Complaints and Investigations of DC Magnus Scott

Apologies Mr Henderson on looking back at our records, when I became aware
that this request was still outstanding on whatdotheyknow.com, I found
that this response had been sent to the wrong request number.
Unfortunately it has happened again that the email addresses have become
confused. Please let me assure you that we now have a process in place to
stop this from happening again. The below email was sent on May 07, 2009.

Dear Mr Henderson

I write in connection with your email dated March 8, 2009, which was
received by this office on March 9, 2009 requesting the following
information:

[1] all documents relating to any complaint made against DC Magnus Scott

[2] all documents relating to any internal investigation of DC Magnus
Scott by Devon and Cornwall Constabulary

The Devon and Cornwall Constabulary can neither confirm nor deny that it
holds the information you requested. The duty in section 1(1)(a) of the
Freedom of Information Act 2000 does not apply, by virtue of sections
30(3) (investigations and proceedings); 40(5) (personal information);
41(2) (information provided in confidence). However, this should not be
taken as conclusive evidence that the information that you requested
exists or does not exist.

Therefore under section 17(4) of the Freedom of Information act this
letter acts as a Refusal Notice.

In order for you to understand this decision more fully the following
further explanation is provided.

Every Freedom of Information request must be treated on an `applicant
blind' basis, which means that we do not consider who the requester is and
why he may be asking for that information. Further, any information
disclosed means that this becomes a public document which in principle
becomes available to any member of the public. We have to be extremely
careful that harm does not arise from confirming or denying if particular
information, such as information concerning personnel/employment matters,
is held. Such confirmation in itself may lead to the identification or
harm of individuals (or in other cases may provide criminals or alleged
criminals with information that may assist them in some way). We also
have to take cognisance of the impact such a disclosure may have on future
requests for similar types of information, where by refusing the
information in one instance but not confirming or denying the information
is held in another instance, may in itself provide information that may
harm individuals or provide criminals with useful information.

Any information that Devon and Cornwall Constabulary may hold about an
individual can be requested by that individual under the Subject Access
provisions of the Data Protection Act 1998. Any disclosures of such
personal information are made in accordance with that Act. Any requests
for such information should be addressed to the Data Protection Unit at
Police Headquarters. If legal proceedings are intended, a court order may
be used to obtain this information from the Force, if it exists.

I regret that I am unable to meet your request but should you have any
further information needs in the future then please contact me.

Complaint Rights
If you are not satisfied with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision you should write to the Head of Information Management,
Information Management Department, Devon & Cornwall Constabulary,
Middlemoor, Exeter, EX2 7HQ, Devon.

If you are not satisfied with the outcome of your Force complaint or
review, you may apply directly to the Information Commissioner at
Commissioner's Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF, telephone 01625 545700.

Yours sincerely

Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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References

Visible links
1. http://www.devon-cornwall.police.uk/

Mr Henderson,

Please find another email, which was sent to the wrong email address.

Please accept my sincere apologies for this mistake.

Kind Regards
Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
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Mr Henderson,

Please find another email, which was sent to the wrong email address.

Please accept my sincere apolgies for this mistake.

Kind Regards
Georgie

Georgina Kemp (56133)
Freedom of Information Assistant Officer
Tel 01392 452839 (22839)
[email address]
Freedom of Information Dept
Please consider the environment - do you really need to print this email?

show quoted sections