Freedom of Information Office
Information Disclosure Unit
Woodhill House, Westburn Road
Aberdeen
AB16 5AB
Our Ref: FOI/630/13/jm
Tel: 01224 305171
Your Ref:
Fax: 01224 305161
xxxxxxxxxxxx@xxxxxxxx.xxx.xxxxxx.xx
Date:
29 January 2013
www.grampian.police.uk
Donnie Mackenzie
By Email
Dear Mr Mackenzie,
FREEDOM OF INFORMATION REQUEST 630/13
I refer to your email of 28 December 2013, in which you requested information in
terms of the Freedom of Information (Scotland) Act 2002.
I have repeated your questions hereunder, for your ease of reference;
1. Please could you tell me if Grampian Police is involved in any joint agency
operations which include surveillance?
2. If so, could you please specify how many operations and how many staff
are committed to these for the date of my original request at the top (?
3. Could you also please specify the total number of people who were the
target of these operations for the same date?
I can advise that Section 16 of the Freedom of Information (Scotland) Act 2002
places two principal duties on Scottish public authorities when refusing to provide
information in response to a request under the Act.
The first duty at Section 16(1)(a) is to confirm that the information is held and the
second duty, at Section 16(1)(c)&(d) is to indicate what exemption(s) the authority is
applying and where necessary explain why the exemption(s) apply.
However, if the authority considers that to reveal whether the information is held
would be contrary to the public interest, the authority can issue a refusal notice
under Section 18(1) of the Act neither confirming nor denying that the information is
held. Please consider this a refusal notice in terms of Section 18 of the Act.
To provide a substantive response to your question would either confirm or deny
that such operations are ongoing. Given the sensitive nature of these matters, the
disclosure of this information could prove harmful.
However, if the Force held the information, it would be exempt in terms of the
section of the Act listed below. This should not be taken as conclusive evidence that
the information you have requested exists or does not exist.
Section 35 1 (a) & (b) – Law Enforcement
Please do not hesitate to contact me should you have any queries. However, if you
are not satisfied with the way in which your request has been dealt with, you are
entitled, in the first instance, to request a review of the decision made by the Force.
Should you wish to proceed, please write to Iain Gray, Head of Information
Disclosure Unit, Grampian Police, Woodhill House, Westburn Road, Aberdeen,
AB16 5AB, within 40 working days of receiving this letter, stating clearly that you
request a review and the decisions you wish reviewed.
If, after having been informed of the review decision you are still not satisfied, you
are entitled to apply to the Scottish Information Commissioner for a decision within
six months of the date of the review response. Contact details are Office of the
Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9DS, telephone 01334 464610.
Yours sincerely,
Mrs Jody McKenzie
Compliance Manager