Youtube police shooting

Dear Mr Mason,

Freedom of Information Request Reference No: 2010010000738
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 05/01/2010. I note you seek
access to the following information:

* "I saw a news report on skynews, reference a youtube video of what
appears to be a Metropolitan Police officer in Public order uniform,
shooting and being shot at in a public place.
* http://news.sky.com/skynews/Home/UK-News...

* I would like to know the following;
* a. has the officer or any of the people in the video been arrested in
relation to this matter?
* b. Has a Department of Professional standards file been open, if so
what is the file reference.
* c. Has the footage been assessed for possible crimes, if so what does
that assessment reveal?
* d. Have any notices been sent to officers in the Metropolitan police
reference these video postings?
* e. what investigations have been commenced in order to discover the
identity of the officer involved?
* f. Have the Met publicised the faces of any of the individual witness'
in the video, in an effort to identify the officer involved?"

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 Katie London on telephone number 02071613907 quoting
the reference number above.

Yours sincerely

Katie London
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 Mr Mason,

I have forwarded your email to the Information Manager working on your
request and asked that she provides you with an update on your request.

Kind Regards,

Katie London | FOIA Policy and Support Officer
Public Access Office | Directorate of Information
Metropolitan Police Service
Address - Public Access Office, PO BOX 57192, London SW6 1TR

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Dear Mr Mason,

I am writing to apologise for the delay in providing you with the
substantive response to your Freedom of Information request. I am still
in the process of searching to verify if any information is held which
will answer your request.

I shall ensure that you are kept updated with the progress of your request
and I appreciate your patience.

Yours sincerely

Carol Conway
DPS-FOIA Team
Tel: 0207 2305192

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Dear Mr Mason

Please accept my apology for the delay in issuing your FOIA response. I
am still trying to retrieve any relevant information in order to address
your questions.

I regret the inconvenience caused to you and I shall keep you informed
of my progress.

Yours sincerely

Carol Conway
DPS-FOIA Team

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Dear Mr Mason,

I apologise for the delay in providing you with the response to your
request and regret the inconvenience caused to you. I hope to have this
resolved for you shortly and appreciate your patience in this matter.

Yours sincerely

Carol Conway

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Dear Mr. Mason

Freedom of Information Request Reference No: 2010010000738

I write in connection with your request for information dated 05/01/2010
which was received by the Metropolitan Police Service (MPS) on 05/01/2010.
I note you seek access to the following information:

I saw a news report on skynews, reference a youtube video of what appears
to be a Metropolitan Police officer in Public order uniform, shooting and
being shot at in a public place.
http://news.sky.com/skynews/Home/UK-News...
I would like to know the following;
a. has the officer or any of the people in the video been arrested in
relation to this matter?
b. Has a Department of Professional standards file been open, if so what
is the file reference
c. Has the footage been assessed for possible crimes, if so what does that
assessment reveal?
d. Have any notices been sent to officers in the Metropolitan Police
reference these video postings?
e. what investigations have been commenced in order to discover the
identity of the officer involved?
f. Have the Met publicised the faces of any of the individual witness' in
the video, in an effort to identify the officer involved?.
EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
at the Directorate of Professional Standards (DPS)

RESULT OF SEARCHES

The searches located information relevant to your request.

DECISION

Having located and considered the relevant information, I am afraid that I
am not required by statute to release the information requested. This
letter serves as a Refusal Notice under Section 17 of the Freedom of
Information Act 2000 (the Act).

REASONS FOR DECISION

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.

In accordance with Section 17 of the Act I have applied the following
exemption
Section 30 (2)(a)(ii)

Section 30(2)(a)(ii) - Investigations and Proceedings conducted by Public
Authorities: Qualified Exemption/Class Based

Section 30(2)(a)(iii) of the Act provides that information is exempt
information if it was obtained or recorded by the authority for the
purposes of its functions relating to investigations. These investigations
must be conducted for the purpose of ascertaining whether any person has
failed to comply with the law and/or ascertaining whether any person is
responsible for any conduct which is improper.

Please find the PIT considerations that I have identified and considered
in relation to my application of Section 30(2)(a)(iii) of the Act.

Public Interest Considerations Favouring Disclosure

Accountability
The MPS is a public authority and it is both right and proper that it
should be held to account for its actions and the conduct of its
employees. The public release of the requested information would reinforce
the MPS commitment to openness and transparency. Release would also
demonstrate that the MPS is prepared to engage the general public in
matters of public interest when a request for information is made.

Public Interest Considerations Favouring Non- Disclosure

Information Provided in Confidence
During the course of an investigation the investigating officer will
gather information from all available sources. This information will
include witness statements. This information is provided in confidence and
upon the understanding that its provision is to further the investigation.
There would be no reasonable expectation that the information provided
would be released publicly. Release of this information would accordingly,
be in breach of the confidence associated with its provision.

Internal Investigations
The requested information was obtained solely in connection with the MPS
investigation to ascertain whether an MPS police officer had engaged in
conduct that was in breach of the MPS Code of Conduct. The public release
of this information would not be in keeping with the restricted use of MPS
internal investigation reports.

Public Release of Police Information
Under the Freedom of Information Act 2000 any release of information is
considered to be 'public disclosure' and is subject to future release to
any individual should a request be received. The public release of
information that is held for the purposes of an investigation would be
contrary to the purposes for which the requested information was acquired
and is held.

Balancing Test
After weighing up the competing interests I have determined that the
disclosure of the above information would not be in the public interest.
I consider that the benefit that would result from the requested
information being released does not outweigh the reasons articulated above
in favour of non-disclosure of the 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 0207 230 5192 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Carol Conway
Case Manager

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

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Dear Mr Mason

Freedom of Information Request Reference No: 2010040004709

I write in connection with your letter dated [if request was dated, insert
date on the request] requesting that the Metropolitan Police Service (MPS)
review its response dated [ insert response date] to your request for
information relating to:

* FOIA complaint on existing case- 201001000738. Dear Metropolitan
Police Service (MPS), Please pass this on to the person who
conducts Freedom of Information reviews. I am writing to
request an internal review of Metropolitan Police Service (MPS)'s
handling of my FOI request 'Youtube police shooting'. The
refusal to give information on the basis that it would identify
persons who provided information is pure nonsense. Indeed the Met
could simply redact that areas that may identify individuals and
provide the rest of the information. Further, I understand
there is a duty on the Met under the FOI to disclose as much
information as possible. In this instance in reply to this FOI,
the Met has provided no information. In relation to the public
interest, I feel that the overwhelming public interest rests with
the publishing of this information. Why? because confidence with
the Police acting in a legal manner and being justly held
accountable is at an all time low. In this instance the Met could
demonstrate the integrity of their investigation in the criminal
conduct of a member of their staff. I request a full
examination of this response in line with the Internal review
procedure for FOI requests. A full history of my FOI request
and all correspondence is available on the Internet at this
address:
http://www.whatdotheyknow.com/request/yo...
Yours faithfully, Paul Mason .

The review will be conducted in accordance to the MPS's complaints
procedure. The MPS endeavour to respond to your complaint by 21st May 2010
.

Should you have any further inquiries concerning this matter, please
contact Sarah Strong on telephone number 0207 161 3657 or at the address
at the top of the letter quoting the reference number above.

Thank you for your interest in the MPS.

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, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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 Mr Mason

Freedom of Information Review Reference No: 2010040004709

I am now able to provide a response to your complaint dated 23/4/2010
concerning:

* Complaint regarding: 2010010000738

YOUR REQUEST

I saw a news report on skynews, reference a youtube video of what
appears to be a Metropolitan Police officer in Public order uniform,
shooting and being shot at in a public place. I would like to know the
following;
A. Has the officer or any of the people in the video been arrested
in relation to this matter?
B. Has a Department of Professional standards file been open, if so
what is the file reference.
C. Has the footage been assessed for possible crimes, if so what
does that assessment reveal?
D. Have any notices been sent to officers in the Metropolitan
police reference these video postings
E. What investigations have been commenced in order to discover the
identity of the officer involved?
F. Have the Met publicised the faces of any of the individual
witness' in the video, in an effort to identify the officer involved?

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Vary the original decision:

* Question A has been made exempt under S40(5).
* Questions B, C, D, E & F I have exempted under Section 30(1).

REASON FOR DECISION

The original response sent to you by Carol Conway correctly confirmed
that the MPS held information pertaining to your request.

A. Has the officer or any of the people in the video been arrested in
relation to this matter?

After careful consideration it is the MPS view that exemption Section
40(5) is engaged because it relates to sensitive personal information.
Under Section 17(4) of the Freedom of Information Act this acts as a
refusal notice and the MPS neither confirm nor deny we hold
information pertinent to arrest data of any persons shown in the video
footage. S40(5) is an absolute exemption and we are not required to
carry out any harm or public interest test.

However, I would like to explain why confirming or denying whether the
people featured in the footage were arrested would attract the S40(5)
exemption.

The video footage is in the public domain and it shows individuals
that could be easily identified by someone who knew them. If we were
then to make a public announcement via FOIA that any of these people
had been arrested we would be in breach of the Data Protection Act
1998. The below explanation of sensitive personal data gives the
reason why arrest data is included.

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

Furthermore sensitive personal data as defined by Section 2 of the
Data Protection Act. This includes the commission or alleged
commission of offences and prosecution for any such offences.
Sensitive personal data is afforded further safeguards from disclosure
and I have taken this into consideration in my decision.

Schedule 2 Conditions of the Data Protection Act 1998 provides:
In this Act "sensitive personal data" means personal data consisting
of information as to-
(a) the racial or ethnic origin of the data subject,
(b) his political opinions,
(c) his religious beliefs or other beliefs of a similar nature,
(d) whether he is a member of a trade union (within the meaning of the
[1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act
1992),
(e) his physical or mental health or condition,
(f) his sexual life,
(g) the commission or alleged commission by him of any offence, or
(h) any proceedings for any offence committed or alleged to have been
committed by him, the disposal of such proceedings or the sentence of
any court in such proceedings.

A copy of the Data Protection Act can be viewed at the following link:
http://www.opsi.gov.uk/acts/acts1998/ukp...

B. Has a Department of Professional standards file been open, if so
what is the file reference.
C. Has the footage been assessed for possible crimes, if so what does
that assessment reveal?
D. Have any notices been sent to officers in the Metropolitan police
reference these video postings
E. what investigations have been commenced in order to discover the
identity of the officer involved?
F. Have the Met publicised the faces of any of the individual witness'
in the video, in an effort to identify the officer involved?

Due to the increased public interest in this matter, I can confirm
that an investigation by the Directorate of Professional Standards
took place in order to determine if the footage contained grounds for
any offences or misconduct, the footage was viewed as part of the
investigation. The MPS would like to assure you that they take the
misconduct of any staff employed seriously and will investigate
matters accordingly.

As part of this investigation officers worked with our technical
experts to enhance the footage. It has not been possible to identify
that any MPS officers appear in the footage and no further action is
being taken. The footage appears to show someone wearing a uniform
used for public order policing by officers in a range of MPS units.
Approximately 5,000 officers have access to this type of uniform.

The investigation file, its reference number, what any assessment
revealed and its contents form part of the investigation which is also
exempt under S30(1))(a)(i)&(ii), (b) & (c).

I agree with Carol Conway's decision to make the information requested
exempt under S30 of the FOIA but I am relying on subsection (1) rather
than (2). Therefore this acts a refusal under Section 17(1).

I have provided you with a new public interest test and hope this will
assist you in understanding our reasons for exempting this
information.

I have taken into consideration the below extracts which are taken
from the White Paper which preceded the introduction of the 2000 Act:
"Your Right To Know: The Government's Proposals for a FOI Act".

"[Freedom of Information] should not undermine the investigation,
prosecution or prevention of crime, or the bringing of civil or
criminal proceedings by public bodies. The investigation and
prosecution of crime involve a number of essential requirements. These
include the need to avoid prejudicing effective law enforcement, the
need to protect witnesses and informers, the need to maintain the
independence of the judicial and prosecution processes, and the need
to preserve the criminal court as the sole forum for determining
guilt. Because of this, the Act will exclude information relating to
the investigation and prosecution functions of the police,
prosecutors, and other bodies carrying out law enforcement work such
as the Department of Social Security or the Immigration Service. The
Act will also exclude information relating to the commencement or
conduct of civil proceedings."

Although this paper pre-dates the FOIA the above extract helps to
explain why there is a need to apply this exemption.

Considerations favouring disclosure
Disclosure of information about the investigation or the contents of
the file would allow for greater accountability by showing members of
the public that we actively investigate incidents reported to us in a
thorough and proportionate manner. By disclosing this information we
will be reassuring the public that the MPS take all matters of
misconduct by members of staff seriously and will investigate
incidents reported to us fairly and appropriately.

Considerations favouring non-disclosure
This exemption is engaged because the requested information is held
for the purpose of an investigation. Information relating to a
possible investigation will rarely be disclosed and only where there
is a strong public interest consideration favouring disclosure. The
release of this information could hinder any investigation should new
evidence come to light.

This exemption is engaged because the requested information would
expose our methods of investigation. This would have a detrimental
effect on our ability to police effectively as it would allow those
with criminal intent to take measure to evade prosecution.

Release of information would act as a deterrent to the public to
provide information or complaint to the service. If the relationship
between the MPS and members of the public were impeded, the gathering
of any information or complaint to enable the MPS to perform its
public service functions would become more difficult than it already
is. Anything which undermines this would have a detrimental effect,
reducing the quality of information the service receives.

Releasing information about an investigation would have a prejudicial
effect on investigation by detailing our procedures and investigative
techniques. This is particularly relevant for ongoing investigations
where disclosure would undoubtedly cause damage to the justice
process.

Balance Test

The public interest is not what interests the public but what will be
of greater good if released to the community as a whole. It is not in
the public interest to disclose information that may jeopardise any
current or future investigation. After weighing up the competing
interests I have determined that the disclosure any information
pertaining to the investigation would not be in the public interest.
I consider that the benefit that would result from the information
being disclosed does not outweigh the arguments for non-disclosure.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached
paper entitled Complaint Rights, which explains how to contact the
Information Commissioner with your complaint.

Yours sincerely

Julia Wharton
Public Access Office

LEGAL APPENDIX

Freedom of Information Act 2000

17 Refusal of request
(1) 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

(4) A public authority is not obliged to make a statement under
subsection (1)(c) or (3) if, or to the extent that, the statement
would involve the disclosure of information which would itself be
exempt information.

40 Personal information
(5) The duty to confirm or deny-
(a) does not arise in relation to information which is (or if it were
held by the public authority would be) exempt information by virtue of
subsection (1), and
(b) does not arise in relation to other information if or to the
extent that either-
(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would
(apart from this Act) contravene any of the data protection principles
or section 10 of the [1998 c. 29.] Data Protection Act 1998 or would
do so if the exemptions in section 33A(1) of that Act were
disregarded, or
(ii) 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)(a) of
that Act (data subject's right to be informed whether personal data
being processed).

30 Investigations and proceedings conducted by public authorities
(1) Information held by a public authority is exempt information if it
has at any time been held by the authority for the purposes of-
(a) any investigation which the public authority has a duty to conduct
with a view to it being ascertained-
(i) whether a person should be charged with an offence, or
(ii) whether a person charged with an offence is guilty of it,
(b) any investigation which is conducted by the authority and in the
circumstances may lead to a decision by the authority to institute
criminal proceedings which the authority has power to conduct, or
(c) any criminal proceedings which the authority has power to conduct.
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, within forty (40) working days
from the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 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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