Incident Recording Statistics

Mr Porter made this Rhyddid Gwybodaeth request to University of Derby

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn rhannol lwyddiannus.

Dear FOI Team,

I would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the below.

The details we require are:

1) Are you able to provide the number of incidents your Security Team have attended over the past 12 months?

2) Do you have a requirement to record this information?

Thank you for your help.

Yours sincerely

UOD - FOI, University of Derby

Freedom of Information Act 2000 request FOI 2224

I acknowledge receipt of your request for information received on 3/09/20.

Unfortunately, I am not obliged to deal with it as it is not deemed to be a valid request under the Freedom of Information Act 2000; you have not given your real name as the applicant. Please see below the relevant guidance from the Information Commissioners Office. If you would like to re-submit this request, supplying me with your real name I will process it in accordance with the Act.

Kind regards

Information Assurance Coordinator

Overview
Section 8(1) of the FOIA sets out the requirements of a valid request for information and says that a request must, amongst other things, "state the name of the applicant and an address for correspondence". This guidance provides advice on how these two terms should be interpreted. A public authority is entitled to treat as invalid a request where the real name of the applicant (whether an individual or a corporate body) has not been used.

Requests involving known pseudonyms cannot be the subject of a valid complaint to the Information Commissioner under section 50 of the FOIA. Where a public authority knows that a pseudonym has been used, as a matter of good practice it should still consider the request, for example where identity is not relevant and it is content to disclose the information requested, even though technically the request is invalid. Either an email or postal address is acceptable as an address for correspondence.

The name of the applicant
The use of the phrase "the name of the applicant" in section 8(1)(b) indicates that the real name of the applicant should be used when requesting information and not any other name, for example, a pseudonym. Although one of the underlying principles of the FOIA is that the identity of the applicant is not taken into account, it can be relevant in certain circumstances.

For example, when:
A request is being made by the applicant for his/her own personal data and so would be exempt under section 40(1) of the FOIA (and would comprise a subject access request under the Data Protection Act 1998);
A public authority has good reason to believe a requester is using a pseudonym to shield his/her identity in order to avoid the possibility of the request being considered as vexatious or repeated; or Determining whether to aggregate costs for two or more requests in accordance with the Fees Regulations.

Therefore, we are of the view that it was the intention of the legislation that an applicant should provide their real name so that the request can be processed in accordance with the requirements of the FOIA. The definition of "applicant" in section 84 of the FOIA adds weight to this as the phrase in section 8(1)(b) should be read as "the name of the person making the request". This also suggests that the use of a false or fictitious name is not acceptable. Therefore, where a public authority receives a request from a person using an obvious pseudonym, there is no obligation to comply with the request; nor would it fall within the jurisdiction of the Information Commissioner. If a public authority chooses not to comply with the request it should, in keeping with its duty under section 16, advise the applicant that the FOIA requires their real name to be provided.

What constitutes a real name?
We consider that a relatively informal approach is also appropriate in this context. Therefore, title and/or first name with surname satisfies the requirement for provision of a real name, as does the use by a female applicant of her maiden name. The prime consideration is whether enough of a person’s full name has been provided to give a reasonable indication of that person’s identity.

Example:
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by stating his name in a request for information as "Arthur Roberts", "A. T. Roberts", or "Mr Roberts", but not by stating his name as "Arthur" or "A.T.R." In the case of a company, it is not necessary to provide the full registered name. It will be acceptable to provide another name which exists as a real entity, such as a trading name. Similarly, a sole trader could provide his or her real name or trading name. In most cases, it will be reasonable for a real name to comprise a name by which the person making the request is widely known and/or is regularly used by that person and which is not an obvious pseudonym or fictitious name.

Sensitivity: Internal

dangos adrannau a ddyfynnir

Dear UOD - FOI,

As requested, my name is Mr Porter.

Please can you proceed with this new information?

Yours sincerely,

Mr Porter

UOD - FOI, University of Derby

6 Atodiad

Dear Mr Porter

 

Freedom of Information Act 2000 request FOI /2230  

 

 
Thank you for your recent request for information. 

 

Your request and our responses: 

 

 1) Are you able to advise the number of incidents your security team have
attended over the past 12 months?  Data not available at this level

 

2) Is there a requirement for the University to publish these statistics
annually?  No

 

  

The information that we provide in response to the Freedom of Information
Act 2000 requests are subject to copyright protection. The copyright
is owned by either the University or a third party. Simply because
the information is available under the legislation does not mean the
University or the third party has waived its copyright. 

If you are dissatisfied with the handling of your request you should
write to: 

Helen Rishworth 
Legal, Governance & Assurance Services 
University of Derby 
Kedleston Road 
Derby 
DE22 1GB 

 

Please quote your FOI reference no. and ask that your request be
reviewed under the University’s internal appeals procedure. 

 

If after the appeal process you are still dissatisfied, you can complain
to the Information Commissioner at: Information Commissioner's
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 01625 545700 [1]www.informationcommissioner.org.uk 

 

Kind Regards 

 

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References

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