Police Constable Ian Naude

Edward Williams made this Rhyddid Gwybodaeth request to Cheshire Constabulary

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Cheshire Constabulary.

Dear Cheshire Constabulary,

BACKGROUND
According to this article in the online Independent:

https://www.independent.co.uk/news/uk/cr...

"The court heard that after the rape was reported on 3 November, Naude was accidentally copied into a police email revealing the plan to arrest him. When his phone was seized 756 images had been deleted from it."

REQUEST
1.Provide the email 'accidentally' copied to police constable Naude.
(Note: I am happy for you to redact the email addresses of all the recipients except police constable Naude. The email address of the sender of the email should not be redacted as this is not personal data but professional data and it is fair for the public to know the name of the sender).

2.Provide any PSD/IOPC reports into the sending of the email and into police constables Naude's actions.

3.Provide the recruitment vetting procedure that PC Naude was subject to.

4. Provide the current vetting procedure.

5.How much have you paid the victim(s) in money damages and legal costs, and your own legal costs? Please set out how much any insurance policy will pay separately.

Yours faithfully,

Edward Williams

Freedom of Information, Cheshire Constabulary

Dear Sir/Madam

I acknowledge receipt of your correspondence received 17/11/2018 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 17/12/2018.

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]

Requests, Cheshire Constabulary

5 Atodiad

Dear Mr Williams

YOUR REQUEST:

BACKGROUND

According to this article in the online Independent:

[1]https://www.independent.co.uk/news/uk/cr...

"The court heard that after the rape was reported on 3 November, Naude was
accidentally copied into a police email revealing the plan to arrest him.
When his phone was seized 756 images had been deleted from it."
1.Provide the email 'accidentally' copied to police constable Naude.

(Note: I am happy for you to redact the email addresses of all the
recipients except police constable Naude. The email address of the sender
of the email should not be redacted as this is not personal data but
professional data and it is fair for the public to know the name of the
sender).

2.Provide any PSD/IOPC reports into the sending of the email and into
police constables Naude's actions.

3.Provide the recruitment vetting procedure that PC Naude was subject to.

4. Provide the current vetting procedure.

5.How much have you paid the victim(s) in money damages and legal costs,
and your own legal costs? Please set out how much any insurance policy
will pay separately.

 

OUR RESPONSE:

 

1.    Please see the attached FOI 10730 EMAIL document and the below
exemptions;

2.    There is no information held

3.    Please see the attached ACPO National Vetting Policy document that
was a national document.  In addition please see the following link to
assist you with your enquiry;
[2]https://www.cheshire.police.uk/news-and-...

4.    Cheshire Constabulary follows the new NPCC Vetting Code of Practice
which is already available to you by other means and is therefore exempt
in accordance with Section 21 of the Freedom of Information Act 2000. 
Please see the following link to assist you;  In addition please see the
Local Policy Note for Cheshire Police attached. 

5.    There is no information held

 

[3]http://library.college.police.uk/docs/ap...

 

Question 1

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at
s1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at s1(1)(b) is to disclose information
that has been confirmed as being held.  Where exemptions are relied upon
Section 17 of the FOIA requires that we provide the applicant with a
notice which: a) states that fact; b) specifies the exemptions in question
and c) state (if that would not otherwise be apparent) why the
exemption(s) applies.

 

Section 40 (2) Personal Information

Section 31 (1) Law Enforcement

 

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

 

Having reviewed your request for the names and email addresses the
information you have requested may directly or indirectly identify an
individual, the individuals involved may or may not have left the
organisation or retired since. Therefore, this is 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.

 

Section 31(1)(a)(b)&(c) Law Enforcement – a) Prevention/detection of crime
b) Apprehension or prosecution of offenders c) Administration of Justice

 

This exemption is a prejudice based qualified exemption as such there is a
requirement to articulate the harm that would be caused in supplying the
information held as well as considering the public interest.

 

Harm in providing the Information held

To provide some of the content within the email other than the names
(exempt as above) could potentially reveal tactical information which
could prejudice policing capabilities and activities.

Intelligence led policing is an essential part of day to day policing
overall.  Disclosure of this information may prejudice police activities
and also has the potential to reveal tactical information.  This
information could be deemed valuable to criminals and disclosure under the
Freedom of Information Act 2000 is disclosure to the world at large and
not just to an individual. 

 

Public Safety is of paramount importance and the Police Service will not
disclose information which would jeopardise the prevention of crime and/or
the safety of individuals under any circumstances.

 

Public Interest Considerations

Section 31 – Law Enforcement

Factors favouring supplying information held

Suppling information relevant to this request would lead to a better
informed public which may encourage individuals to provide intelligence in
order to reduce crime.

 

Factors against supplying information held

Supplying this information could compromise law enforcement tactics which
would lead to a hindrance on the Police Force's ability to prevent and
detect crimes and apprehension of offenders.  Vulnerable areas could be
identified by disclosure leading to more criminal activity placing the
public in harm's way.  If information is released this may impact police
resources e.g. vulnerable areas may need to increase their resources to
reassure the public and protect the surrounding community.

 

Balancing Test    

The points above highlight the merits of supplying the requested
information. The Police Service is charged with enforcing the law,
preventing and detecting crime and protecting the communities we serve. 
As part of that policing purpose, information is gathered which can be
highly sensitive relating to high profile investigative activity.   

 

Weakening the mechanisms used to monitor any type of criminal activity,
would place the security of the country at an increased level of danger. 

In addition anything that places the public’s confidence  in the police
service at risk, no matter how generic, would be likely to undermine any
trust or confidence individuals have in the Police Service. 

 

Therefore, at this moment in time, it is our opinion that for these issues
the balance test favours not supplying the information referred to in the
attached email.

 

Please note: due to the significant amount and regularity of your requests
to numerous forces around misconduct, therefore future requests under the
Freedom of Information Act may be deemed to be burdensome on the
Constabulary and may be refused on the grounds of Vexatious Section 14 of
the Freedom of Information Act 2000. 

 

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

 

 

 

Sarah Davies – Information Officer

Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services

Information Compliance | Cheshire Constabulary | Clemonds Hey | Oakmere
Road | Winsford | Cheshire | CW7 2UA

Phone: 01606 366556| Visit [4]www.cheshire.police.uk |
[5]www.cheshirefire.gov.uk | Follow [6]@cheshirepolice and @CheshireFire
on Twitter | Like [7]Cheshire Police and Cheshire Fire and Rescue Service
on Facebook

 

[8]cid:image001.png@01D336C2.D0FEEF40

 

 

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.independent.co.uk/news/uk/cr...
2. https://www.cheshire.police.uk/news-and-...
3. http://library.college.police.uk/docs/ap...
4. http://www.cheshire.police.uk/
5. http://www.cheshirefire.gov.uk/
6. http://www.twitter.com/cheshirepolice
7. http://www.facebook.com/cheshirepolice

Dear Cheshire Constabulary,

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 'Police Constable Ian Naude'.

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

Yours faithfully,

Edward Williams

Freedom of Information, Cheshire Constabulary

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.

Requests, Cheshire Constabulary

1 Atodiad

Dear Mr Williams,

 

I write in response to your email dated 11 December 2018, requesting an
independent review of the decision made in relation to your request for
information under the Freedom of Information Act 2000.

 

Therefore 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 of 17 November 2018
was:

 

BACKGROUND

 

According to this article in the online Independent:

 

[1]https://www.independent.co.uk/news/uk/cr...

 

"The court heard that after the rape was reported on 3 November, Naude was
accidentally copied into a police email revealing the plan to arrest him.
When his phone was seized 756 images had been deleted from it."

 

REQUEST

 

1.Provide the email 'accidentally' copied to police constable Naude.

 

(Note: I am happy for you to redact the email addresses of all the
recipients except police constable Naude. The email address of the sender
of the email should not be redacted as this is not personal data but
professional data and it is fair for the public to know the name of the
sender).

 

2.Provide any PSD/IOPC reports into the sending of the email and into
police constables Naude's actions.

 

3.Provide the recruitment vetting procedure that PC Naude was subject to.

 

4. Provide the current vetting procedure.

 

5.How much have you paid the victim(s) in money damages and legal costs,
and your own legal costs? Please set out how much any insurance policy
will pay separately.

 

The Constabulary’s response (11 December 2018):

 

1.         Please see the attached FOI 10730 EMAIL document and the below
exemptions;

2.         There is no information held

3.         Please see the attached ACPO National Vetting Policy document
that was a national document.  In addition please see the following link
to assist you with your enquiry;
https://www.cheshire.police.uk/news-and-...

4.         Cheshire Constabulary follows the new NPCC Vetting Code of
Practice which is already available to you by other means and is therefore
exempt in accordance with Section 21 of the Freedom of Information Act
2000.  Please see the following link to assist you;  In addition please
see the Local Policy Note for Cheshire Police attached. 

5.         There is no information held

 

[2]http://library.college.police.uk/docs/ap...

 

Question 1

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at
s1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at s1(1)(b) is to disclose information
that has been confirmed as being held.  Where exemptions are relied upon
Section 17 of the FOIA requires that we provide the applicant with a
notice which: a) states that fact; b) specifies the exemptions in question
and c) state (if that would not otherwise be apparent) why the
exemption(s) applies.

 

Section 40 (2) Personal Information

Section 31 (1) Law Enforcement

 

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

 

Having reviewed your request for the names and email addresses the
information you have requested may directly or indirectly identify an
individual, the individuals involved may or may not have left the
organisation or retired since. Therefore, this is 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.

 

Section 31(1)(a)(b)&(c) Law Enforcement – a) Prevention/detection of crime
b) Apprehension or prosecution of offenders c) Administration of Justice

 

This exemption is a prejudice based qualified exemption as such there is a
requirement to articulate the harm that would be caused in supplying the
information held as well as considering the public interest.

 

Harm in providing the Information held

To provide some of the content within the email other than the names
(exempt as above) could potentially reveal tactical information which
could prejudice policing capabilities and activities.

Intelligence led policing is an essential part of day to day policing
overall.  Disclosure of this information may prejudice police activities
and also has the potential to reveal tactical information.  This
information could be deemed valuable to criminals and disclosure under the
Freedom of Information Act 2000 is disclosure to the world at large and
not just to an individual. 

 

Public Safety is of paramount importance and the Police Service will not
disclose information which would jeopardise the prevention of crime and/or
the safety of individuals under any circumstances.

 

Public Interest Considerations

Section 31 – Law Enforcement

Factors favouring supplying information held

Suppling information relevant to this request would lead to a better
informed public which may encourage individuals to provide intelligence in
order to reduce crime.

 

Factors against supplying information held

Supplying this information could compromise law enforcement tactics which
would lead to a hindrance on the Police Force's ability to prevent and
detect crimes and apprehension of offenders.  Vulnerable areas could be
identified by disclosure leading to more criminal activity placing the
public in harm's way.  If information is released this may impact police
resources e.g. vulnerable areas may need to increase their resources to
reassure the public and protect the surrounding community.

 

Balancing Test    

The points above highlight the merits of supplying the requested
information. The Police Service is charged with enforcing the law,
preventing and detecting crime and protecting the communities we serve. 
As part of that policing purpose, information is gathered which can be
highly sensitive relating to high profile investigative activity.   

 

Weakening the mechanisms used to monitor any type of criminal activity,
would place the security of the country at an increased level of danger. 

In addition anything that places the public’s confidence  in the police
service at risk, no matter how generic, would be likely to undermine any
trust or confidence individuals have in the Police Service. 

 

Therefore, at this moment in time, it is our opinion that for these issues
the balance test favours not supplying the information referred to in the
attached email.

 

Please note: due to the significant amount and regularity of your requests
to numerous forces around misconduct, therefore future requests under the
Freedom of Information Act may be deemed to be burdensome on the
Constabulary and may be refused on the grounds of Vexatious Section 14 of
the Freedom of Information Act 2000.

 

Your appeal (11 December 2018):

 

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 'Police Constable Ian Naude'.

 

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

 

The Constabulary’s response to your appeal (9 January 2019)

In accordance with section 1(1) (a) of the Act, our response is as
follows:

The appeal process is to review the original request and the process
undertaken to achieve the disclosure. With regards to this process I can
confirm that I have reviewed your original request, the initial response
sent to you and your subsequent appeal. Having done this I find the
response you have received to be correct and therefore uphold the original
decision not to disclose some of the information relevant to your request.

 

In replying to your initial request the Constabulary has undertaken an
assessment of the likelihood of harm that releasing this information could
cause. This assessment concluded that some of the information, if
released, would be likely to;

 

·         identify third party personal data which would be likely to
cause harm.

·         reveal tactical information which could prejudice policing
capabilities and activities.

 

Explanations for the reason for this together with the references to the
relevant exemptions were provided within our initial response. I have
reviewed the rationale used in applying these exemptions and concur. I
also note that as part of the Constabulary’s initial response, you were
provided with the majority of the information you requested with only a
relatively small amount of information considered exempt from disclose.
The Constabulary also provided you with links to further information which
may assist you in your research.

 

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.

Under the Freedom of Information Act 2000, you have further recourse for
appeal, if required, to 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

 

If I can be of any further assistance in this matter, please do not
hesitate to contact me.

 

Regards

 

 

Stuart Basford – Information Officer

Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services

Information Compliance | Cheshire Constabulary | Clemonds Hey | Oakmere
Road | Winsford | Cheshire | CW7 2UA

Phone: 01606 365585 | Visit [4]www.cheshire.police.uk |
[5]www.cheshirefire.gov.uk | Follow [6]@cheshirepolice and @CheshireFire
on Twitter | Like [7]Cheshire Police and Cheshire Fire and Rescue Service
on Facebook

 

[8]cid:image001.png@01D336C2.D0FEEF40

 

 

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.independent.co.uk/news/uk/cr...
2. http://library.college.police.uk/docs/ap...
3. https://www.whatdotheyknow.com/request/p...
4. http://www.cheshire.police.uk/
5. http://www.cheshirefire.gov.uk/
6. http://www.twitter.com/cheshirepolice
7. http://www.facebook.com/cheshirepolice