Bluecheck II devices and MobileID service

Andrew Watson made this Freedom of Information request to Essex Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Essex Police,

This is a request under the Freedom of Information Act 2000.

A press release on your web site says you have recently trained officers in the use of Bluecheck II devices and the associated MobileID service:

http://www.essex.police.uk/news_features...

Please send me copies of all instruction manuals, procedures manuals and training materials that you hold relating to Bluecheck II and the MobileID service.

Yours faithfully,

Andrew Watson

data foi, Essex Police

Classification: NOT PROTECTIVELY MARKED

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

Under the Freedom of Information Act we are required to reply within 20
working days but given the current very high number of requests being
received this may not be possible.

We will reply as soon as possible and please accept our apologies for the
inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Strategic Change Management Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
' :Within Essex dial 101 then ext. 54551
Outside Essex: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

Please note: 101 is replacing 0300 333 4444 as the way to contact Essex
Police - but always dial 999 if it is an emergency

show quoted sections

Steve Grayton, Essex Police

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above
reference. Having started my enquiries I am able to respond as follows:

A press release on your web site says you have recently trained officers
in the use of Bluecheck II devices and the associated MobileID service:

 [1]http://www.essex.police.uk/news_features...

    

Please send me copies of all instruction manuals, procedures manuals and
training materials that you hold relating to Bluecheck II and the MobileID
service.

 

The FOI Act obliges us to respond to requests promptly and in any case no
later than 20 working days after receiving your request. We must consider
firstly whether we can comply with s1(1)(a) of the Act, which is our duty
to confirm whether or not the information requested is held and secondly
we must comply with s1(1)(b), which is the provision of such information.
However, when a qualified exemption applies either to the confirmation or
denial or the information provision and the public interest test is
engaged, the Act allows the time for response to be longer than 20 working
days, if the balance of such public interest is undetermined.

 

I can confirm that Essex Police do hold a copy of manuals and training
material relating to your request but in this case we have not yet reached
a decision on where the balance of the public interest lies in respect of
disclosure of the information requested. ACPO guidance suggests that this
process should take no longer than 40 days. However, I do not anticipate
that this process will take any longer than 20 working days from today

 
In this case, some of the information relates to police procedures and may
have the potential to cause serious harm to law enforcement tactics, and
therefore we must take further time to consider whether exemption at
section 31 Law Enforcement is engaged. In addition some of the documents
held are commercially sensitive and the exemption at section 43 Commercial
Interests may also apply.
 
I apologise for any inconvenience that this may cause, and will write
again as soon as I am able.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Strategic Change Management Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
' :Within Essex dial 101 then ext. 54551
Outside Essex: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : [2]data[Essex Police request email]
Personal email: [3][email address]
Website: [4]www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

Please note: 101 is replacing 0300 333 4444 as the way to contact Essex
Police - but always dial 999 if it is an emergency

If you are dissatisfied with the handling of your FOI request, you have
the right to ask for an internal review. Internal review requests should
be submitted within two months of the date of receipt of the response to
your original request and should be addressed to the Senior Information
Officer at the above address.

If you complaint refers to a decision to apply an exemption it would
assist the review if you would outline the reasons why you feel the
exemption does not apply.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

show quoted sections

References

Visible links
1. http://www.essex.police.uk/news_features...
2. mailto:data[Essex Police request email]
3. mailto:[email address]
4. http://www.essex.police.uk/
5. mailto:[FOI #80908 email]
6. http://www.essex.police.uk/news_features...
7. http://www.whatdotheyknow.com/help/offic...

Steve Grayton,

6 Attachments

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above
reference. Having completed my enquiries I am able to respond as follows:

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 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 this enquiry:

A press release on your web site says you have recently trained officers
in the use of Bluecheck II devices and the associated MobileID service:

[1]http://www.essex.police.uk/news_features...

    

Please send me copies of all instruction manuals, procedures manuals and
training materials that you hold relating to Bluecheck II and the MobileID
service.

Essex Police does hold information in respect of your enquiry and I have
attached the following files which relate to your enquiry:

* Blackberry / Bluecheck Fingerprint Capture "Quick Guide" (file ref.
3467bluecheck quick guidev1.pdf)
* Mobile ID commencement of Legislation (file ref. 3647a.pdf)
* Section 117 Serious and Organised Crime and Police Act 2005 (SOCPA)
(file ref 3647b.pdf)

* MobileID project – PACE Legislation Frequently asked questions (file
ref. 3647c.pdf)

* Training presentation (Trainingv3.pdf)

* Cogent Systems presentation (3647d.pdf)

 

You will see however we have redacted certain parts of the document as we
are not obliged to release this information as the following exemptions
apply:

Sections 31(1)(b) Law Enforcement apply to the information you seek
access to.

31 Law enforcement

(1) Information which is not exempt information by virtue of section 30
is exempt information if its disclosure under this Act would, or would
be likely to, prejudice—

(a) the prevention or detection of crime,

(b) the apprehension or prosecution of offenders,

(c) the administration of justice,

(d) the assessment or collection of any tax or duty or of any imposition
of a similar nature,

(e) the operation of the immigration controls,

(f) the maintenance of security and good order in prisons or in other
institutions where persons are lawfully detained,

(g) the exercise by any public authority of its functions for any of the
purposes specified in subsection (2),

(h) any civil proceedings which are brought by or on behalf of a public
authority and arise out of an investigation conducted, for any of the
purposes specified in subsection (2), by or on behalf of the authority
by virtue of Her Majesty’s prerogative or by virtue of powers conferred
by or under an enactment, or

(i) any inquiry held under the [1976 c. 14.] Fatal Accidents and Sudden
Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry
arises out of an investigation conducted, for any of the purposes
specified in subsection (2), by or on behalf of the authority by virtue
of Her Majesty’s prerogative or by virtue of powers conferred by or
under an enactment.

(2) The purposes referred to in subsection (1)(g) to (i) are—

(a) the purpose of ascertaining whether any person has failed to comply
with the law,

(b) the purpose of ascertaining whether any person is responsible for
any conduct which is improper,

(c) the purpose of ascertaining whether circumstances which would
justify regulatory action in pursuance of any enactment exist or may
arise,

(d) the purpose of ascertaining a person’s fitness or competence in
relation to the management of bodies corporate or in relation to any
profession or other activity which he is, or seeks to become, authorised
to carry on,

(e) the purpose of ascertaining the cause of an accident,

(f) the purpose of protecting charities against misconduct or
mismanagement (whether by trustees or other persons) in their
administration,

(g) the purpose of protecting the property of charities from loss or
misapplication,

(h) the purpose of recovering the property of charities,

(i) the purpose of securing the health, safety and welfare of persons at
work, and

(j) the purpose of protecting persons other than persons at work against
risk to health or safety arising out of or in connection with the
actions of persons at work.

(3) The duty to confirm or deny does not arise if, or to the extent
that, compliance with section 1(1)(a) would, or would be likely to,
prejudice any of the matters mentioned in subsection (1).

 

 

 

Section 40 (2) (Third Party Personal Data) applies. - This is in respect
of the Trainers names - it is not appropriate to put that detail into the
public domain.

40 Personal information

(1) Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is
the data subject.

(2) Any information to which a request for information relates is also
exempt information if—

(a) it constitutes personal data which do not fall within subsection
(1), and

(b) either the first or the second condition below is satisfied.

(3) The first condition is—

(a) in a case where the information falls within any of paragraphs (a)
to (d) of the definition of “data” in section 1(1) of the [1998 c. 29.]
Data Protection Act 1998, that the disclosure of the information to a
member of the public otherwise than under this Act would contravene—

(i) any of the data protection principles, or

(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and

(b) in any other case, that the disclosure of the information to a
member of the public otherwise than under this Act would contravene any
of the data protection principles if the exemptions in section 33A(1) of
the [1998 c. 29.] Data Protection Act 1998 (which relate to manual data
held by public authorities) were disregarded.

(4) The second condition is that by virtue of any provision of Part IV
of the [1998 c. 29.] Data Protection Act 1998 the information is exempt
from section 7(1)(c) of that Act (data subject’s right of access to
personal data).

(5) The duty to confirm or deny—

(a) does not arise in relation to information which is (or if it were
held by the public authority would be) exempt information by virtue of
subsection (1), and

(b) does not arise in relation to other information if or to the extent
that either—

(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would (apart
from this Act) contravene any of the data protection principles or
section 10 of the [1998 c. 29.] Data Protection Act 1998 or would do so
if the exemptions in section 33A(1) of that Act were disregarded, or

(ii) by virtue of any provision of Part IV of the [1998 c. 29.] Data
Protection Act 1998 the information is exempt from section 7(1)(a) of
that Act (data subject’s right to be informed whether personal data
being processed).

(6) In determining for the purposes of this section whether anything
done before 24th October 2007 would contravene any of the data
protection principles, the exemptions in Part III of Schedule 8 to the
[1998 c. 29.] Data Protection Act 1998 shall be disregarded.

(7) In this section— “the data protection principles” means the
principles set out in Part I of Schedule 1 to the [1998 c. 29.] Data
Protection Act 1998, as read subject to Part II of that Schedule and
section 27(1) of that Act; “data subject” has the same meaning as in
section 1(1) of that Act; “personal data” has the same meaning as in
section 1(1) of that Act.

To clarify, to provide information which constitutes an individual's
personal data (information that identified them as a living individual)
would be in contravention of that individual's rights under the Data
Protection Act 1998.

Disclosure of this information will breach principles 1 and 2 of the Data
Protection Act. These principles require personal data to be: 1) processed
(defined to include 'obtained') 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 legally enforceable rights under
the Data Protection Act 1998. 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. For example, the 'fairness' of any disclosure of
personal data would be whether the disclosure would cause unnecessary or
unjustified distress or damage to the person whom the information is
about. 

In applying the exemption at s31 Essex Police is obliged to consider the
public interest in the release of this information. Accordingly, the
public interest test below has been carried out.

Favouring disclosure

When information disclosed relates directly to the efficiency and
effectiveness of the force or its officers.
Where public funds are being spent, there is a public interest in
accountability and justification.
When release of information would contribute to the quality and accuracy
of public debate concerning police resources.

Favouring non disclosure

This document cannot be released in full as it contains parts which are
operational and security sensitive, and may affect the likelihood of
prejudicing the effectiveness of police operations and investigations.
Harm

When applying a prejudice based exemption a public authority is required
to demonstrate the ‘likely harm’ that the release of the information would
cause.
It is felt that the sections which have been redacted contain security
information that could be used by non police readers to access
information .
Balancing test

When balancing the public interest test I have to consider whether the
information should be released into the public domain. Arguments need to
be weighed against each other - The reasons favouring disclosure are
accountability, use of public funds, compared to the strongest negative
reason, which in this case is law enforcement and investigations.

Information released under FOIA, where exemptions apply, will only be done
where there is a tangible community benefit which is more powerful than
the harm that could be done. This does not apply in this case.

I hope the information provided is of use.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Strategic Change Management Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
' :Within Essex dial 101 then ext. 54551
Outside Essex: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : [2]data[Essex Police request email]
Personal email: [3][email address]
Website: [4]www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

Please note: 101 is replacing 0300 333 4444 as the way to contact Essex
Police - but always dial 999 if it is an emergency

If you are dissatisfied with the handling of your FOI request, you have
the right to ask for an internal review. Internal review requests should
be submitted within two months of the date of receipt of the response to
your original request and should be addressed to the Senior Information
Officer at the above address.

If you complaint refers to a decision to apply an exemption it would
assist the review if you would outline the reasons why you feel the
exemption does not apply.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF

show quoted sections

References

Visible links
1. http://www.essex.police.uk/news_features...
2. mailto:data[Essex Police request email]
3. mailto:[email address]
4. http://www.essex.police.uk/
5. http://www.essex.police.uk/news_features...
6. mailto:data[Essex Police request email]
7. mailto:[email address]
8. http://www.essex.police.uk/
9. mailto:[FOI #80908 email]
10. http://www.essex.police.uk/news_features...
11. http://www.whatdotheyknow.com/help/offic...

Dear Mr Grayton,

Thanks for the comprehensive reply to this FOI request.

Yours sincerely,

Andrew Watson

Steve Grayton, Essex Police

I am out of the office and back on Monday 26th Sept. so your message will not be seen until then and I will respond, if required, on my return.

If urgent please telephone 01245-452647 (internal Ext. 53090) or email data[Essex Police request email]

Thank you

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Strategic Change Management Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : [email address]
For FOI/ Data Protection: data[Essex Police request email]
Website: www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

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