CCTV Footage: High Street Harlesden 11.02.2011

Dear B.A. Anderson

Freedom of Information Request Reference No: 2011030002070
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 11/03/2011. I note you seek
access to the following information:

"I am requesting, under the Freedom of Information Act, CCTV footage you
may have of Harlesden High street, 11.02.2011. Details of my request are:

Between 18:30 & 18:45 a bus collided with my vehicle, Mazda MX3,silver,
registration: JGO R648 outside of 71-73 High Street Harlesden, NW10 4NS.

I was parallel parking on the drivers side outside of the above named
address. The footage should show me exiting my vehicle at the above
mentioned time to speak to the driver of the bus.
Do let me know at the earliest convenience when you can process my reqest.
"

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 A. Anderson

Freedom of Information Request Reference No: 2011030002070

I write in connection with your request for information dated 11/03/2011
which was received by the Metropolitan Police Service (MPS) on 11/03/2011.
I note you seek access to the following information:

* I am requesting, under the Freedom of Information Act, CCTV footage
you may have of Harlesden High street, 11.02.2011. Details of my
request are: Between 18:30 & 18:45 a bus collided with my vehicle,
Mazda MX3,silver, registration: JGO R648 outside of 71-73 High Street
Harlesden, NW10 4NS. I was parallel parking on the drivers side
outside of the above named address. The footage should show me exiting
my vehicle at the above mentioned time to speak to the driver of the
bus. Do let me know at the earliest convenience when you can
process my reqest.

Please accept this letter as an acknowledgement of receipt of your
request, which has been considered under the Freedom of Information Act
2000 (FOIA).

DECISION

In accordance with the Freedom of Information Act 2000 (the Act), this
letter represents a Refusal Notice for this particular request under
Section 17(1). Please see the legal annex for the sections of the Act
that are referred to in this letter.

The Metropolitan Police Service neither confirms nor denies that it holds
the information you requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the following
exemption:

Section 40(5) - Personal Information / Absolute Exemption

A Freedom of Information Act request is not a private transaction. Both
the request itself, and any information disclosed, are considered suitable
for open publication. This is because, under Freedom of Information, any
information disclosed is released into the wider public domain,
effectively to the world, not just to one individual.

To confirm or deny whether personal information exists in response to your
request could publicly reveal information about an individual or
individuals, thereby breaching the right to privacy afforded to persons
under the Data Protection Act 1998. When confirming or denying that
information is held would breach an individual's rights under the Data
Protection Act 1998, Section 40(5) becomes an absolute exemption, and
there is no requirement for me to provide evidence of the prejudice that
would occur, or to conduct a public interest test.

Please note, this notice does not confirm or deny that the MPS holds the
information that you have requested.

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 on 0208 733 3124 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Eric Hill
IT System Admin & Information Manager

LEGAL ANNEX

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(5) of the Act provides:

(5) The duty to confirm or deny-

(a) does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and
(b) does not arise in relation to other information if or to the extent
that either-
(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would (apart
from this Act) contravene any of the data protection principles or section
10 of the [1998 c. 29.] Data Protection Act 1998 or would do so if the
exemptions in section 33A(1) of that Act were disregarded, or
(ii) by virtue of any provision of Part IV of the [1998 c. 29.] Data
Protection Act 1998 the information is exempt from section 7(1)(a) of that
Act (data subject's right to be informed whether personal data being
processed).

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).