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Statistics on Cardiff Council's use of its RIPA powers

A Freedom of Information request to Cardiff Council by Richard King

Currently overdue a response from Cardiff Council. By law, the response had to be no later than 14 May 2008.

Richard King

15 April 2008

Dear Sir or Madam,

I would like to know the following information about the Council's use of the powers granted to it under the Regulation of Investigatory Powers Act (RIPA) 2000:

- The number of times that the use of {directed surveillance} has been authorised under the RIPA by an officer of the Council.

- The number of times that the use of {covert human intelligence} has been authorised under the RIPA by an officer of the Council.

- The total number of each type of request where the investigation or operation was deemed likely to result in obtaining {confidential information} (as defined in the Home Office Covert Surveillance Code of Practice).

- The total number of each type of request in which it was determined that a risk of {collateral intrusion} existed (as defined by the Home Office Covert Surveillance Code of Practice).

- The total number of requests for each type of surveillance that have been rejected by an officer of the Council.

- A statement on the type of investigation for which each request for surveillance was made (or an indication of the criminal offence evidence of which was being sought by means of the surveillance). For example, "benefit fraud investigation", "immigration investigation". If it would be less burdensome to do so, this information could be provided in aggregate (for example, "12 of the requests were made in support of benefit fraud investigations").

I believe this data should be cheap to obtain by virtue of the requirement for central record-keeping in the Home Office Code of Practice; and its disclosure is in the public interest in the light of recent media reports of the use made of the RIPA by Poole Borough Council.

Yours faithfully,

Richard King.

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Cardiff Council

16 April 2008

ATT Richard King

Dear Mr King,

Thank you for your freedom of information request.
Your request has been forwarded to the freedom of information officer in Strategic Planning and Environment who will be dealing with your enquiry.

Yours Sincerely,
Steph John
Connect to Cardiff
Cardiff County Council
County Hall
Atlantic Wharf
Cardiff
CF10 4UW

Tel: +44 (0)29 2087 2087

Do you find it difficult to remember all those monthly bills? Setting up a Direct Debit for your Council Tax couldn't be easier, for more information go to www.cardiff.gov.uk or complete and return the instruction on the back of the bill to Cardiff County Council, PO Box 9000, Cardiff, CF10 3WD

Dear Sir or Madam,
I would like to know the following information about the Council's
use of the powers granted to it under the Regulation of Investigatory
Powers Act (RIPA) 2000:
- The number of times that the use of {directed surveillance} has
been authorised under the RIPA by an officer of the Council.
- The number of times that the use of {covert human intelligence}
has been authorised under the RIPA by an officer of the Council.
- The total number of each type of request where the investigation
or operation was deemed likely to result in obtaining {confidential
information} (as defined in the Home Office Covert Surveillance Code
of Practice).
- The total number of each type of request in which it was
determined that a risk of {collateral intrusion} existed (as defined
by the Home Office Covert Surveillance Code of Practice).
- The total number of requests for each type of surveillance that
have been rejected by an officer of the Council.
- A statement on the type of investigation for which each request
for surveillance was made (or an indication of the criminal offence
evidence of which was being sought by means of the surveillance). For
example, "benefit fraud investigation", "immigration investigation".
If it would be less burdensome to do so, this information could be
provided in aggregate (for example, "12 of the requests were made in
support of benefit fraud investigations").
I believe this data should be cheap to obtain by virtue of the
requirement for central record-keeping in the Home Office Code of
Practice; and its disclosure is in the public interest in the light
of recent media reports of the use made of the RIPA by Poole Borough Council.
Yours faithfully,
Richard King.

show quoted sections

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Bradshaw, Phillip
Cardiff Council

14 May 2008

Dear Mr King

I refer to your request submitted on 15th April. I regret that there has been considerable disruption to our FOI service as a result of an accident to our FOI Officer on the weekend of 19 April, as a result of which he is likely to be off work for several months.

This matter is now being attended to and you should receive the information , unless the information is exempt (or provision would exceed the costs limit) or we require additional time to consider whether disclosure is in the public interest in accordance with section 10(3) of the Act.
Cardiff Council's policy is to carry out the spirit and requirements of the Freedom of Information Act in a manner which:
- recognizes the duty to inform as the essential principle underlying the legislation;
- discloses to requesters the maximum information possible which is not injurious to the public and private interests identified in the exemptions in the Act and does so in the most timely and consistent manner given the nature and scope of the request;
- ensures that fees permitted under the Act are kept to an absolute minimum whilst safeguarding our position as a non-profit making repayment department
We will try to supply information in electronic format by email, but if this is not possible we will let you know. If you have any special requirements e.g. language, audio, large print, etc. please let us know.
The Act defines a number of exemptions which may prevent the release of information. If any exemptions apply to your information request they will be considered prior to disclosure. If any of the exemption categories do apply an explanation for non-disclosure will be included in the Decision Notice response you will receive, included in this notice is your right to appeal against our decision.
If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. We will keep you informed if this issue arises.
If you have any queries or concerns regarding the FOIA please do not hesitate to contact me.
You can find out more about the Act from the Information Commissioner at:
Information Commissioner's Office (Wales)
Cambrian Buildings
Mount Stuart Square
Cardiff
CF10 5FL

http://www.informationcommissioner.gov.u...
Telephone: 029 2044 8044
Fax: 029 2044 8045
Email: [email address]

Phillip Bradshaw

Information Manager
Clerk to the Council

Room CY4B, County Hall

EMail: [email address]

Phone: 029 2087 3346
[mobile number]

Fax: 029 2087 3349

Proactive Publishing Promotes Positive Perceptions

show quoted sections

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
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Richard King

14 May 2008

Dear Phillip

Thanks for your reply and the explanation of the delay in responding to my FoI request.

This is clearly an unfortunate situation and I hope the FoI Officer in question makes a full and speedy recovery.

You indicated that my request will now be fulfilled by someone else. Please can you let me know when they expect to be able to respond?

Yours sincerely

Richard King.

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Richard King

13 June 2008

Dear Sir or Madam,

It has now been a month since the deadline for you to respond to my FoI request passed. I acknowledge the difficulties resulting from the incapacitation of your FoI officer, but note that you have not responded to my email of 14 May asking for a new estimated response time, and am left wondering whether this request has been overlooked.

I would appreciate a response to indicate this is not the case, and a commitment from yourselves as to when I can expect a reply to my FoI request.

Yours sincerely,

Richard King.

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Cardiff Council

16 June 2008

Dear Richard King,

Thank you for your communication regarding your Freedom of Information request.

This has been forwarded to our Information Management Service who are dealing with your original request.

I apologise for any inconvenience you have been caused.

If you have any further queries, please do not hesitate to contact us.

Sincerely,

Paula Franklin
Records Officer

Connect to Cardiff
Cardiff County Council
County Hall
Atlantic Wharf
Cardiff
CF10 4UW

email  [email address]

Do you find it difficult to remember all those monthly bills? Setting up a Direct Debit for your Council Tax couldn't be easier, for more information go to www.cardiff.gov.uk or complete and return the instruction on the back of the bill to Cardiff County Council, PO Box 9000, Cardiff, CF10 3WD

Dear Sir or Madam,
It has now been a month since the deadline for you to respond to my
FoI request passed. I acknowledge the difficulties resulting from
the incapacitation of your FoI officer, but note that you have not
responded to my email of 14 May asking for a new estimated response
time, and am left wondering whether this request has been
overlooked.
I would appreciate a response to indicate this is not the case, and
a commitment from yourselves as to when I can expect a reply to my
FoI request.
Yours sincerely,
Richard King.

show quoted sections

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Bradshaw, Phillip
Cardiff Council

17 June 2008

I refer to your email of 13 June.

Your request has not been overlooked but I regret that due to ongoing staff shortages I cannot at this stage give you a firm estimate for a response.

You also have the right, under section 50 of the Freedom of Information Act to apply to the Information Commissioner for a decision whether, in any specified respect, your request for information has been dealt with in accordance with the requirements of Part I of the Act.
You can find out more about the Act from the Information Commissioner at:
Information Commissioner's Office (Wales)
Cambrian Buildings
Mount Stuart Square
Cardiff
CF10 5FL

http://www.informationcommissioner.gov.u...
Telephone: 029 2044 8044
Fax: 029 2044 8045
Email: [email address]

Phillip Bradshaw

Information Manager
Clerk to the Council

Room CY4B, County Hall

EMail: [email address]

Phone: 029 2087 3346
[mobile number]

Fax: 029 2087 3349

Proactive Publishing Promotes Positive Perceptions

show quoted sections

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
**********************************************************************

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