Providing personal Information under Covid Guidlines/Regulation/Restrictions

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Essex Police fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Essex Police,

Under Freedom of Information can you please Enlighten me to the following.

? Where it states that covid guidlines/regulations or restrictions have the force
of law or legislation.

Where Public have to give out their personal details to be issued fines
under covid regulations or fear Arrest for obstruction if they do not?
As there is no mention of having to supply any personal Information in
legislation by case law(Rice v Connely 1966), Neither in common law.

Primary police role is to uphold the Queens peace and enforce law/legislation.
where the Queens peace has not been breached as the difinitions
in the Breach of this peace is not reached by the definitions of Covid
guidlines/regulations or restrictions.
Therefor how can something be enforced by you,that is not in law or legislation.

Yours faithfully,

Barry Smith

Info Rights Freedom Essex, Essex Police

1 Atodiad

Thank you for your enquiry which has been logged under the above
reference. 

 

Please note that Essex Police are actively publishing information within
our publication scheme webpage, information supplied as part of this
request could be used within the scheme.  Please click on the following
link to search details of existing publications
[1]https://www.essex.police.uk/foi-ai/af/ac....

 

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part.  The exemption at Section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[2]www.ico.gov.uk, specific information relating to submitting a request
can be found at: 
[3]https://ico.org.uk/for-the-public/offici...

 

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request.  Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Please ensure all future enquiries are sent to the
[4][Essex Police request email] mailbox.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [5][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[6]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[7]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [8]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [9]https://ico.org.uk/

 

 

dangos adrannau a ddyfynnir

Info Rights Freedom Essex, Essex Police

2 Atodiad

Link: [1]File-List
Link: [2]Edit-Time-Data

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) 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) states (if that would not otherwise be apparent) why the
exemption applies.

 

In respect of your enquiry:

 

Under Freedom of Information can you please Enlighten me to the following.

 

1.  Where it states that covid guidlines/regulations or restrictions have
the force of law or legislation.

 

2.  Where Public have to give out their personal details to be issued
fines under covid regulations or fear Arrest for obstruction if they do
not?

 

As there is no mention of having to supply any personal Information in
legislation by case law(Rice v Connely 1966), Neither in common law.

 

Primary police role is to uphold the Queens peace and enforce
law/legislation.

 

where the Queens peace has not been breached as the difinitions in the
Breach of this peace is not reached by the definitions of Covid
guidlines/regulations or restrictions.

 

Therefor how can something be enforced by you,that is not in law or
legislation.

 

We have numbered the above request for ease of reference.

 

In relation to Question 1, having completed enquiries within Essex Police
in respect of Section 1(1)(a), Essex Police does hold information relating
to your request, however, Essex Police are not obliged to provide
information if the information held is already published or intended for
future publication.  Therefore, and in accordance with Section 17(1) of
the FOIA, this communication must act as a refusal notice to provide all
of the information that could be interpreted as being captured by your
request on the basis that the exemption given at Section 21(1) of the FOIA
applies (Information accessible by other means).

 

The legislation: 

 

Section 21 Information accessible to applicant by other means

 

(1) Information which is reasonably accessible to the applicant otherwise
than under Section 1 is exempt information.

 

(2) For the purposes of subsection (1)—

 

(a) information may be reasonably accessible to the applicant even though
it is accessible only on payment, and

 

(b) information is to be taken to be reasonably accessible to the
applicant if it is information which the public authority or any other
person is obliged by or under any enactment to communicate (otherwise than
by making the information available for inspection) to members of the
public on request, whether free of charge or on payment.

 

(3) For the purposes of subsection (1), information which is held by a
public authority and does not fall within subsection (2)(b) is not to be
regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority’s publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.

 

Section 21 of the Act (Information Reasonably Accessible by Other Means)
states that information is exempt information if it is reasonably
accessible to the applicant otherwise than under Section 1 of the FOIA. 
Section 21 is an absolute exemption and where information falls within the
scope of an absolute exemption, a public authority is not obliged to
communicate it to an applicant and is also not obliged to comply with the
duty to confirm or deny the existence of the information requested.

 

To provide some explanation and to meet our duty to assist under Section
16 of the FOIA, your request has been interpreted to be asking for the
actual legislation relating to the current Coronavirus Pandemic.  The
legislation.gov.uk publishes all Coronavirus legislation and contains all
up to date guidance in relation to restrictions in place. The legislation
can be found [3]here and the guidance [4]here.

 

In relation to Question 2, your question does not specify exactly what you
are requesting.  Could you kindly, therefore, advise exactly what you
require from Essex Police.

 

You may also find the below links to Reports and Press Releases by the
NPCC of interest:

 

[5]https://news.npcc.police.uk/releases/

 

[6]https://www.npcc.police.uk/FreedomofInfo...

 

[7]https://www.college.police.uk/What-we-do...

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [8][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[9]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[10]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [11]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [12]https://ico.org.uk/

 

 

 

From: Info Rights Freedom Essex <[Essex Police request email]>
Sent: 29 March 2021 11:45
To: Barry Smith <[FOI #741919 email]>
Subject: FOI 15531 COVID-19 Personal Information under Covid Regulations

 

Thank you for your enquiry which has been logged under the above
reference.

Please note that Essex Police are actively publishing information within
our publication scheme webpage, information supplied as part of this
request could be used within the scheme. Please click on the following
link to search details of existing publications
[13]https://www.essex.police.uk/foi-ai/af/ac....

Under the Freedom of Information Act we are required to reply within 20
working days. The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit. However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature.

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at Section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests. Further
information can be found on the Commissioner’s website at
[14]www.ico.gov.uk, specific information relating to submitting a request
can be found at:
[15]https://ico.org.uk/for-the-public/offici...

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable. We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

Please ensure all future enquiries are sent to the
[16][Essex Police request email] mailbox.

Kind regards

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [17][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA (for Sat Nav directions, use
CM2 6DN for HQ)

Information Management aspires to be: Helpful, Inclusive & Professional

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

Please visit this area of our website before submitting FOI requests as
information may already be available.

[18]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[19]https://www.ico.org.uk/for_the_public/of...

Your right to complain

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [20]info.rights.freedom@essex. police.uk

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [21]https://ico.org.uk/

dangos adrannau a ddyfynnir

Dear Info Rights Freedom Essex,
Thank you very much for your exemptions and Coronavirus legislation, I have looked through this legislation that you state but I am having a problem finding the case law that gives the coronavirus legislation the power that people have to give out their personal details, that beats the case law rice v Connolly 1966 that states public do not have to give out personal details to you.
So if you could be so kind as to forward this to me I would be most grateful.

Yours sincerely,

Barry Smith

Info Rights Freedom Essex, Essex Police

1 Atodiad

Link: [1]File-List
Link: [2]Edit-Time-Data

Good morning Barry

 

Apologies for the delay in responding to your query dated 10 May 2021.

 

We have reviewed our disclosure and would advise you of the following
additional information:

 

Section 24(5) of the Police and Criminal Evidence Act 1984 applies to
offences under the following regulations:

 

Regulation 6(5) of the Health Protection (Coronavirus, Wearing of Face
Coverings on Public Transport) (England) Regulations 2020

Regulation 13(6) of the Health Protection (Coronavirus, Restrictions)
(England) (No.3) Regulations 2020

Regulation 6(5) of the Health Protection (Coronavirus, Wearing of Face
Coverings in a Relevant Place) (England) Regulations 2020

Regulation 8(7) of the Health Protection (Coronavirus, Restrictions) (No.
2) (England) Regulations 2020

Regulation 6(5) of the Health Protection (Coronavirus, International
Travel) (England) Regulations 2020

Regulation 14(7) of the Health Protection (Coronavirus, International
Travel) (Wales) Regulations 2020

Regulation 17(5) of the Health Protection (Coronavirus, Collection of
Contact Details etc. and Related Requirements) Regulations 2020

Regulation 3(5) of the Health Protection (Coronavirus, Restrictions)
(Obligations of Hospitality Undertakings) (England) Regulations 2020

Regulation 18(5) of the Health Protection (Coronavirus Restrictions)
(Functions of Local Authorities etc.) (Wales) Regulations 2020

Regulation 11(6) of the Health Protection (Coronavirus, Restrictions)
(Self-Isolation) (England) Regulations 2020

Regulation 35(8) of the Health Protection (Coronavirus Restrictions) (No.
4) (Wales) Regulations 2020

Regulation 10(5) of the Health Protection (Coronavirus, Restrictions) (All
Tiers) (England) Regulations 2020

Regulation 6(5) of the Health Protection (Coronavirus, Restrictions)(Local
Authority Enforcement Powers and Amendment) (England) Regulations 2020

Regulation 19 of the Health Protection (Coronavirus, International Travel
and Operator Liability) (England) Regulations 2021.

 

Section 24 provides:

 

24(1) A constable may arrest without a warrant –

 

(a) anyone who is about to commit an offence;

(b) anyone who is in the act of committing an offence;

(c) anyone whom he has reasonable grounds for suspecting to be about to
commit an offence;

(d) anyone whom he has reasonable grounds for suspecting to be committing
an offence.

 

24(2) If a constable has reasonable grounds for suspecting that an offence
has been committed, he may arrest without a warrant anyone whom he has
reasonable grounds to suspect of being guilty of it.

 

24(3) If an offence has been committed, a constable may arrest without a
warrant –

 

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of
it.

 

24(4) But the power of summary arrest (see note (iii)) conferred by
subsection (1), (2) or (3) is exercisable only if the constable has
reasonable grounds for believing that for any of the reasons mentioned in
subsection (5) it is necessary to arrest the person in question.

 

24(5) The reasons are –

 

(a) to enable the name of the person in question to be ascertained (in the
case where the constable does not know, and cannot readily ascertain, the
person's name, or has reasonable grounds for doubting whether a name given
by the person as his name is his real name);

(b) correspondingly as regards the person's address;

(c) to prevent the person in question –

 

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

(iii) causing loss of or damage to property;

(iv) committing an offence against public decency (subject to subsection
(6)); or

(v) causing an unlawful obstruction of the highway;

 

(d) to protect a child or other vulnerable person from the person in
question;

(e) to allow the prompt and effective investigation of the offence or of
the conduct of the person in question;

(f) to prevent any prosecution for the offence from being hindered by the
disappearance of the person in question.

 

In relation to the Coronavirus legislation mentioned above this section
applies to offences under those regulations as if the reasons in
subsection (5) include:

 

(a) to maintain public health;

(b) to maintain public order.

 

24(6) Subsection (5)(c)(iv) applies only where members of the public going
about their normal business cannot reasonably be expected to avoid the
person in question.

 

Consequently, a failure to provide a name and address will justify the
arrest of an individual who is suspected of having committed an offence
under the Regulations.

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards

 

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [3][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[4]https://www.essex.police.uk/foi-ai/af/ac...

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests:
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [6]info.rights.freedom@essex. police.uk

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

dangos adrannau a ddyfynnir

Dear Info Rights Freedom Essex,

I thank you for your swift reply to my F.O.I supplying personal details under coronavirus Restrictions/Regulations/guidance.

You have stated PACE as your answer to my question but have failed to provide me with where it states I HAVE to give out my personal details.

PACE is ok for your police officers to Arrest for the purpose of finding out someone's details by way of putting them on the live scan, but nothing about HAVING to give their personal details out.

Rice v Connelly 1966 states that the public does NOT need to give their personal details out to the police or interact with them in any way and has not been amended by any other case law in any way shape or form to state that the public now has to give out their personal information when asked by a police person.

So Therefore I shall ask the question again.
Please can you provide me with information/details that STATES that I HAVE to give out my personal details to the police under Coronavirus Regulations/Restrictions/Guidelines/PACE or any other coronavirus legislative acts.

Yours sincerely,

Barry Smith