Street collections in the London Borough of Westminster by UCKG

Dear L. Lluva

Freedom of Information Request Reference No: 2010030001778
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 08/03/2010. I note you seek
access to the following information:

"Please supply me with the following information:

* 1. Details of any applications made for Christmas Carol Collections by
the UCKG (THE UNIVERSAL CHURCH OF THE KINGDOM OF GOD, charity number
1043985) during 2009, to the Metropolitan Police Service, for any
street areas in the London Borough of Westminster. Details should be
interpreted as:
* (a) the name and address of the applicant, and the date of
application;
* (b) details of the licence sought i.e. type of licence, times, dates
and locations;
* (c) any licence conditions;
* (d) regulatory reports provided to the Metropolitan Police Service by
the organisation concerned as part of the conditions of the licence
being granted.
* 2. Details (dates, locations, accounts if available) of any other
street collection permits granted to the UKCG during 2009, to the
Metropolitan Police Service, for any street areas in the London
Borough of Westminster. 'Details' should be interpreted according to
the four items (a) to (d) described in item 1 above."

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). 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 the MPS 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.

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.

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
contact me at the above e-mail address, quoting the reference number
above.

Yours sincerely

R. Loizou
Policy and Support 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 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

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Dear L. Lluva

Freedom of Information Request Reference No: 2010030001778

I write in connection with your request for information dated 07/03/2010
which was received by the Metropolitan Police Service (MPS) on 08/03/2010.
I note you seek access to the following information:

* 1. Details of any applications made for Christmas Carol Collections by
the UCKG (THE UNIVERSAL CHURCH OF THE KINGDOM OF GOD, charity number
1043985) during 2009, to the Metropolitan Police Service, for any street
areas in the London Borough of Westminster. Details should be interpreted
as:

(a) the name and address of the applicant, and the date of application;
(b) details of the licence sought i.e. type of licence, times,
dates and locations;
(c) any licence conditions;
(d) regulatory reports provided to the Metropolitan Police Service by the
organisation concerned as part of the conditions of the licence being
granted.

2. Details (dates, locations, accounts if available) of any other street
collection permits granted to the UKCG during 2009, to the Metropolitan
Police Service, for any street areas in the London Borough of Westminster.
'Details' should be interpreted according to the four items (a) to (d)
described in item 1 above.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
within Westminster Borough and Territorial Policing Headquarters.

RESULT OF SEARCHES

The searches located the below records relevant to your request.

DECISION

Question 1:

The Metropolitan Police Service did not receive any applications for
Christmas Carol Collections by the UCKG (THE UNIVERSAL CHURCH OF THE
KINGDOM OF GOD, charity number 1043985) during 2009 for any street areas
in the London Borough of Westminster.

Question Two:

(a) Name and address of the applicant, and the date of the application:
Name: Under the provisions of Section 40(2) of the Freedom of
Information Act 2000 (FoIA) governing personal information I have not
included any personal data which covers details of the applicants name.
Section 40(2) is an absolute class based exemption therefore the Act does
not require me to produce harm or a Public Interest Test.

In order for the exemption provided under Section 40(2) to be engaged
disclosure of the requested information must satisfy either the first or
second condition as defined by subsections 3 and 4. In this instance the
disclosure of the requested information would lead to identification of
third party individuals. Therefore, as this would breach principle one of
the Data Protection Act, the duty of data controllers to process personal
information fairly and lawfully, and would fail to meet Condition 6 of
Schedule 2 of the DPA we see no legitimate interest in releasing any
information we hold for this purpose.

In this case the legitimate expectations of individuals, possibly
identifiable within the information requested is that their information
will not be disseminated within the public domain. Their legitimate
expectation would be that their personal information would be treated
confidentially and not disclosed to the public. The relevant sections from
the Freedom of Information Act can be seen below in the Legal Appendix
below.

Address of Applicant: The address of the applicant can not be disclosed by
virtue of s.40(2) FoIA and carries the same reasoning as above.
Date of Application: 27/04/2009

(b) Details of the licence sought:
Type of Licence: To advance the Christian Faith, to promote regeneration
on the community
Time: Within the hours of daylight
Date: 15/08/2009
Location: City of Westminister

(c) Any Licence Conditions:

The information you require is already in the public domain. This
therefore serves as a refusal notice under s.17(1) FoIA, by virtue of s.21
FoIA governing Information accessible to the applicant by other means. I
have, outlined the relevant sections of the Act with are appropriate to
this refusal within the legal appendix below. Please refer to this link
which outlines the regulations:

http://www.met.police.uk/charities/f3252...

(d) Regulatory reports provided to the Metropolitan Police Service by the
Organisations concerned as apart of the conditions being granted:

No information is held.

Legal Appendix:

Section 17 of the Act provides:
(1) A public authority which, in relation to any request for information,
is to any extent relying on a claim that any provision in part II relating
to the duty to confirm or deny is relevant to the request or on a claim
that information is exempt information must, within the time for complying
with section 1(1), give the applicant a notice which-
(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

s.40 Personal information provides:

(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 [1998 c. 29.] 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
[1998 c. 29.] 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 [1998 c. 29.] Data Protection Act 1998 the information is exempt from
section 7(1)(c) of that Act (data subject's right of access to personal
data).

Schedule 2, Condition 6 of the Data Protection Act provides:

6 (1) The processing is necessary for the purposes of legitimate interests
pursued by the data controller or by the third party or parties to whom
the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject.
(2) The Secretary of State may by order specify particular circumstances
in which this condition is, or is not, to be taken to be satisfied.

Data Protection Act:

http://www.opsi.gov.uk/Acts/Acts1998/ukp...

Personal Data is defined by Section 1 of the Data Protection Act as data
that relates to a living individual who can be identified.

Section 21(1) of the Act provides:

(1) Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7321 8774 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Robert Dellow
IT and Information Manager - Westminster Central

* Only if qualified exemption relied upon

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law. Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
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:01625545700 Case reference: 2010030001778

Robert Dellow MInstLM
IT and Information Manager - Westminster Central

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