Credit, charge, debit, corporate credit, fuel cards/accounts

The request was successful.

Dear Dyfed Powys Police,

I am writing to you to request information on,

a Details of any kind of credit, charge, debit, corporate credit, fuel cards/accounts issued to Chief Constable, Deputy Chief Constable, Assistant Chief Constable, Director of Finance, Director of Legal Services, Director of Resources, Detective Chief Superintendent Simon Powell (Criminal Investigation Department (CID)), Head of Operations (Superintendent Huw Meredith), Information Systems and Technology (Dr Stephen Havard), Superintendent Richard Lewis (Professional Standards), Neighbourhood Superintendent (Carmarthenshire & Powys, Superintendent Claire Parmenter), Neighbourhood Superintendent (Pembrokeshire & Ceredigion, Superintendent Robyn Mason)

b Details of the type of cards and maximum spending limits on each card and for each member of staff.

c The name and job title of staff member that signs at end of each month confirming that they are satisfied that spending was exclusively for work and not personal use.

Please provide copies of all statements for all cards/accounts for the last 36 months.

Yours faithfully,

M Clark

Dyfed Powys Police

Diolch am eich e-bost sydd wedi’i dderbyn gan yr Uned Rhyddid Gwybodaeth
yn Heddlu Dyfed-Powys. Bydd yn cael ei ystyried a’i weithredu fel y bo’n
briodol. Os oes gennych unrhyw ymholiadau mewn perthynas â’r mater hwn,
mae croeso i chi gysylltu â’r Uned Rhyddid Gwybodaeth ar 01267 226596.

Thank you for your e-mail which has been received by the Freedom of
Information Unit at Dyfed Powys Police and will be considered and actioned
as appropriate. Should you have any queries in respect to this matter then
please feel free to contact the Freedom of Information Unit on 01267
226596.

A oeddech chi’n gwybod bod modd cyrchu gwybodaeth ynghylch Heddlu Dyfed
Powys drwy Gynllun Cyhoeddi a Log Datgeliadau Heddlu Dyfed-Powys? Mae’r
ddau ar gael drwy’r dolenni cyswllt isod:

Did you know you can access information about Dyfed Powys Police via the
Dyfed Powys Police Publication Scheme and the Dyfed Powys Police
Disclosure Log? Both are available via the below links:

www.dyfed-powys.police.uk/en/information/
www.dyfed-powys.police.uk/en/information...

12 Attachments

Dear Mr Clark

 

Reference No: 302/2016

 

I write in connection with your request for information dated the 10^th
April 2016 and received in the FOI Unit on the same date regarding
credit/debit/charge card/accounts.

 

This request is being handled under the Freedom of Information Act 2000.

 

Section 1 of the Freedom of Information Act 2000 places two duties on
public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held.

 

Where exemptions are relied upon section 17 of FOIA requires that we
provide the applicant with a notice which:

 

a) States that fact

b) Specifies the exemption(s) in question and

c) State (if that would not otherwise be apparent) why the exemption
applies

 

I can confirm that Dyfed Powys Police does hold the information that you
have requested, please see the attached response document. However we have
redacted part of the information since we consider that the following
exemptions apply to it:

 

Section 31(1)(a)(b) Law Enforcement

Section 40(2) Personal Information

 

Section 31(1)(a)(b) Law Enforcement

 

(1)     Information which is not exempt information by virtue of section
30 is exempt information if its disclosure under this Act would, or would
be likely to prejudice –

(a)     the prevention or detection of crime

(b)     the apprehension or prosecution of offenders

 

Section 31 is a prejudice-based qualified exemption and as such there is a
requirement to provide details of the harm as well as the public interest
test.

Evidence of Harm

Under the Act, we cannot, and do not request the motives of any
application for information. We have no doubt that the vast majority of
requests made under the Act are legitimate and the applicants do not have
any ulterior motives. However, in disclosing information to one applicant,
we are expressing a willingness to provide it to anyone in the world. This
means that a disclosure to a genuinely interested and concerned person
automatically opens it up for a similar disclosure, including those who
would use the information to gain an advantage for criminal intent.

In considering whether or not this information should be disclosed,
consideration has been given to the potential harm that could be caused by
disclosure.

Disclosure of the requested information identifies venues that are
frequented by police personnel when attending business related
functions/conferences/meetings at specific locations, which would provide
those intent on causing public disorder and those engaged in criminal
activity with valuable information. The release of such information would
be to the detriment of providing an efficient policing service and a
failure in providing a duty of care to all members of the public. This
would affect law enforcement as more resources would be required to police
future high profile events.

Considerations favouring disclosure – Section 31:

There is a public interest in disclosure of this type of information.
Disclosure would enable the public to see where public funds are being
spent and provide accurate information which would increase public
awareness.

Disclosure of the information would reinforce the Dyfed Powys Police Force
commitment to openness and transparency.

Considerations favouring non-disclosure – Section 31:

I am of the opinion that it is not in the public interest to disclose
specific locations that are frequented by police personnel, due to the
fact that the disclosure would hinder the ability of Dyfed Powys Police to
prevent and detect crime and disorder when planning for future events. The
requested information would assist those planning to commit acts of
violence, or acts of damage to iconic sites.

As explained within the evidence of harm, there are likely to be
individuals who seek to obtain tactical and strategic details. This
information could be used to improve their criminal plans on avoiding
detection and apprehension at high profile events, whilst placing
individuals at greater risk. It would not be in the public interest to
disclose the requested information as it is likely to impact on police
resources.

Balance Test

The strongest reason favouring disclosure of the requested information is
that it would increase public awareness in relation to how money is spent
by the police force and provides reinforcement of the Dyfed Powys Police
Force’s commitment to openness and transparency.

The strongest reason favouring non-disclosure is that the disclosure would
hinder the ability of the Dyfed Powys Police Force to prevent and detect
crime at future similar events. If through the Act, the public are
provided with information that would enable criminals to evade
apprehension and detection at similar future events; this would not be in
the public interest to disclose the requested information, as it places
individual’s safety at risk. I consider that the benefit that would result
from the information being disclosed does not outweigh the arguments
favouring exemption.

Therefore, in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information.

 

Section 40 (2) Personal Information

 

Section 40 (2) applies to third party personal data and is exempt from
disclosure under the Freedom of Information Act 2000 if disclosure would
breach any of the data protection principles contained within Part 1 of
Schedule One under Section 4 (1) and (2) of the Data Protection Act 1998.
Such information would not be released under the Freedom of Information
Act 2000 unless there is a strong public interest. One of the main
differences between the Freedom of Information Act 2000 and the Data
Protection Act 1998 is that any information released under FOI is released
into the public domain, not just the individual requesting the information
and disclosure under the Act must be made with that in mind. As such, any
release that identifies an individual through releasing their personal
data, even third party personal data is exempt.  Personal data is defined
under Section 1 (1) (e) of the Data Protection Act (1998) as:

 

“… data which relate to a living individual who can be identified-

(a)   from those data, or

(b)   from those data and other information which is in the possession of,
or is likely to come into the possession of, the data controller, and
includes any expression of opinion about the individual and any indication
of the intentions of the data controller or any other person in respect of
the individual. “

 

All persons whose personal data is processed by the Force regardless of
whether they be members of the public or staff have an intrinsic right to
privacy and these rights are protected by virtue of the Data Protection
Act 1998. Release of the information subject to the exemption is likely to
compromise those rights.

 

The Section 40 exemption is an absolute exemption (except in some limited
circumstances). This therefore means that it is not necessary to carry out
a public interest test. Information Commissioner’s Office (ICO) guidance
“The exemption for personal information” provides a detailed explanation
on the interface between the Freedom of Information Act 2000, the Data
Protection Act 1998 and the use of the Section 40 exemption. ICO guidance
suggests that consideration should be made to the following:

 

o “Is the information personal data?
o If so, will disclosure breach one of the data protection principles?”

 

In the present case the issue under consideration is that the persons
concerned could be identified by the disclosure of the information in its
entirety which would breach Principle One of the 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.”

 

Members of the public and staff are entitled to protection under the Data
Protection Act 1998. The Force would be failing in its lawful duty were it
to breach the Data Protection Act in order to furnish a disclosure under
the Freedom of Information Act 2000. To provide information that
identifies an individual would result in the breach of the Data Protection
Act. The Force has a duty to protect the personal data of all individuals
regardless of whether they are members of the public or staff.

 

Therefore, in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information.

 

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to the freedom of information
unit address supplied on the attached appeal process document.

 

If you remain dissatisfied with the handling of your request or complaint
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

 

Telephone:      0303 123 1113

Or:                   01625 545745

Website:          [1]www.ico.org.uk

 

There is no charge for making an appeal.

 

I would like to take this opportunity to thank you for your interest in
Dyfed Powys Police.

 

Yours sincerely

 

Nicola Harris

Swyddog Rhyddid Gwybodaeth - Freedom of Information Officer

Uned Rhyddid Gwybodaeth - Freedom of Information Unit

Pencadlys Heddlu - Dyfed-Powys Police Headquarters

Caerfyrddin - Carmarthen

Ffon/Tel: 01267 222020

e-bost/e-mail - [2][Dyfed Powys Police request email]

 

Dyfed Powys Police provides you the right to request a re-examination of your
case under its review procedure (copy enclosed). If you decide to request such a
review and having followed the Force’s full process you are still dissatisfied,
then you have the right to direct your comments to the Information Commissioner
who will give it consideration.

 

A oeddech chi’n gwybod bod modd cyrchu gwybodaeth ynghylch Heddlu Dyfed
Powys drwy Gynllun Cyhoeddi a Log Datgeliadau Heddlu Dyfed-Powys?  Mae’r
ddau ar gael drwy’r dolenni cyswllt isod:

 

Did you know you can access information about Dyfed Powys Police via the
Dyfed Powys Police Publication Scheme and the Dyfed Powys Police
Disclosure Log?  Both are available via the below links:

 

[3]www.dyfed-powys.police.uk/en/information/

[4]www.dyfed-powys.police.uk/en/information/responses/

E-MAIL CONFIDENTIALITY STATEMENT

This e-mail and any files transmitted with it are not necessarily the view
of Dyfed-Powys Police. It is intended only for the person or entity named
above. If you have received this e-mail in error please notify the
originator and erase this e-mail from your system. If you are not the
intended recipient or the employer or agent responsible for delivering it
to the intended recipient, you are hereby notified that any use, review,
dissemination, distribution or copying of the e-mail is strictly
prohibited. This e-mail and any files transmitted within it have been
checked for all known viruses. The recipient should still check the e-mail
and any attachments for the presence of viruses, as Dyfed-Powys Police
accepts no liability for any damage caused by any virus transmitted by
this e-mail.

DATGANIAD CYFRINACHEDD E BOST

Nid yw'r e-bost hwn nag unrhyw ffeiliau a drosglwyddir gydag ef o
angenrheidrwydd yn adlewyrchu barn Heddlu Dyfed-Powys. Bwriedir yr e-bost
ar gyfer y person neu'r sefydliad a enwir uchod. Os derbyniwyd yr e-bost
hwn trwy gamgymeriad, dylid hysbysu'r anfonydd a dileu'r e-bost oddi ar
eich system os gwelwch yn dda. Os na'i fwriadwyd ar eich cyfer chi ac nid
chi yw'r cyflogwr na'r asiant sy'n gyfrifol am roi'r e-bost i'r derbynnydd
bwriadedig, fe'ch hysbysir gan hyn na chaniateir i chi ddefnyddio,
adolygu, lledaenu, dosbarthu na chopio'r e-bost ar unrhyw gyfrif.
Archwiliwyd yr e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef am
firws. Serch hynny, dylai'r derbynnydd hefyd archwilio'r e-bost a'r
ffeiliau sydd ynghlwm am firws oherwydd nid yw Heddlu Dyfed Powys yn
derbyn cyfrifoldeb am unrhyw ddifrod a achosir gan unrhyw firws a
drosglwyddir trwy gyfrwng yr e-bost hwn.

Dyfed Powys Police the lowest levels of recorded crime and highest total
detection rate across the whole of England and Wales.

Heddlu Dyfed Powys y lefelau isaf o droseddau a recordiwyd a r gyfradd
ddatrys uchelaf ar draws Cymru a Lloegr gyfan.

 

References

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