Incompatible business interests

Dear Sir

You requested the following information:-

Please confirm whether or not in the last 3 years a police authority panel
has been convened as a result of a request from a Chief Constable to, hear
a case to decide whether a police officer should be dismissed as a result
of an allegation of having an incompatible business interest under section
7 police regulations 2003. If so what was the business interest and what
was the result.

We can confirm that a panel has been convened twice, but we are unable to
provide any more information than that as to do so would breach the Data
Protection principles. I would refer to the recent decision of the
Information Tribunal regarding what constitutes personal data

[1]http://www.informationtribunal.gov.uk/DB...(EA-2009-0047)_Decision_03-02-10_(w).pdf

What that decision says is that if the data, even in anonymised form, can
be reconstituted by the Data Controller so that Individuals can be
personally identified then it is personal data and would be exempt under
S40 (2) of the Freedom of Information Act as to release it would breach
the Data Protection Principles.

Right to a review

You may apply to the Strategic Director of Legal and Corporate Services,
Civic Centre, Regent Street, Gateshead,NE8 1HH, for an internal review of
the decision. This will be a fresh consideration of your request by a more
senior officer. If you wish to request a review must do this in writing
within 40 days of receipt of this letter.

Following the internal review if you are still unhappy you have a right
of appeal to the Information Commissioner as specified below.

Rights of appeal

You may apply under Section 50 of the Act to the Information Commissioner
at the address given below

Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire
SK9 5AF

For a decision whether, in any specified respect, a request for
information made by you to the Department/office has been dealt with in
accordance with the requirements of Part 1 of the Act.

The Information Commissioner shall consider the matter fully and make a
fresh decision.

Yours faithfully

Information Rights Officer

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References

Visible links
1. http://www.informationtribunal.gov.uk/DB...(EA-2009-0047)_Decision_03-02-10_(w).pdf

Dear Sir

You initially requested us to confirm whether or not in the last three
years a police authority panel has been convened as a result of a request
from a Chief Constable to hear a case to decide whether a police officer
should be dismissed as a result if an allegation of having an incompatible
business interest under section 7 of the police regulations 2003, and if
so what was the business interest and what was the result.

Our response refused access to the information and referred you to the
Information Tribunal decision in the case of Margarafelt District Council.

By e-mail dated 23 March 2010 you asked for an internal review of that
decision. In your request you state" to clarify, we are not seeking
information regarding appeals in relation to business interests, we are
seeking information as to whether the police authority has ever been
requested to agree to a Chief Constable's request to dispense with the
services of an officer for a disciplinary offence without the officer been
afforded protection of a police disciplinary hearing'.

This new request is not strictly speaking an internal review of the
original decision as you have changed what you are asking about , it is a
new request.

However, I have reviewed the earlier decision and the case of Margarafelt
District Council and have upheld the initial decision to refuse
information in relation to your original request. In relation to your
original request, you may apply under Section 50 of the Act to the
Information Commissioner at the address given below for a decision
whether, in any specified respect, this request for information made by
you to the Council has been dealt with in accordance with the requirements
of Part 1 of the Act.

Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire
SK9 5AF

The Information Commissioner shall consider the matter fully and make a
fresh decision.

In relation to your new request the answer is no, the Police Authority has
not been requested to dispense with the services of an officer without the
officer been afforded the protection of a police disciplinary hearing.

Yours faithfully

Mike Barker
Deputy Chief Executive
Northumbria Police Authority

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