Dear Sir/Madam

I acknowledge receipt of your correspondence received 19/10/2019 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.
I am in the process of dealing with your request and will respond in due
course and in any case by 15/11/2019.

Please note that you will not receive a response if you have previously
been issued with a notice under section 14 of the act relating to the
subject of this request.

Please contact us by email at [1][email address] if you
have any further enquiries.

Regards

The Requests Team
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

Tel :: 01606 362384

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. mailto:[email address]

Dear E Williams,

Please see attached response to Freedom of Information request 12085.

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

Regards,

Lucy Taylor – Request Decision Maker

Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services

Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA

Phone: 01606 362384 | Email: [1][email address]

Visit [2]www.cheshire.police.uk | [3]www.cheshirefire.gov.uk

Follow [4]@cheshirepolice and @CheshireFire on Twitter

Like [5]Cheshire Police and Cheshire Fire and Rescue Service on Facebook

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. mailto:[email address]
2. http://www.cheshire.police.uk/
3. http://www.cheshirefire.gov.uk/
4. http://www.twitter.com/cheshirepolice
5. http://www.facebook.com/cheshirepolice

Dear Sir/Madam

Thank you for your email dated in which you express dissatisfaction
with our response to your request under the Freedom of Information Act
2000.

In view of your comments your request has been forwarded to our
independent appeals/reviewing officer, who has been appointed by the
Authority. In accordance with our current policy, in line with
the guidance from the Information Commissioner we aim to provide
a response to you within 20 working days.

If you require any further information you may contact me, details below.

Regards

Freedom of Information Officer
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

Tel :: 01606 366556

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

Dear Mr Williams

I write in response to your email dated 12/11/2019 requesting an
independent appeal against the decision made in relation to your request
for information under the Freedom of Information Act 2000.

In line with S45 of the Freedom of Information Act 2000 (Code of
Practice), I have conducted an internal review in relation to your request
for information. In carrying out this review, reference is made to the
legislation guidance, the Code of Practice on the Discharge of the
Functions of Public Authorities under Part 1 of the Freedom of Information
Act.

For the purposes of clarity, your original request on 19^th October 2019
was:

1.I would like the most recent facial picture of 5835 Patrick Campbell
(retd).

Although this is personal data, it would be fair to release the picture
because PC Campbell, according to your findings, is a sexual weirdo, and
the public need to know what he looks like. 

2.Where was the toilet cubicle located where PC Campbell entered, in
uniform, and took a video of himself masturbating and ejaculating? It is
in the public interest to know the location as a place to avoid for those
of us who don't want to see Cheshire Constabulary officers engaging in
their 'hobby'.

3.On what date(s) did you inform the victims that PC Campbell had
unlawfully accessed their (sensitive) personal data?

4.On what date(s) did you contact the Information Commissioner regarding
the unlawful accessing of the victim's data?

5.Provide the video shared of the unidentified person in the toilet
cubicle.

The Constabulary’s response 12^th November 2019:

After careful consideration I am able to confirm that the information you
have requested under question 1 and 5 is exempt by virtue of Section 40
(2) of the act (as amended by Schedule 19 of the Data Protection Act
2018).

The information you have requested may directly or indirectly identify an
individual and is therefore the personal data of a third party (as defined
by the GDPR (A4.1) and the Data Protection Act 2018 (S3.2)). Releasing
this personal data would be likely to contravene the first data protection
principle (as defined by the GDPR (A5) and the Data Protection Act 2018
(S35)). This is an absolute exemption therefore neither the public
interest test nor evidence of harm in disclosure needs to be outlined.

2. No information held.

3. January – February 2019

4. 24^th October 2019

Your response 5^th November 2019;

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Cheshire Constabulary's
handling of my FOI request '5835, PC Patrick Campbell (retd).'.

You have to say if you hold the info or not What about Q.5? 

Try harder.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://www.whatdotheyknow.com/request/5...

My response:

In reviewing this appeal, I can confirm that the original response
provided is indeed correct and therefore I do not uphold your appeal. 

Just to clarify a couple of points that may assist you, in your response
Ms Taylor stated that questions 1 & 5 were in fact exempt.  Just to
clarify this means that we do hold the information you have requested but
the information is exempt in accordance with Section 40 of the Freedom of
Information Act 2000.

Please accept our apologies for not including a Section 17 refusal notice
in your original response therefore, please see the below refusal notice
which should have been included;

Section 17 of the Freedom of Information Act 2000 requires the Cheshire
Constabulary, when refusing to provide such information (because the
information is exempt) to provide you with 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:

I hope this assists you further in your request, if you have further
recourse for appeal, then you may wish to contact the Information
Commissioner. Information can be obtained about the appeal procedure from:

The Information Commissioner

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK8 5AF

Regards

Sarah Davies

Information Officer

Joint Corporate Services  | Cheshire Constabulary  | Police HQ | Clemonds
Hey | Winsford | Cheshire | CW7 2UA | Phone: 01606 366556 |  Email:
[2][email address]

Visit [3]www.cheshire.police.uk | Follow [4]@cheshirepolice on Twitter |
Like [5]Cheshire Police on Facebook

[6]logo[7]cid:image001.jpg@01D24FB5.8237DE20

This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.

References

Visible links
1. https://www.whatdotheyknow.com/request/5...
2. mailto:[email address]
3. http://www.cheshire.police.uk/
4. http://www.twitter.com/cheshirepolice
5. http://www.facebook.com/cheshirepolice