Re: Data Protection Act

Marie

Could I please ask you to clarify if the below information is in regard to
the Police Authority or the Cheshire Constabulary?

Regards

Viv Craven
Police Authority

Marie Griffiths To FOI requests at Cheshire Police Authority
<[FOI #30199 email]> <[Cheshire Police Authority request email]>
cc
05/03/2010 15:25 Subject Freedom of Information request - Re: Data
Protection Act

Dear Cheshire Police Authority,

Please provide the following information regarding your
responsibilities under the Data Protection Act (DPA):

1. How many requests do you get under the DPA each year?
2. How do you verify the authenticity of DPA requests?
3. Do you conduct regular DPA audits / have an auditing policy?
4. Do you maintain data on errors in information covered by the
DPA?
a. If so, please provide data for the past 5 years.

Yours faithfully,

Marie Griffiths

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Dear Ms Griffiths,

I acknowledge receipt of your correspondence received 15/03/2010 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.

I am in the process of dealing with your request and will respond in due
course and in any case by 14/04/2010. Please contact us by e-mail at
[email address] if you have any further enquiries.

Regards

Sarah Davies
Information Management Unit
Tel: 01244 616556
===================================
Cheshire Constabulary Headquarters
Clemonds Hey
Oakmere Road
Winsford
CW7 2UA
===================================

This communication is intended for the addressee(s) only.
Please notify the sender if received in error. Internet email
is not to be treated as a secure means of communication.
Cheshire Constabulary monitors all Internet and email activity
and requires it is used for official communications only. Thank
you for your co-operation.

Dear Ms Griffiths,

I refer to your recent request for information under the Freedom of
Information Act 2000 as set out below:

Please provide the following information regarding your
responsibilities under the Data Protection Act (DPA):

1. How many requests do you get under the DPA each year?
2. How do you verify the authenticity of DPA requests?
3. Do you conduct regular DPA audits / have an auditing policy?
4. Do you maintain data on errors in information covered by the
DPA?
a. If so, please provide data for the past 5 years.

In accordance with section 1(1) (a) of the Act our response is provided
below;

I can confirm that the Cheshire Constabulary does hold the information you
have requested. In order to provide the information it will require a
manual search of audit records from 2005 to the current date to extract
error data to answer part 4 a of your request. This it is estimated will
exceed the appropriate limit. The appropriate limit is defined in the Data
Protection and Freedom of Information (Fees and Appropriate Limit)
Regulations 2004, which is covered by statutory Instrument Number 3244 of
2004. Furthermore, Section 12 of the Freedom of Information Act 2000 allows
a public authority to refuse to respond to a request for information where
the cost of compliance would exceed the appropriate limit as defined by the
above mentioned regulations.

The above refers only to part 4 a of your request. if you would care to
refine your request to exclude that part we estimate that the remaining
parts can be completed within the appropriate limit.

If I can be of any further assistance in this matter, please do not
hesitate to contact me.

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

(See attached file: FOI Appeals Procedures.Final version.doc)

Regards

John Gannon
Information Management Unit
Tel: 01244 614176

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Dear Ms Griffiths,

I acknowledge receipt of your correspondence received 22/03/2010 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.

I am in the process of dealing with your request and will respond in due
course and in any case by 21/04/2010. Please contact us by e-mail at
[email address] if you have any further enquiries.

Regards

Sarah Davies
Information Management Unit
Tel: 01244 616556
===================================
Cheshire Constabulary Headquarters
Clemonds Hey
Oakmere Road
Winsford
CW7 2UA
===================================

This communication is intended for the addressee(s) only.
Please notify the sender if received in error. Internet email
is not to be treated as a secure means of communication.
Cheshire Constabulary monitors all Internet and email activity
and requires it is used for official communications only. Thank
you for your co-operation.

Dear Ms Griffiths,

I refer to your recent request for information under the Freedom of
Information Act 2000 as set out below:

1. How many requests do you get under the DPA each year?
2. How do you verify the authenticity of DPA requests?
3. Do you conduct regular DPA audits / have an auditing policy?

In accordance with section 1(1) (b) of the Act our response is provided
below;

Question 1: The department deals with a varied amount of 'requests' that
could be considered under the Data Protection Act. The most numerous are
listed below and include Subject Access under section 7 of the Act. In
addition we deal with 'exceptional case' applications (requests to remove
data from the Police National Computer (PNC)), requests to remove DNA and
requests under an agreement ACPO and the ABI (ACPO/ABI MOU), these are very
similar to Subject Access requests. There are many applications under
section 35 of the Act, these are to numerous to list taking the form in
many cases of an enquiry letter, mainly from solicitors. The department
also deals with applications from the Family Courts under Court orders and
through a protocol agreement with the Courts. In addition Information
Sharing comes under the DP remit.

Subject Access: 2009 = 977
2008 = 1677
2007 = 2510
2006 = 2349
2005 = 2262

Exceptional Cases: 2009 = 7
2008 = 6
2007 = 2
2006 = 8
2005 = 0

Removal of DNA: 2009 = 7
2008 = 6
2007 = 0
2006 = 0
2005 = 0

ACPO/ABI MOU. 2009 = 136
2008 = 125
2007 = 94
2006 = 88
2005 = 26

Question 2: All application must be in writing. For Subject Access requests
we provide an application form SA1. The applicant must produce two forms of
Identification which covers the following:

Name/ Address/ Signature/ Date of Birth. Photocopies MUST be certified
copies.

Question 3: The department has three Data Protection and Information
Security auditors and works from a three year audit plan from risk assessed
systems. The plan is of course subject to change with the inclusion of new
systems and specific requests from business owners.

The Constabulary adheres to ACPO Data Protection Manual of Guidance and the
Audit manual Both available from ACPO Website (www.acpo.police.uk)

If I can be of any further assistance in this matter, please do not
hesitate to contact me.

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

(See attached file: FOI Appeals Procedures.Final version.doc)

Regards

John Gannon
Information Management Unit
Tel: 01244 614176

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