Officers Conduct

Your Ref:
Our Ref:F-2010-00211

04 February, 2010

Dear Mr. Freeman,

Thank you for your request for Information, received at this office on
04 February, 2010, in which you requested details of the following:

Request for information on PC607 West

Your request will now be considered and 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 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.

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed
and the 20 working day timescale will be suspended until we receive
payment from you. If you chose not to make a payment then your request
will remain unanswered.

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.

We anticipate being able to provide you with the information that you
have requested on or before 04 March, 2010.

Should you need to discuss this further please do not hesitate to
contact the unit.

Yours sincerely,

James Green
Information Compliance Officer
+44 (1482) 317099

Corporate Development Branch
Information Compliance Unit
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:+44 (1482) 317090

show quoted sections

Your Ref:

Our Ref:F-2010-00211

18 February, 2010

Dear Mr. Freeman,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 04 February,
2010.

This is to inform you that all information relating to your request has
been researched and is communicated below in response to:

I request all details of complaints made against PC. 607 West.

Bransholme police station Hull.

I have already written to the Home Secretary and all relevant

information will also be past on to the Right Hon H/S

Your request for information has now been considered and I am not obliged
to supply the information you have requested due to the following
exemption.

Section 17(1) of the Freedom of Information Act 2000 requires Humberside
Police, when refusing to provide such information (because the information
is exempt) to provide you the applicant with 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.

The exemption applicable is Section 40 - Personal Data, in particular
Section 40(5)(b)(i)

(1) Any information to which a request for information relates is exempt
Information if it constitutes personal data of which the applicant is the
data subject.

(2) Any information to which a request for information relates is also
exempt information if-

(a) It constitutes personal data which do not fall within subsection (1),
and

(b) Either the first or the second condition below is satisfied.

(3) The first condition is-

(a) In a case where the information falls within any of paragraphs (a) to
(d) of the definition of `data' in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene

(i) Any of the data protection principles, or

(ii) Section 10 of that Act (right to prevent processing likely to cause
damage or distress), and

(b) In any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the Data
Protection Act 1998 (which relate to manual data held by public
authorities) were disregarded.

(4) The second condition is that by virtue of any provision of Part IV of
the Data Protection Act 1998 the information is exempt from section
7(1)(c) of that Act

(Data Subjects right of access to personal data).

(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 Data Protection Act 1998 or would do so if the exemptions in
section 33A(1) of the Act were disregarded, or

(ii) by virtue of any provision of Part IV of the 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).

Humberside Police can neither confirm nor deny it holds the information
you have requested as the duty in Section 1(1) (a) of the Freedom of
Information Act 2000 does not apply, by virtue of the Section 40 (5)
Personal Information exemption. However this should not be taken as
conclusive evidence that the information you have requested does or does
not exist. I am content that in all circumstances that the public
interest in maintaining this exemption outweighs the public interest in
disclosure.

I also wish to direct you to the Information Commissioners' website in
respect of two recent Decision Notices (DN) on this matter, namely
FS50210434 and FS50233972. These can be found by using the search tool on
their website. For your ease I provide the relevant link
[1]www.ico.gov.uk

I also attach a more recent Information Tribunal DN which reaffirms the
application of NCND in this case.

Should you need to discuss this further please contact Information
Compliance Unit on the details shown below.

Yours sincerely,

James Green

+44 (1482) 317099

Corporate Development Branch

Information Compliance Unit

Priory Road

Kingston Upon Hull

HU5 5SF

Fax:+44 (1482) 317090

Humberside Police - Freedom of Information Complaints Review Procedure

Why Have A Complaints Process?

Humberside Police is committed to delivering an open and transparent
service whenever possible and it is our intention to commit to the
principles of openness embodied in the Freedom of Information Act. We will
release information to the greatest extent possible, consistent with the
public interest, however we may withhold information if we consider its
release would cause significant harm.

If information within a document is withheld, it will be clearly marked to
show where information has been removed and the legal exemption we have
used. If we decline to supply all or part of any information you have
asked for we will notify you in writing giving our reasons based upon
legal exemptions contained within the Freedom of Information Act.

If you are not satisfied about the way in which your Freedom of
Information request has been handled you have the right to appeal. This
information has been designed to help you to understand how to complain to
Humberside Police. Using this process will not affect your right to
complain directly to the Information Commissioner if you feel we have not
complied with our obligations under the Freedom of Information Act.

Who Can Complain?

Anyone who has made a Freedom of Information request in writing to the
Force can complain. If you have requested information and you are not
satisfied with the way we have dealt with it, you can use the complaints
process to have it looked at again. If someone who requested information
would like to complain but cannot do so themselves, you can complain on
their behalf but it will help us if you make it clear that you are doing
so.

What Can I Complain About?

If you are not satisfied with the way we have handled your request, with
the fee we have charged, or with the reasons we have given for refusing to
provide information, you have the right to appeal. You can complain about
the range, amount and format of information we have sent following a
request. You can also complain about the way a request was handled, for
example, the time it took to respond.

How Do I Complain?

To deal with your complaint as quickly as possible, it will help if you
can give us as much information as you can about the original request made
and the reason for your complaint. Please put your complaint in writing
and address it to:

FOI Appeals

Humberside Police Information Compliance Unit

Police Headquarters

Priory Road

Hull HU5 5SF

What Happens To My Complaint?

Once we have enough details to identify the request, we will begin the
review. The Head of The Information Compliance Unit will normally review
your complaint. In the more complex cases a review panel consisting of a
number of senior personnel from the Force will re-examine your complaint.
We aim to complete the review process within three months of receiving
your complaint. Upon completion we will send you the findings.

How Will I Be Notified?

Where we have not followed procedures or have failed to provide acceptable
quality of service, we will apologise and explain what we will do to
ensure this doesn't happen again. If our original decision to withhold
information is over-turned on appeal we will send you the additional
information immediately. If we believe that our original response was
correct we will let you know, and inform you of your options (see below).

What If I'm Still Not Satisfied?

If we have been unable to resolve your complaint and you are not satisfied
you can approach the office of the Information Commissioner, who may
investigate the matter on your behalf. This option is open to you at all
times, but we will endeavour to address your complaint initially, as this
may lead to a speedier resolution. It is the Information Commissioner who
decides whether to investigate or not. We will co-operate fully with the
Information Commissioner.

If you have any further questions about the complaints process, please
contact the Information Compliance Unit on 01482 578313 or alternatively
you can write to:

Head of Information Compliance Unit

Humberside Police Headquarters

Priory Road

Hull HU5 5SF

Email: [email address]

Requests for a review by the Information Commissioner should be made in
writing directly to:

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone: 01625 545 700

[2]www.informationcommissioner.gov.uk

show quoted sections

References

Visible links
1. http://www.ico.gov.uk/
2. file:///tmp/outbind:/62/www.informationcommissioner.gov.uk

Your Ref:
Our Ref:F-2010-00211

5 March 2010

Dear Mr. Freeman,

FREEDOM of INFORMATION ACT 2000

Thank you for your request for internal review in relation to your
request regarding 'Officer Conduct'.

I can now confirm that the case has been reviewed and the original
decision is upheld.

I am not obliged to supply the information requested as this is
considered exempt by virtue of s40 Personal Information.

Section 17(1) of the Freedom of Information Act 2000 requires Humberside
Police, when refusing to provide such information (because the
information is exempt) to provide you the applicant with 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.

Specifically Section 40(5)

The duty to confirm or deny does not arise in relation to information
which 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 Data Protection Act 1998, or would do so if the exemptions in
section 33A(1) of that Act were disregarded

Humberside Police can neither confirm nor deny it holds the information
you have requested as the duty in Section 1(1) (a) of the Freedom of
Information Act 2000 does not apply, by virtue of the Section 40 (5)
Personal Information exemption. However this should not be taken as
conclusive evidence that the information you have requested exists or
does not exist.

Please accept this correspondence as closure of your request for
information dealt with under the terms of the Freedom of Information
legislation.

In accordance with the Act, this letter represents a Refusal Notice for
this particular request. This action cannot be taken as confirmation or
denial that Humberside Police holds the information you have asked for.

Should you need to discuss this further please contact Information
Compliance Unit on the details shown below.

Yours sincerely,

Angela Clement

Senior Information Compliance Officer
(Data Protection & Freedom of Information)

* Humberside Police, Police HQ, Priory Road, Hull, HU5 5SF
( Phone: 01482 317097 (ext 1397)

: E-mail: [email address]
P Help save paper - do you need to print this e-mail?

Humberside Police - Freedom of Information Complaints Review Procedure

Why Have A Complaints Process?

Humberside Police is committed to delivering an open and transparent
service whenever possible and it is our intention to commit to the
principles of openness embodied in the Freedom of Information Act. We
will release information to the greatest extent possible, consistent
with the public interest, however we may withhold information if we
consider its release would cause significant harm.

If information within a document is withheld, it will be clearly marked
to show where information has been removed and the legal exemption we
have used. If we decline to supply all or part of any information you
have asked for we will notify you in writing giving our reasons based
upon legal exemptions contained within the Freedom of Information Act.

If you are not satisfied about the way in which your Freedom of
Information request has been handled you have the right to appeal. This
information has been designed to help you to understand how to complain
to Humberside Police. Using this process will not affect your right to
complain directly to the Information Commissioner if you feel we have
not complied with our obligations under the Freedom of Information Act.

Who Can Complain?

Anyone who has made a Freedom of Information request in writing to the
Force can complain. If you have requested information and you are not
satisfied with the way we have dealt with it, you can use the complaints
process to have it looked at again. If someone who requested information
would like to complain but cannot do so themselves, you can complain on
their behalf but it will help us if you make it clear that you are doing
so.

What Can I Complain About?

If you are not satisfied with the way we have handled your request, with
the fee we have charged, or with the reasons we have given for refusing
to provide information, you have the right to appeal. You can complain
about the range, amount and format of information we have sent following
a request. You can also complain about the way a request was handled,
for example, the time it took to respond.

How Do I Complain?

To deal with your complaint as quickly as possible, it will help if you
can give us as much information as you can about the original request
made and the reason for your complaint. Please put your complaint in
writing and address it to:

FOI Appeals
Humberside Police Information Compliance Unit Police Headquarters Priory
Road Hull HU5 5SF

show quoted sections