to operate in the same unlawful manner.
This is clearly an undesirable situation and it exists for two reasons
1) The prosecuting authority feels unable to release the detail of the
specific allegations to the government agency because the trial is still
pending.
2) The government agency take the view that as it has not received any
specific evidence of the misuse of its data, there are no known grounds
for denying (the Private Company) access to the government departments
data .
I am therefore making an enquiry as regards whether or not this scenario
is the type that would fulfil the criteria for "Brown envelope disclosure"

Which was re-clarified by you on 29th July 2011 to:

I would be grateful if you could provide me with any policy, guidance or
other document(s) which relate to the use of "Brown Envelope Disclosure."

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 email
or contact me on telephone number 020 7230 2372 quoting the reference
number above.

Yours sincerely

James Young
SCD Information Manager
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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Mr Metson,

Freedom of Information Request Reference No: 2011060002030

I respond in connection with your request for information dated 12th June
2011 which was received by the Metropolitan Police Service (MPS) on the
same date. I note you seek access to the following information:

I am interested in the principle and policy of what is known as "Brown
envelope disclosure"

My interest is as follows.

Consider this scenario

A government agency, lawfully discloses personal data to a private company
for the purposes of enabling that private company to undertake civil
proceedings against individuals for damages arising from breach of
contract and trespass.

However, the private company, following a criminal investigation has now
been charged and is facing a criminal prosecution in the Crown Court.

The criminal prosecution is specifically based on and around the generic
and unlawful use of the personal data that was provided by the government
agency.

This is now the issue.

Although the government agency is aware of the pending criminal
proceedings it continues to disclose personal data to the private company
which continues to operate in the same unlawful manner.

This is clearly an undesirable situation and it exists for two reasons

1) The prosecuting authority feels unable to release the detail of the
specific allegations to the government agency because the trial is still
pending.
2) The government agency take the view that as it has not received any
specific evidence of the misuse of its data, there are no known grounds
for denying (the Private Company) access to the government departments
data .

I am therefore making an enquiry as regards whether or not this scenario
is the type that would fulfil the criteria for "Brown envelope disclosure"
Which was re-clarified by you on 29th July 2011 to:
I would be grateful if you could provide me with any policy, guidance or
other document(s) which relate to the use of "Brown Envelope Disclosure."

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Specialist Crime Directorate (SCD) at the Operational Information
Services Command (SCD26).

DECISION

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

The term 'Brown Envelope Disclosure' is not used within the MPS. I have
taken the meaning of the term from the House of Commons Public Bill
Committee discussing the Protection of Freedoms Bill on Tuesday 22 March
2011 (Q59 & 60) in which "Brown Envelope Disclosure" is discussed by
Commander Pountain from the MPS .

http://www.publications.parliament.uk/pa...

Enhanced CRB checks may sometimes contain ***approved*** information. This
is non-conviction information provided by the police from their local
records. The Chief Police Officer in each force will decide what, if any,
information should be provided.

This type of disclosure is laid down in statute law in the Police Act 1997
(Part V, Section 115(7)(8)). From this Act guidance was issued by the
Criminal Records Bureau (CRB) for all Police Forces to follow.

I have attached below links to the Act and the CRB guidance for your
information.

http://www.crb.homeoffice.gov.uk/guidanc...

http://www.legislation.gov.uk/ukpga/1997...

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 email
or contact me on telephone number 020 7230 2372 quoting the reference
number above.

Yours sincerely

James Young
SCD Information Manager
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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).