UCKG applications for street collections

Dear Mr McMillan

Freedom of Information Act Request Reference No: 2010010000375
I write in connection with your request for information dated 1 January
2010 which was received by the Metropolitan Police Service (MPS) on
04/01/2010. 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)
2. Details (dates, locations, accounts if available) of any other street
collection permits granted to the UKCG during 2009.
3. Details (dates, locations) of any other street collection permits
applied for by the the UKCG during 2009. Please contact me if any
part of my request requires clarification, or if you believe the costs
incurred will be above those stipulated by the FOI act, so that I may
amend my request.

This is to inform you that I cannot identify any specific records /
documents that will satisfy your request based on the details you have
provided. To enable the MPS to meet your request could you please
provide this office with further information. I provide some guidance
that may assist you more clearly describe the information you require:

In Question 1 you ask for "Details of any applications made". It is
not clear what you mean by DETAILS. Please can you explain what
details you are seeking like you have in the subsequent questions.

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 6th April 2010 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this request and will treat it as withdrawn.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 Julia Wharton on telephone number 0207 161 3657
quoting the reference number above.

Yours sincerely,

Julia Wharton
FOI Coordinator& Review 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 Richard

Many thanks for the clarification.

Question 1 will require me to contact all boroughs in the MPS in order
to find out if they hold any information, I will keep you updated if
there are any delays etc.

Julia Wharton
FOI COORDINATOR & REVIEW OFFICER
FOI Team, Public Access Office

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Dear Mr McMillan

Freedom of Information Request Reference No: 2010010000375

I write in connection with your request for information dated 1st January
2010 which was received by the Metropolitan Police Service (MPS) on
04/01/2010. 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

2. Details (dates, locations, accounts if available) of any other street
collection permits granted to the UKCG during 2009

3. Details (dates, locations) of any other street collection permits
applied for by the UKCG during 2009.

Please contact me if any part of my request requires clarification, or
if you believe the costs incurred will be above those stipulated by the
FOI act, so that I may amend my request.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at Territorial Police Charities Office and All MPS Wide Boroughs.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to:

* disclose information requested in Question 1 subject to the
deletion of information pursuant to the provisions of section 40
(2) of the Freedom of Information Act 2000 (the Act); and
* disclose information requested in Question 2 and 3 subject to the
deletion of information pursuant to the provisions of section 41
(1) of the Freedom of Information Act 2000 (the Act)

REASONS FOR DECISION

<<foi request 2010010000375.pdf>>

Please find attached an excel spreadsheet which covers the information
requested in all three questions. Detailed below are reasons behind the
redaction of certain information that we hold. I have included a Legal
Appendix at the end of this email to show the legal wording surrounding
these exemptions. In accordance with Section 17(1) of the Freedom of
Information Act 2000, this letter acts as a Refusal Notice.

Question 1

Under the provisions of Section 40(2) 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. However, I can explain that
Section 40(2) related to the disclosure of the personal data of third
party individuals. By disclosing personal data in this instance we would
be breaching Principle One of the Data Protection Act 1998.

Personal Data is defined by Section 1 of the Data Protection Act 1998
(DPA)as data that relates to a living individual who can be identified.
When disclosing personal data we must ensure that we do not breach
Principle One of the DPA which states that personal data must be processed
fairly and lawfully. In order to comply with this principle we must
satisfy at least one condition in Schedule 2 of the DPA , the wording for
this schedule can be found in the Legal Appendix, it covers consent from
the data subject, contractual or legal obligations, legitimate interests
of the data controller, vital interests of the data subject, an order by
the Secretary of State or functions of the crown. We are unable to meet
any of these conditions therefore to disclose the personal data would be a
breach of Principle One of the Data Protection Act 1998.

Question 2

Under the provisions of Section 41(1) Information Provided In Confidence,
I have chosen not to disclose the Schedule 2 Form of Statement that we
hold in relation to UCKG. Section 41(1) is an absolute class based
exemption therefore the Act does not require me to produce harm or a
Public Interest Test. Section 41 states that information will be exempt
if it was obtained from another person or organisation and disclosure
would result in a breach of confidence over which a person could take
legal action (i.e. an actionable breach of confidence).

The MPS consider the release of this information as a breach of confidence
in relation to information submitted to us in good faith from the charity.
I am of the opinion that the charity provided this information on the
presumption that it would not be disclosed publicly. To release this
information could cause a lack of faith in the MPS and prevent further
confidences from occurring in the future, it could also lead to legal
implications. Whilst I understand that releasing this information would
show open and transparency on the charities behalf of their accounts, I do
not believe it is the MPS's place to be divulging this information and
breaching a confidence with the charity. Under my duty to assist you I can
inform you that charities are governed by the Charities Commission, all
charities have to submit their accounts to the commission and further
details can be obtained from [1]http://www.charity-commission.gov.uk.

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 0207 161 3657 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Julia Wharton
FOI Coordinator & Review Officer

LEGAL APPENDIX

Freedom of Information Act 2000

Refusal: Section 17 (1) provides:
A public authority which, in relation to any request for information, is
to any extent relying on a claim that any provision of 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 that fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies

Section 40(2) Personal information provides:
(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.

Section 41(1) Information provided in confidence provides:
(1) Information is exempt information if--
(a) it was obtained by the public authority from any other person
(including another public authority), and
(b) the disclosure of the information to the public (otherwise than under
this Act) by the public authority holding it would constitute a breach of
confidence actionable by that or any other person.

Data Protection Act 1998

Data Protection Act 1998 - Principle One
Personal data shall be processed fairly and lawfully and, in particular,
shall not be processed unless--

(a) at least one of the conditions in Schedule 2 is met, and

(b) in the case of sensitive personal data, at least one of the conditions
in Schedule 3 is also met.

SCHEDULE 2 Conditions relevant for purposes of the first principle:
processing of any personal data

1 The data subject has given his consent to the processing.
2 The processing is necessary--

(a) for the performance of a contract to which the data subject is a
party, or
(b) for the taking of steps at the request of the data subject with a
view to entering into a contract.

3 The processing is necessary for compliance with any legal obligation to
which the data controller is subject, other than an obligation imposed by
contract.

4 The processing is necessary in order to protect the vital interests of
the data subject.
5 The processing is necessary--

(a) for the administration of justice,
(b) for the exercise of any functions conferred on any person by or
under any enactment,
(c) for the exercise of any functions of the Crown, a Minister of the
Crown or a government department, or
(d) for the exercise of any other functions of a public nature exercised
in the public interest by any person.

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.

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 [2]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

References

Visible links
1. http://www.charity-commission.gov.uk/
2. file://www.informationcommissioner.gov.uk