Press Department - Ched Evans

Roedd y cais yn rhannol lwyddiannus.

Dear North Wales Police,

Copies of all emails between North Wales' Press Department and members of media both local & national to include print broadcasting and in particular but not confined to online journalist .

Yours faithfully,

Andrew Reeves

Freedom of Information Team,

Thank you for emailing North Wales Police Freedom of Information (FOI)
Unit. This is an automatic acknowledgement to tell you we have received
your email safely. Please do not reply to this email.

 

·          We will respond to all FOI requests as soon as practicable, or
at the latest within 20 working days.

 

·          Any emails received which have been sent to the FOI Unit in
error will be forwarded to the appropriate department, who will respond to
you directly.

 

If you have any questions regarding your request, please contact a Member
of the FOI Unit on direct dial:

 

01492 805430

01492 805352

01745 539445

 

Diolch am anfon ebost i Uned Rhyddid Gwybodaeth (RhG) Heddlu Gogledd
Cymru. Cydnabyddiaeth awtomatig yw hwn i'ch hysbysu ein bod wedi derbyn
eich e-bost. Peidiwch ag ateb yr ebost hwn.

 

·          Byddwn yn ymateb i bob cais RhG cyn gynted a phosib, neu ar yr
hwyraf o fewn 20 diwrnod gwaith.

 

·          Bydd unrhyw negeseuon ebost y byddwn yn eu cael sydd wedi'u
hanfon i'r Uned RhG mewn camgymeriad yn cael eu hanfon ymlaen i'r adran
berthnasol a bydd yr adran honno yn ymateb yn uniongyrchol i chi.

 

Os oes gennyth unrhyw gwestiwn am eich cais, mae croeso i chi gysylltu ag
Aelod o'r Uned RhG yn uniongyrchol ar:

 

01492 805430

01492 805352

01745 539445

 

Freedom of Information Team,

1 Atodiad

Dear Mr Reeves, 

 

Enquiry Ref: 2013/622

I acknowledge receipt of your email received on 07/10/2013 requesting the
following information;

 

Copies of all emails between North Wales' Press Department and members of
media both local & national  to include print broadcasting and in
particular but not confined to online journalist .

 

Please would you clarify if you require emails regarding a particular
topic, or all ‘emails between North Wales' Press Department and members of
media both local & national to include print broadcasting and in
particular but not confined to online journalist’.

 

To enable us to respond to your request please provide the details
requested above or alternatively indicate how we may otherwise assist you.

 

Unfortunately we are unable to research your request until we have
received this information and the clock will be stopped pending receipt of
your response.
If you would like to discuss this matter please do not hesitate to contact
me.

Yours sincerely,

 

p.p. Jeff Cody

Ymchwilydd Rhyddid Gwybodaeth/Freedom of Information Researcher

Uned Rhyddid Gwybodaeth a’r Cynllun Cyhoeddi/ Freedom of Information and
Publication Scheme Unit                         

Prif Swyddog Gwybodaeth/ Chief Information Officer

Gwasanaethau Corfforaethol/Corporate Services

Ffôn /Phone 01492 805352

Est/ Ext 05352

E.bost/ E.mail [1][email address]

[2]Description: Description: 1 NWP Strapline Logo Colour (B)

 

 

 

 

References

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1. mailto:[email address]

Dear Freedom of Information Team,

I do apologise, all emails that make reference to Ched Evans, in particular but not confined to emails that were sent before to the trail to online journalist .

Yours sincerely,

Andrew Reeves

Dear Freedom of Information Team,

I hope you received my clarification note - it's emails that make reference to the Ched Evans case.

Yours sincerely,

Andrew Reeves

Freedom of Information Team,

Dear Mr Reeves,

I can confirm receipt of your clarification email on 07/10/2013.

As set out by the Freedom of Information Act, it will be our aim to respond to your request by 04/11/2013.

Kind Regards,

Megan Borland

Megan L.Borland
Ymchwilydd Rhyddid Gwybodaeth/Freedom of Information Researcher
Uned Rhyddid Gwybodaeth a’r Cynllun Cyhoeddi/ Freedom of Information and Publication Scheme Unit                         
Prif Swyddog Gwybodaeth/ Chief Information Officer
Gwasanaethau Corfforaethol/Corporate Services
Ffôn /Phone 01745 539445
Est/ Ext 39445
E.bost/ E.mail Megan[email address]

dangos adrannau a ddyfynnir

Freedom of Information Team,

3 Atodiad

Dear Mr Reeves,

 

In response to your recent request for information, please find attached
our reply.

 

I have also attached a copy of our review procedure should you not be
happy with our response.

 

Regards,

 

Megan L.Borland

Ymchwilydd Rhyddid Gwybodaeth/Freedom of Information Researcher

Uned Rhyddid Gwybodaeth a’r Cynllun Cyhoeddi/ Freedom of Information and
Publication Scheme Unit                         

Prif Swyddog Gwybodaeth/ Chief Information Officer

Gwasanaethau Corfforaethol/Corporate Services

Ffôn /Phone 01745 539445

Est/ Ext 39445

E.bost/ E.mail [1][email address]

[2]1 NWP Strapline Logo Colour (B)

Oeddech chi’n gwybod bod modd i chi gael mynediad i wybodaeth am Heddlu
Gogledd Cymru drwy Gynllun Cyhoeddi a Log Datgeliadau Heddlu Gogledd
Cymru?  Mae’r ddau ar gael drwy’r dolenni cyswllt isod:

 

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

 

[3]http://www.north-wales.police.uk/about_u...

 

[4]http://www.north-wales.police.uk/about_u...

 

 

References

Visible links
1. mailto:[email address]
3. http://www.north-wales.police.uk/about_u...
4. http://www.north-wales.police.uk/about_u...

Dear North Wales Police,

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

I am writing to request an internal review of North Wales Police's handling of my FOI request 'Press Department - Ched Evans'.

The reason you give is spurious .

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,

Andrew Reeves

Freedom of Information Team,

Dear Mr Reeves,

Please would you clarify what you require a review on?

Your request was received on 7th October 2013, and a response was given (containing all information held by North Wales Police in relation to this request) on 14th October 2013, 15 days before the 20 day deadline.

This response did have some information redacted out, but this is because the information requested contained information which constitutes personal data of which you are not the subject (names etc.) and the information falls within paragraphs (a) to (d) of the definition of ‘data’ in Section 1(1) of the Data protection Act 1998 and disclosure of the information to a member of the public otherwise than under this act would contravene data protection principles.

The data protection rights of a third party would be breached by disclosure, therefore section 40(2) is an absolute exemption and a Public Interest Test is not necessary. This is so because personal data is governed by another law (The Data Protection Act 1998) and there are two elements to this exemption.

All requests made under FOIA are applicant blind. A request must be treated as such and a public authority will always view any disclosure as into the public domain. Thus North Wales Police must be satisfied that any release of information will be potentially available to the general public. It is therefore on this basis that the following is relevant.

The first element of this exemption is engaged if the information requested constitutes personal data and is made by the data subject. The information will be covered by section 40(1) and the request will be dealt with under section 7 of the Data Protection Act, rights of access.

The second element of this exemption is engaged if the personal data is about someone other than the applicant. Where someone makes an application for information other than the data subject, disclosure of that information will often constitute a breach of the Data Protection Act covered by section 40(2).
Personal data is regulated under the principles of the Data Protection Act and when information contains personal data about a third party it can only be refused if disclosure would breach any of the data protection principles.

As previously highlighted, any disclosure under the FOIA is a public disclosure and release of the identity of an individual would breach principles 1 & 2 of the Data protection Act 1998.

These principles require personal data to be: 1) processed (defined to include ‘obtain’) fairly and lawfully and 2) obtained only for specified and lawful purposes and not processed incompatibly with the specified purposes.

‘Data subjects’ are provided with certain legal enforceable rights under the Data Protection Act 1988. The fact that the information is held for lawful policing purposes, disclosing it onwards would breach the principles, and would be incompatible with the data subject’s right that their data is held securely. By disclosing this information, the force could be subject to enforcement proceedings under the act if it breaches any of those principles.

Therefore, please would you further advise what aspect of your request response you would like a review on?

Kind Regards,

Megan L.Borland
Ymchwilydd Rhyddid Gwybodaeth/Freedom of Information Researcher
Uned Rhyddid Gwybodaeth a’r Cynllun Cyhoeddi/ Freedom of Information and Publication Scheme Unit                         
Prif Swyddog Gwybodaeth/ Chief Information Officer
Gwasanaethau Corfforaethol/Corporate Services
Ffôn /Phone 01745 539445
Est/ Ext 39445
E.bost/ E.mail Megan[email address]

dangos adrannau a ddyfynnir

Dear Freedom of Information Team,

My interpretation of the law, is not consistent with your position.

It's necessary to request an internal review of your decision before asking the Office of Information Commissioner to intervene.

I believe, your response is both spurious and further more incorrect in law and I am seeking an internal review in that bases .

Yours sincerely,

Andrew Reeves

Dear Freedom of Information Team,

Furthermore, I believe your sending me correspondence full of legal hyperbole which you cut and paste to all enquiries, in the hope of discouraging further discourse.

Part of your correspondence, makes reference to 'redacted' information please explain how this relevant to the position we mutually find ourselves in at the moment as you've not provided me with an documentation that contains 'redacted' information?

I trust the information commissioner will take a dim view of such practice .

Yours sincerely,

Andrew Reeves

Dean, Sharon, North Wales Police

4 Atodiad

Dear Mr Reeves,

 

Having read your  emails forwarded to the FOI Unit yesterday and
considered the issues raised by you I have copied below  the redacted
information that was included with your response   and would ask you to
confirm if the  review you have requested is based on the use of Section
40 ref the below  information that has been disclosed in your 4 page
response.

 

I can confirm that  you can direct a complaint to the Information
Commissioner who will consider it following a review being carried out by
North Wales  Police. I attach a further copy of the  review process for
your information.   

 

Information released in the  response 2013/622 – Ched Evans

 

From: XXX
Sent: 24 April 2013 11:51
To: XXX
Subject: FW: Twitter naming of Ched Evans rape victim

 

Supt Steve Williams said; “We are aware of individuals naming the victim
of this rape on twitter. We would warn people that it is a criminal
offence under Section 5 of the Sexual Offences Amendments Act, to do so.

"We are reviewing the evidence and our actions will be considered in the
light of recent guidance from the Director of Public Prosecutions."

 

Ends

 

 

From: XXX
Sent: 22 April 2013 15:28
To: [email address]
Subject: Comment from NWP

 

Hi XXX,
Please find a comment from Superintendent Steve Williams of North Wales
Police.

As discussed, if you could please use the below in place of the earlier
statement given, I'd be grateful.

Kind regards,

XXX

 

Supt Steve Williams said: "Ched Evans was found guilty of rape by a jury
and the conviction upheld by the Court of Appeal. We should not forget
that there is a victim in this case and advise individuals that they may
be committing offences under the Sexual Offences Act should they disclose
her identity."

 

 

From: XXX
Sent: 12 December 2012 12:45
To: [email address]
Subject: Re Ched Evans victim

 

Fao XXX

 

DCI Steve Williams said: “The victim in this case has undergone a
traumatic experience, not only the rape but the subsequent naming of her
on social media sites. In order to bring her life back to some normality
she has been offered a support package and has moved away from the area."

Ends

 

 

03/08/2012

 

Great – many thanks

 

XXX

 

 

From: Appleton, Sue XXX
Sent: 03 August 2012 10:25
To: XXX
Subject: RE: Ched Evans Twitter charges?

 

Hi XXX,

Still haven't been able to speak to XXX, sorry, but I think he's in today
so will try later.

The situation with the social media case remains the same, they're bailed
till September. Not aware that any charges are imminent, but I'll keep you
posted.

Kind regards,

Sue

 

 

 

From: XXX[mailto:[email address]]
Sent: 02 August 2012 09:44
To: Appleton, Sue
Subject: Ched Evans Twitter charges?

 

Good morning Sue –

 

I wonder if you could make enquiries to see if your force is about to
charge individuals for disclosing the name of the victim in Ched Evans’s
rape trial on Twitter?

A colleague of mine spoke to someone in the CPS the other day, and was
told that charges might be imminent – he talked of 19 individuals being
questioned originally – could you check?

 

Could you chase this for me please and let me know what the situation is
regarding these suspects?

 

Many thanks for your help

 

XXX

 

BBC Wales

 

 

From: XXX
Sent: 27 April 2012 10:06
To: XXX
Subject: FW: Tweeting arrests update

 

From: XXX
Sent: 27 April 2012 09:51
To: [email address]'; '[email address]'; '[email address]';
'[email address]'; '[email address]'; '[email address]';
'[email address]'; [email address]';
'[email address]'; [email address]';
[email address]'; [email address]'; [email address]';
[email address]'; '[email address]'; [email address]'; '[email address]'

 

Tweeting arrests update

 

North Wales Police have confirmed that the three individuals arrested as
part of their investigation into the social media site naming of the
victim in the Ched Evans rape case have been released on bail.

 

All three have been bailed following questioning at Sheffield Police
Station to return to a Police station in North Wales in the near future. 
They have been bailed to allow Police to conduct further enquiries and to
consult with the Crown Prosecution Service.

 

DCI Steve Williams leading the investigation added.  “Further arrests are
planned and will be made in the forthcoming days”

 

 

From: XXX
Sent: 23 April 2012 09:05
To: [email address]'
Subject: FW: Ched Evans rape conviction and subsequent social media
comment

 

XXX, regarding your request this is what NWP have put out to date.

 

If there are any further statements released today I will copy you in.  I
have asked the question re your 1030 slot.  I’ll await an answer.

 

Regards, XXX

 

''North Wales Police are aware of reports of comments on social media
sites and are collating all relevant information''.

 

 

Should you wish to discuss the above please contact me on the  below
number.

 

Regards

 

 

Sharon Dean

 

Rheolwr yr Uned Rhyddid Gwybodaeth/Freedom of Information Unit Manager

Prif Swyddog Gwybodaeth/Chief Information Officer (CIO)

Gwasanaethu Corfforaethol/Corporate Services

Est/ Ext: 05433 (01492 805433)

Symudo/ [mobile number]

E-bost/ E-mail: [1][email address]

[2]Description: 1 NWP Strapline Logo Colour (B)

 

 

 

dangos adrannau a ddyfynnir

Dear Dean, Sharon,
Are we to believe that the entire number of emails between North Wales Police & members of the press mentioning the name Ched Evans is around 10 & that they are listed below ?

I wish the internal review to look into this & whether the emails below are in fact genuine. They strike me , as being too well constructed to be informal exchanges . This of course , will be a matter for the internal review & ultimately the Information Commissioner .

Yours sincerely,

Andrew Reeves

Freedom of Information Team,

2 Atodiad

Dear Mr Reeves,

Enquiry Ref: 2013/622 Review

I acknowledge receipt of your review request, received in the Freedom of
Information Unit on 14/10/2013. It will be our aim to respond to your
request by 11/11/2013.

If you have any further questions or queries, please contact me.

Yours sincerely,

 

p.p. Ceri Hollingworth

Ymchwilydd Rhyddid Gwybodaeth/Freedom of Information Researcher

Uned Rhyddid Gwybodaeth a’r Cynllun Cyhoeddi/ Freedom of Information and
Publication Scheme Unit                         

Prif Swyddog Gwybodaeth/ Chief Information Officer

Gwasanaethau Corfforaethol/Corporate Services

Ffôn /Phone: 01492 805430 

Est/ Ext: 05430

E-bost/ E-mail [1][email address]

 

[2]cid:image001.gif@01CBF473.69A839C0[3]DwiYNDYSGU25x15

 

 

References

Visible links
1. mailto:[email address]

Dear Freedom of Information Team,

Can you also bring this matter to the attention of Winstone Roddick QC , as I believe there has been a deliberate attempt to mislead .

Yours sincerely,

Andrew Reeves

Freedom of Information Team,

5 Atodiad

Dear Mr Reeves,

 

In response to your recent request for a review, please find attached our
reply.

 

Although your original response has undergone the review procedure within
North Wales Police, you do have the right to contact the Information
Commissioner.

 

I have attached a copy of our review procedure should you not be happy
with our response.

 

Regards,

 

Ceri Hollingworth

Ymchwilydd Rhyddid Gwybodaeth/Freedom of Information Researcher

Uned Rhyddid Gwybodaeth a’r Cynllun Cyhoeddi/ Freedom of Information and
Publication Scheme Unit                         

Prif Swyddog Gwybodaeth/ Chief Information Officer

Gwasanaethau Corfforaethol/Corporate Services

Ffôn /Phone: 01492 805430 

Est/ Ext: 05430

E-bost/ E-mail [1][email address]

 

[2]cid:image001.gif@01CBF473.69A839C0[3]DwiYNDYSGU25x15

 

 

References

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1. mailto:[email address]

Gadawodd Ganesh Sittampalam anodiad ()

As a significant amount of information has been released, however much may remain, we have updated the status of this request to "Partially successful".

Ganesh - WhatDoTheyKnow volunteer

Gadawodd Maureen Hughes anodiad ()

Thanks Gannesh that's the right thing to do .