Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywMatthew Thompson mewngofnodwch a gadael i bawb wybod.

Use of Juveniles as Covert Human Intelligence Sources

Matthew Thompson made this Rhyddid Gwybodaeth request to Derbyshire Constabulary

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

We're waiting for Matthew Thompson to read a recent response and update the status.

Matthew Thompson

Dear Derbyshire Constabulary,

I would like to make the following request under the terms of the Freedom of Information Act, 2000.

Since at least 2000, the Government has authorised the use of juveniles as Covert Human Intelligence Sources (CHIS), under the Regulation of Investigatory Powers Act 2000.

I would like to know how many juvenile CHIS have been used by your force since 2000, if possible disaggregated by age range of child (under 16, and 16 and over), type of crime, and year.

I recognise that data about CHIS operations could potentially allow criminals to determine (or cause them to suspect) that a child has acted against them, posing a risk to children. Therefore if more specific details must be withheld, I would be satisfied with simply knowing how many juvenile CHIS have been used since 2000.

Yours faithfully,

Matthew Thompson

Freedom of Information Office, Derbyshire Constabulary

Dear Mr Thompson,

 

FREEDOM OF INFORMATION REQUEST

 

I write in connection with your request for information as shown below.

 

Since at least 2000, the Government has authorised the use of juveniles as
Covert Human Intelligence Sources (CHIS), under the Regulation of
Investigatory Powers Act 2000.

 

I would like to know how many juvenile CHIS have been used by your force
since 2000, if possible disaggregated by age range of child (under 16, and
16 and over), type of crime, and year.

 

I recognise that data about CHIS operations could potentially allow
criminals to determine (or cause them to suspect) that a child has acted
against them, posing a risk to children. Therefore if more specific
details must be withheld, I would be satisfied with simply knowing how
many juvenile CHIS have been used since 2000.

 

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You should expect to receive a response
within the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference to a
third party. In some circumstances Derbyshire Constabulary may be unable
to achieve this deadline. If this is likely you will be informed and given
a revised timescale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make payment then your request will remain
unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

Should you have any further enquiries concerning this matter, please write
or contact the Freedom of Information Officer, on the telephone number
below quoting the reference number shown in the header of this e-mail.

 

Yours sincerely,

 

Melissa Cox

Disclosure Assistant

Freedom of Information Unit

Information Management Section

Business Futures Department

Derbyshire Constabulary

Butterley Hall, Ripley, Derbyshire, DE5 3RS

Tel: 0300 122 8752

Email: [1][email address]

Web: [2]http://www.derbyshire.police.uk

 

 

 

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References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
3. http://www.derbyshire.police.uk/

Freedom of Information Office, Derbyshire Constabulary

2 Atodiad

Mr Thompson

 

Thank you for making a Freedom of Information request to the Derbyshire
Constabulary.

 

Please find attached our response.

 

Yours sincerely

 

 

Kevin Lea

Freedom of Information Officer

Business Futures, Derbyshire Constabulary, Police Headquarters, Butterley
Hall, Ripley, Derbyshire.  DE5 3RS

Tel: 101   Direct Dial: 0300 122 5487 

Email: [1][email address]

Web: [2]http://www.derbyshire.police.uk

dangos adrannau a ddyfynnir

Matthew Thompson

Dear Derbyshire Constabulary,

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

I am writing to request an internal review of Derbyshire Constabulary's handling of my FOI request 'Use of Juveniles as Covert Human Intelligence Sources'.

I do not see how my simple request for the numbers of children involved since 2000 is able to be withheld under the exemptions you cite.

You cite the following sections as reasons for not responding to my request:
Section 23(5) Information supplied by, or concerning, certain Security Bodies;
Section 24(2) National Security
Section 30(3) Investigations by virtue of Section 30(2)
Section 31(3) Law Enforcement
Section 38(2) Health and Safety
Section 40(5) Personal Information

If I might take them by turn.

Section 23 applies to information supplied by or relating to security bodies. If I were requesting details of the individuals concerned this might apply. As I am asking merely for a headcount, this will be information held by your police force and not supplied by the security bodies. I also feel that the "relates to" exemption in this case does not apply, as the connection is too remote.

Sections 23 and 24 are mutually exclusive, and so cannot both apply to the same information. As I think 23 doesn't apply, I also suggest that 24 doesn't either. For Section 24 to apply there must be a real possibility that disclosure would undermine national security. This is manifestly not the case. I simply want numbers. Nothing more.

Section 30, as you will know, must be subject to a public interest test. It is my strong view that the use of children as spies may breach the Human Rights Act and the UN Convention on the Rights of the Child. As such there is a strong public interest in disclosure. There would be no harm in releasing to me a simple number, over a period of 18 years. I will discuss this in further detail below.

Section 31. I simply do not see how the disclosure of a simple number would have any prejudicial impact on any of the areas listed in this Section. Again I repeat, I am asking not for detailed information on dates, or any personal information. As detailed in my request, I am asking for a simple minimum, of a number of children used over a period of 18 years. It is not at all clear to me how the disclosure of that number will have any negative impact, other than from a PR standpoint, which is not what the exemptions exist for.

Section 38 does not apply in my view for much the same reason. Asking for a number that could relate to any investigation over a period of nearly two decades would not endanger any individual. It is far too broad a period of time, and too limited in detail to identify any individual. Again, as it is a qualified exemption, I believe the public interest in disclosure is much greater than the negligible risk to an individual.

Finally, Section 40. I cannot see any reasonable definition whereby the disclosure of a headcount constitutes personal information. I believe this has been misapplied.

In light of all of the above, I would ask you to reconsider, and please disclose to me the number of children used as CHIS from the year 2000 to the present.

Yours faithfully,

Matthew Thompson

Freedom of Information Office, Derbyshire Constabulary

Dear Mr Thompson,

 

I acknowledge receipt of your email of 28^th September 2018 requesting
that Derbyshire Constabulary review its response to your request.

 

The review will be conducted in accordance to Derbyshire Constabulary’s
review procedure and every effort will be made to have a response to you
by 25^th October 2018, however, if it becomes clear that the review will
not be completed by this date you will be contacted.

 

If you wish to discuss this matter prior to Derbyshire Constabulary’s
response please contact me.

 

Kind Regards,

 

Tara Swainson-Jenkins

Disclosure Assistant

Freedom of Information Unit 

Information Management Department

Derbyshire Constabulary, Butterley Hall, Ripley, Derbyshire DE5 3RS

Tel: 0300 122 8752 (Internal 17394)

Email: [1][email address]

Website: [2]www.derbyshire.police.uk

 

 

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.

 

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [3]http://www.derbyshire.police.uk

 

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

 

 

References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
3. http://www.derbyshire.police.uk/

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywMatthew Thompson mewngofnodwch a gadael i bawb wybod.