Transfer of work from NIS to ACRO

Dear Mr Brown

Freedom of Information Request Reference No: 2009020004071
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 16/02/2009. I note you seek
access to the following information:

* The websites of a number of police forces in England and Wales state
with regards to the handling of PNC subject access requests: "The
application will then be forwarded to the National Identification
Service, New Scotland Yard , who will process the application and post
a response to you." This information used to be acceptable to the
Australian, Canadian, New Zealand and US authorities for the purposes
of visa and work permit applications. The websites indicate that for
these countries the information must be provided by ACRO.
* I am making a request under the Freedom of Information Act 2000. I
would like to know about access to the Police National Computer (PNC)
records by ACPO Criminal Records Office (ACRO).
* Please would you provide the following information: (a) why has the
responsibility for the provision of this information (in the form of a
Police Certificate) been transferred from the National Identification
Service (NIS) to ACRO; (b) please supply electronic copies of
correspondence relating to the decision to transfer this
responsibility, including any briefing and decision papers required by
the Commissioner and/or the police authority in agreeing to the
transfer; (c) identify who was consulted regarding the transfer of
responsibility from the NIS to ACRO, and what responses were received
to any such consultation; (d) identify what relationship exists
between NIS and ACRO regarding the access to and processing of data
from the PNC and other police/national databases.

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
write or contact Shannon Aldridge on telephone number 020 7161 3527
quoting the reference number above.

Yours sincerely

Shannon Aldridge
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

show quoted sections

Dear Mr Brown

Freedom of Information Act Request Reference No: 2009020004071
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 16/02/2009. I note you seek
access to the following information:

* The websites of a number of police forces in England and Wales state
with regards to the handling of PNC subject access requests: "The
application will then be forwarded to the National Identification
Service, New Scotland Yard , who will process the application and post
a response to you." This information used to be acceptable to the
Australian, Canadian, New Zealand and US authorities for the purposes
of visa and work permit applications. The websites indicate that for
these countries the information must be provided by ACRO. I am making
a request under the Freedom of Information Act 2000. I would like to
know about access to the Police National Computer (PNC) records by
ACPO Criminal Records Office (ACRO). Please would you provide the
following information: (a) why has the responsibility for the
provision of this information (in the form of a Police Certificate)
been transferred from the National Identification Service (NIS) to
ACRO; (b) please supply electronic copies of correspondence relating
to the decision to transfer this responsibility, including any
briefing and decision papers required by the Commissioner and/or the
police authority in agreeing to the transfer; (c) identify who was
consulted regarding the transfer of responsibility from the NIS to
ACRO, and what responses were received to any such consultation; (d)
identify what relationship exists between NIS and ACRO regarding the
access to and processing of data from the PNC and other
police/national databases.

To enable the MPS to meet your request could you please provide this
office with further information.

The MPS would be grateful if you could confirm that your request
relates to all information pertaining to the ACRO Visa Project.

After receiving your reply, your request will then be considered and
you will receive the information requested within the statutory
timescale of 20 working days, subject to the information not being
exempt or containing a reference to a third party.

However, if the requested additional information has not been received
by 12 June 2009 I will assume you no longer wish to proceed with this
request and will treat it as withdrawn.

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
write or contact Shannon Aldridge on telephone number 020 7161 3527
quoting the reference number above.

Yours sincerely,

Shannon Aldridge
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

show quoted sections

Dear Mr Brown

Freedom of Information Request Reference No: 2009020004071

I write in connection with your request for information dated 16/02/09
which was received by the Metropolitan Police Service (MPS) on 16/02/09
and subsequently clarified by the MPS on 12/03/09. This clarification
redefined your request as seeking access to the following information:

Please would you provide the following information
regarding the ACRO Visa Project:

(a) why has the responsibility for
the provision of this information (in the form of a Police Certificate)
been transferred
from the National Identification
Service (NIS) to ACRO;

(b) please supply electronic copies of
correspondence relating to the decision to transfer this responsibility,
including any briefing and
decision papers required by the
Commissioner and/or the police
authority in agreeing to the
transfer;

(c) identify who was consulted regarding
the transfer of responsibility from the NIS to ACRO, and what responses
were received to any such
consultation;

(d) identify what relationship exists
between NIS and ACRO regarding the access to and processing of data from
the PNC and other
police/national databases;

(e) identify the rationale for the
Criminal Records Bureau (CRB) not being asked to provide this visa related
service.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request. However, in order to
respond appropriately and helpfully to your request, I should provide some
explanation of the circumstances surrounding the initiation of the 'ACRO
Visa Project' provision of police certificates.

The term 'ACRO Visa Project' refers to the police certificate pilot scheme
delivered by the ACPO Criminal Records Office. The background to the
establishment of a police certificate arose out of research by ACPO
Criminal Record Office (ACRO) into the nature of data protection subject
access requests for access to individuals records held on the Police
National Computer. It had been known by police force Data Protection
Officers that members of the public were being required to perform data
protection subject access requests to establish whether they had a
criminal record history. This was being required as a precursor to
employment or the issuing of a visa. Research established that between
60-80% of the subject access requests to forces fell within this category
of 'enforced subject access.' As well as presenting an administrative
burden on force Data Protection Officers, enforced subject access was
known to breach individuals' rights to privacy as any disclosure under the
subject access provisions of the Data Protection Act 1998 would include
both spent and unspent convictions.

The establishment of the police certificate process is a new service
offered by ACRO, and it is available alongside the existing subject access
facility provided on behalf of forces by NIS. As such, the police
certificate process is an alternative service provided by ACRO, rather
than a replacement or 'transfer of responsibility', and I have been unable
to locate any information held by the MPS that references the ACRO Visa
Project in the terms used in your request. However, I can confirm that the
MPS do hold relevant information relating to the rationale for the
initiation of the police certificate process by ACRO (relevant to
Questions (a) and (b) above) and the consultation undertaken by ACRO (c).
With regard to Question (d), I am unable to locate any information that
references specifically what 'relationship exists between NIS and ACRO
regarding access to and processing of data from the PNC and other
police/national databases', however, I can confirm that the MPS holds
relevant information that relates to ACRO's position as Data Controller
for the processing of data.

The MPS holds no information in respect of Question (e).

The Freedom of Information Act 2000 grants access to information, not
documents. As the requested information is contained in a number of
documents that also contain information that is not relevant to your
request, I am providing the relevant information in the form of a digest.
This will include the extracted information and also provide details of
the original document from which the information has been drawn. Please
find the digest in the attached document.

I apologise for the delay in responding to your request. I hope that you
find the information provided useful, and would be happy to discuss any
further requests you may wish to make once you have had the opportunity to
view this response. My contact details are below.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Yours sincerely

Louise Lander
Higher Information Manager
Information Management Engagement Team
Telephone: 0207 091 5565
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: 01625 545 700

show quoted sections