Covert surveillance

Dear Ms Hughes,

Freedom of Information Act Request Reference No: 2010030000907

I respond in connection with your request for information dated 3rd March
2010 which was received by the Metropolitan Police Service (MPS) on the
same date. I note you seek access to the following information:

Please can you show me what evidence and documentation you need to go
before a court to obtain a warrant for long term intrusive covert
surveillance.

I would all so like to know if the paper work is record by the court as
business of the day.

I would all so like to know who decide that a warrant is need and what
checks are in place to make sure that there is not an abuse of power or
that a surveillance dose not become away of making over time to bump up
wages.

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.

The Freedom of Information Act 2000 (the Act) gives a person the right to
request recorded information from a public authority. Unfortunately your
request is asking questions around a topic, not requesting recorded
information.

Under the Act we are unable to deal with your request as it stands.
Please re-submit, requesting specific documents.

For your information the Home Office has a webpage dedicated to the
Regulation of Investigatory Powers Act (RIPA) which may be of use to you.

I attach the weblinks below.

http://security.homeoffice.gov.uk/ripa/a...

http://security.homeoffice.gov.uk/ripa/c...

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
10th June 2010 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request and will treat it as withdrawn.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 write
or contact James Young 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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections

Dear Ms Hughes,

Freedom of Information Request Reference No: 2010030000907
I respond in connection with your request for information dated 3rd March
2010 which was received by the Metropolitan Police Service (MPS) on the
same date. I note you seek access to the following information:

Please can you show me what evidence and documentation you need to go
before a court to obtain a warrant for long term intrusive covert
surveillance.
I would all so like to know if the paper work is record by the court as
business of the day.
I would all so like to know who decide that a warrant is need and what
checks are in place to make sure that there is not an abuse of power or
that a surveillance dose not become away of making over time to bump up
wages.

Further to our correspondence dated 10/03/2010 the MPS has not received a
response to our request for further information.

Under Section 1, subsection 3(a)(b) of the Freedom of Information Act 2000
(the Act) we are not obliged to pursue with this request unless we receive
the further information required to locate the requested information.

Section 1(3)(a)(b) of the Act provides:

(3) Where a public authority-
(a) reasonably requires further information in order to identify and
locate the information requested, and
(b) has informed the applicant of that requirement,
the authority is not obliged to comply with subsection (1) unless it is
supplied with that further information.

As we have not received a response from you we will now consider this
request 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 write
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

show quoted sections

Dear Ms Hughes
Freedom of Information Request Reference No: 2010060002793
Further to our letter of 15 June 2010, I am now able to provide a response
to your complaint dated 14 June 2010 concerning:

* FOIA original case - 2010030000907.

Original Request
1. Please can you show me what evidence and documentation
you need to go before a court to obtain a warrant for long term intrusive
covert surveillance?
2. I would also like to know if the paperwork is record by
the court as business of the day.
3. I would also like to know who decide that a warrant is
need (sic) and what checks are in place to make sure that there is not an
abuse of power or that a surveillance dose (sic) not
become away (sic) of making over time to bump up wages.
DECISION
The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Vary the original decision

REASON FOR DECISION
Your original Freedom of Information request was received on 3 March 2010.
On 10 March 2010, Mr Young sent a letter to you confirming that he could
not 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, Mr Young asked you to provide him with further information.
He confirmed that the Freedom of Information Act gives a person the right
to request recorded information, and unfortunately your request is asking
questions around a topic rather than for recorded information which could
be located.
Mr Young provided you with links to the Home Office which has a webpage
dedicated to the Regulation of Investigatory Powers Act (RIPA) to assist
you in your topic of interest. He also confirmed that if he did not
receive clarified request by the 10th June 2010, he would deem your
request as withdrawn, assuming you no longer wished to proceed with the
request.
As Mr Young did not receive any further response from you by the 10th June
2010, he wrote to explain that under Section 1(3)(a)(b) of the Act the MPS
was not obliged to pursue you request as we had not received further
information from you which would enable us to identify or locate
information you require.
In response to this final email from Mr Young, you responded to him on the
same day stating that by law the MPS should have answered your request.
You therefore requested an Internal Review.
It is at this point I take the opportunity to confirm that the MPS is
unable to conduct a review where Information has not provided information
in the first instance. However, as you have not provided further
information to the MPS following the letter provided to you on the 10
March 2010 or within your request for an Internal Review, I will seek to
assist you as much as possible within this letter. Should my response not
be satisfactory, you will need to log a new request with a clearer
definition of the information you require.
Question One
In regards to question one, I find this part of your request is not valid
under the Freedom of Information Act.
Under the Freedom of Information Act, the MPS is only required to provide
information held in a recordable format. A valid request under the Freedom
of Information must be capable of being used for subsequent reference as
per Section 8(2)(c) of the Act.
As your request is for opinion and comment regarding evidence and footage,
rather than for recorded information, I find this part of your request
does not meet the requirements of the Act.
Information could therefore not be located in regards to question one.
Question Two and Three
I can confirm no information is held for the final two questions you have
posed.
This is because a warrant is not obtained from any court. The
authorisations for covert surveillance come from within the police
service. A superintendent can authorize Directed surveillance and a Chief
Constable has to authorize more instructive surveillance. Prior approval
is also required from the Office of Surveillance Commissioner. This
procedure is outlines fully in the Police Act 1997 and RIPA 2000.
As provided within your letter dated 10th March 2010, below you will find
the two links which you may find useful in regards to the issuing of
warrants;
http://security.homeoffice.gov.uk/ripa/a...
http://www.police999.com/index.php?optio...
I do hope this response has been of assistance.
COMPLAINT RIGHTS
If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.
Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.
Yours sincerely

S. Strong
FOIA Policy Research & Complaints 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

show quoted sections

Dear Ms Hughes,

* Original FOI case number: 2010030000907

* FOI Internal Review case number: 2010060002793

Thank you for your email dated 27 June 2010, which included clarification
of information you originally requested.

I find that your original questions and clarified request have now been
answered and responded to within my Internal Review response dated 23 June
2010, which I hope has been of assistance to you.

Kind regards,

S. Strong
Freedom of Information Rsearch and Review 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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within three months.

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

show quoted sections

Dear Ms Hughes

* Freedom of Information Request Internal Review Reference No:
2010060002793

* Original FOIA case number: 2010030000907

Thank you for your email dated 5 July 2010.
As explained within my letter dated 23 June 2010, a warrant is not
obtained from court. The authorisations for covert surveillance come from
within the police service. A superintendent can authorize Directed
surveillance and a Chief Constable has to authorise more instructive
surveillance. Prior approval is also required from the Office of
Surveillance Commissioner. This procedure is outlines fully in the Police
Act 1997 and RIPA 2000.
If you are dissatisfied with this response, please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner directly with your complaint.
Yours sincerely

S. Strong
FOIA Policy Research & Complaints 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

show quoted sections