Breaches of Data Protection Act

The request was successful.

Dear Staffordshire Police, Fire and Crime Commissioner,

In January 2020, the Express and Star newspaper printed a story with the headline

“Revealed: Staffordshire Police in secret requests to NHS over mental health of complainants”

(https://www.expressandstar.com/news/loca...)

The story documents what appear to be serious and potentially criminal breaches of the Data Protection Act by accessing the private NHS medical records of members of the public, via a Mental Health Coordinator (MHC)working for Staffordshire Police. It is my understanding that the emails from the MHC requesting the medical records from the NHS were sent from an email address allocated to the PCC office.

Please provide the following information.

1. Was the PCC aware of the allegations contained with the article before receiving this FIO request.

2. Has the PCC or his office ever employed or funded a post of MHC for Staffordshire Police.

3. Has the PCC or his office ever provided an email address for use by the MHC? if so provide the dates the email was used by the MHC.

4. If the answer to (2) is yes, please provide the dates any such post started and ended.

5. If the answer to (2) is yes, please provide a copy of the job description for the post and a copy of any notice or bulletin inviting applicants to apply

6. If the answer to (2) is yes, please outline clearly who was responsible for the management and oversight of the MHC.

7. If the answer to (1) is yes, has the PCC initiated any investigation into the actions of the MHC.

8. If the answer to (2) is yes, please confirm whether the individual holding the post of MHC at the time of the alleged breaches of the DPA remains in the employment of the PCC or Staffordshire Police.

Yours faithfully,

Mr L. Anderson

PFCC, Staffordshire Police, Fire and Crime Commissioner

1 Attachment

 

Acknowledgement of your email to the Staffordshire Commissioner’s Office

 

Thank you for your email, this is an automated reply to confirm that your
email has been received.  As you will appreciate, we receive a high volume
of emails, letters and phone calls each day, therefore please allow ten
working days for a response. 

 

If you are wishing to report a crime then please contact 101, or if it is
an emergency 999.  If you need the answer to a policing question, [1]click
here to visit ‘ask the police’ page.

 

Keeping your personal information safe and secure is a priority to us.
When you voluntarily provide information, we will collect personal data
from you.  This could be when you contact us with enquiries, respond to
one of our surveys, register for access to the commissioner’s website, or
sign up to receive our newsletters.

 

We would like to continue contacting you in the ways you have already
requested, however you can choose to opt out, or change the preferences
you originally selected by emailing the office at
[2][email address]

 

Please be assured we value your personal information.  You can read our
privacy policy and find out more about how we manage your data on our
website [3]https://staffordshire-pfcc.gov.uk/privacy/

 

Thank you for taking the time to contact the Staffordshire Commissioner’s
Office.  You may be able to find information to resolve your enquiry on
the Commissioner’s website which can be found here:
[4]https://staffordshire-pfcc.gov.uk

 

If you would like to stay up to date with the work the office does, you
can sign up to our e-newsletter here:
[5]https://staffordshire-pfcc.gov.uk/news/u...

 

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References

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1. https://www.askthe.police.uk/content/@1....
2. mailto:[email address]
3. https://staffordshire-pfcc.gov.uk/privacy/
4. https://staffordshire-pfcc.gov.uk/
5. https://staffordshire-pfcc.gov.uk/news/u...

FOI PFCC, Staffordshire Police, Fire and Crime Commissioner

6 Attachments

Dear Mr Anderson

 

Please find attached our response in relation to your FOI request.

 

Roni

 

Veronica
Powell
Compliance
Manager

 

*Official*

[1]stay connected with news, alerts and updates

[2]stay
connected
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news, 01785 232457
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updates
[3]stay
connected
with
news, [4]www.staffordshire-pfcc.gov.uk
alerts
and
updates
[5]stay
connected
with Staffordshire Police HQ, Block
news, 9, Weston Road, Stafford, ST18
alerts 0YY
and
updates

 

[6]arrow

 

 

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Dear Staffordshire Police, Fire and Crime Commissioner,

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

I am writing to request an internal review of Staffordshire Police, Fire and Crime Commissioner's handling of my FOI request 'Breaches of Data Protection Act.

In response to Point 1 - States the the Police Commissioner’s Office was not aware of the article published in the Express and Star prior to the receipt of my FOI request sent on the 26th May 2020, however it is accepted that the Commissioner was aware of the information contained in the story prior to that date. If that is truely the case it would suggest that the Commissioner does not keep himself abreast of media coverage directly related to an important area of his responsibilities.

The responses to points 2-6 basically state that the Commissioner’s office did not employ or fund the post of Mental Health Coordinator therefore cannot answer the linked questions. Whilst I understand given the answer to point 2 that the Commissioner’s Office may not hold the Information requested in points 3-6, in such cases public bodies should where possible assist the person seeking the information by directing them to the public body that does hold the information. In this case are you able to direct me to where I may find the information I seek?

The response to point 7 states :

“ If the answer to (1) is yes, has the PCC initiated any investigation into the actions of the MHC.
No as the member of staff was not employed or funded by the Commissioner’s office.”

The responses is somewhat confusing given that the response confirms that the information contained in the article was known to the Commissioner’s Office appear to suggest that Staffordshire Police committed criminal breaches of the law, it is difficult to understand why the Commissioner would not have initiated an investigation, particularly given that the breach was initiated from an email address allocated to his office.

In addition since making this FIO request I was become aware that a formal complaint was made against the Chief Constable in respect of this matter in 2019. Given that the Commissioner is the appropriate authority for dealing with complaints against the Chief Constable, it would suggest that some form of investigation would have been required, if that is the case the response given to point 7 would seem to be either incorrect, or misleading.

I would be grateful if you could review the response provide to ensure that the answers provided are as complete and accurate as possible.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Mr L. Anderson

PFCC, Staffordshire Police, Fire and Crime Commissioner

1 Attachment

 

Acknowledgement of your email to the Staffordshire Commissioner’s Office

 

Thank you for your email, this is an automated reply to confirm that your
email has been received.  As you will appreciate, we receive a high volume
of emails, letters and phone calls each day, therefore please allow ten
working days for a response. 

 

If you are wishing to report a crime then please contact 101, or if it is
an emergency 999.  If you need the answer to a policing question, [1]click
here to visit ‘ask the police’ page.

 

Keeping your personal information safe and secure is a priority to us.
When you voluntarily provide information, we will collect personal data
from you.  This could be when you contact us with enquiries, respond to
one of our surveys, register for access to the commissioner’s website, or
sign up to receive our newsletters.

 

We would like to continue contacting you in the ways you have already
requested, however you can choose to opt out, or change the preferences
you originally selected by emailing the office at
[2][email address]

 

Please be assured we value your personal information.  You can read our
privacy policy and find out more about how we manage your data on our
website [3]https://staffordshire-pfcc.gov.uk/privacy/

 

Thank you for taking the time to contact the Staffordshire Commissioner’s
Office.  You may be able to find information to resolve your enquiry on
the Commissioner’s website which can be found here:
[4]https://staffordshire-pfcc.gov.uk

 

If you would like to stay up to date with the work the office does, you
can sign up to our e-newsletter here:
[5]https://staffordshire-pfcc.gov.uk/news/u...

 

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References

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1. https://www.askthe.police.uk/content/@1....
2. mailto:[email address]
3. https://staffordshire-pfcc.gov.uk/privacy/
4. https://staffordshire-pfcc.gov.uk/
5. https://staffordshire-pfcc.gov.uk/news/u...

FOI PFCC, Staffordshire Police, Fire and Crime Commissioner

5 Attachments

Dear Mr Anderson

 

Further to your request for an internal review in relation to the above
FOI please find attached our response.

 

Yours
sincerely

 

Compliane
Manager

*Official*

[1]stay connected with news, alerts and updates

[2]stay
connected
with
news, [3]FOI.[Staffordshire PFCC request email]
alerts
and
updates
[4]stay
connected
with
news, [5]www.staffordshire-pfcc.gov.uk
alerts
and
updates
[6]stay
connected
with Staffordshire Police HQ, Block 9, Weston
news, Road, Stafford, ST18 0YY
alerts
and
updates

 

 

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References

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1. https://staffordshire-pfcc.gov.uk/
3. mailto:FOI.[Staffordshire PFCC request email]
5. https://staffordshire-pfcc.gov.uk/

Dear FOI PFCC,

Thank you for your correspondence dated 13th July 2020. With regards to your response to points 3-6 I would be grateful if you would pass my request onto the appropriate department within Staffordshire Police.

Yours sincerely,

Mr L. Anderson

FOI PFCC, Staffordshire Police, Fire and Crime Commissioner

1 Attachment

 

Thank you for your Freedom of Information Request to the Staffordshire
Commissioner’s Office. Please take this acknowledgement as confirmation of
receipt.

 

Your request will be considered in accordance with the Freedom of
Information Act 2000 and you will receive a response within the statutory
timescale of 20 working days, subject to the provisions of the Act. In
some circumstances the Staffordshire Commissioner’s Office may be unable
to achieve this deadline. If this is likely, you will be informed and
given a revised time-scale at the earliest opportunity.

 

Keeping your personal information safe and secure is a priority to us.
When you voluntarily provide information, we will collect personal data
from you.  This could be when you contact us with enquiries, respond to
one of our surveys, register for access to the commissioner’s website, or
sign up to receive our newsletters.

 

We would like to continue contacting you in the ways you have already
requested, however you can choose to opt out, or change the preferences
you originally selected by emailing the office at
[1][email address]

 

Please be assured we value your personal information.  You can read our
privacy policy and find out more about how we manage your data on our
website [2]https://staffordshire-pfcc.gov.uk/privacy/

 

Thank you for taking the time to contact the Staffordshire Commissioner’s
Office.  You may be able to find information to resolve your enquiry on
the Commissioner’s website which can be found here:
[3]https://staffordshire-pfcc.gov.uk

 

If you would like to stay up to date with the work the office does, you
can sign up to our e-newsletter here:
[4]https://staffordshire-pfcc.gov.uk/news/u...

 

show quoted sections

 

References

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1. mailto:[email address]
2. https://staffordshire-pfcc.gov.uk/privacy/
3. https://staffordshire-pfcc.gov.uk/
4. https://staffordshire-pfcc.gov.uk/news/u...

Staffordshire Police, Fire and Crime Commissioner

Thank you for your FOI request which has been referred to us by the PFCC's
office, 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.
Regards,
Freedom of Information
Central Disclosure Unit
Staffordshire Police

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Freedom of Information,

2 Attachments

Dear Mr Anderson,

 

Please see the attached response to your Freedom of Information request.

 

Regards,

[1]cid:image001.png@01D4D015.EF704530

Freedom of Information

Central Disclosure Unit

Staffordshire Police HQ

P.O. Box 3167

Stafford

ST16 9JZ

E: [2][email address]

 

 

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2. mailto:[email address]

Dear Staffordshire Police,

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

I am writing to request an internal review of Staffordshire Police, handling of my FOI request 'Breaches of Data Protection Act' that was forwarded to you by the Police And Crime Commissioner’s office.

I am grateful to you for the answers provided at points 2,3 and 4, these points have been fully answered.

In respect of points 5 and 6, Staffordshire Police have suggested that ‘No Information’ is held. These points concern the job description and appointment process for the individual that held the post of MHC, and the management and oversight of the individual during the 14 months that he/she was in post.

Having had experience of Staffordshire Police and similar public bodies I am well aware that once a business case for a new post has been established a job description/post profile is created and the vacancy is advertised to potential applicants therefore I feel that the current ‘No information held’ statement’ cannot be correct. In addition all employees of Staffordshire Police are monitored for personal development and undergo at least annual reviews by their line manager, such reviews are then stored within their personal file in HR, therefore again I feel that the ‘No information held’ statement cannot be correct.

There appears to be some reluctance on the part of Staffordshire Police to release information concerning the appointment off the MHC and the subsequent role that the post holder then performed. I am aware that the post of MHC has been linked to potentially unlawful breaches of the Data Protection Act, however any such breach should not be a reason to withhold information about the post or post holder.

The general public have a right to understand how public bodies recruit, deploy and manage staff, whose wages are ultimately paid from public funds. I respectfully ask that points 5 & 6 by reviewed, and the information requested be provided.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Mr L. Anderson

PFCC, Staffordshire Police, Fire and Crime Commissioner

1 Attachment

 

Acknowledgement of your email to the Staffordshire Commissioner’s Office

 

Thank you for your email, this is an automated reply to confirm that your
email has been received.  As you will appreciate, we receive a high volume
of emails, letters and phone calls each day, therefore please allow ten
working days for a response. 

 

If you are wishing to report a crime then please contact 101, or if it is
an emergency 999.  If you need the answer to a policing question, [1]click
here to visit ‘ask the police’ page.

 

Keeping your personal information safe and secure is a priority to us.
When you voluntarily provide information, we will collect personal data
from you.  This could be when you contact us with enquiries, respond to
one of our surveys, register for access to the commissioner’s website, or
sign up to receive our newsletters.

 

We would like to continue contacting you in the ways you have already
requested, however you can choose to opt out, or change the preferences
you originally selected by emailing the office at
[2][email address]

 

Please be assured we value your personal information.  You can read our
privacy policy and find out more about how we manage your data on our
website [3]https://staffordshire-pfcc.gov.uk/privacy/

 

Thank you for taking the time to contact the Staffordshire Commissioner’s
Office.  You may be able to find information to resolve your enquiry on
the Commissioner’s website which can be found here:
[4]https://staffordshire-pfcc.gov.uk

 

If you would like to stay up to date with the work the office does, you
can sign up to our e-newsletter here:
[5]https://staffordshire-pfcc.gov.uk/news/u...

 

show quoted sections

 

References

Visible links
1. https://www.askthe.police.uk/content/@1....
2. mailto:[email address]
3. https://staffordshire-pfcc.gov.uk/privacy/
4. https://staffordshire-pfcc.gov.uk/
5. https://staffordshire-pfcc.gov.uk/news/u...

FOI PFCC, Staffordshire Police, Fire and Crime Commissioner

Dear Mr Anderson

The above has been received by the Commissioner's office but, I believe this is a request for Staffordshire Police. Do I have your permission to transfer this to their FOI Team?

Yours sincerely

Freedom of Information Decision Maker

*Official*

FOI.[Staffordshire PFCC request email]

www.staffordshire-pfcc.gov.uk

Staffordshire Police HQ, Block 9, Weston Road, Stafford, ST18 0YY

show quoted sections

Dear FOI PFCC,

Thank you for your message.

Apologies for inconveniencing you further with this matter, but to reply through the website I had no alternative.

I would be most grateful if you would forward the correspondence on my behalf to Staffordshire Police.

Yours sincerely,

Mr L. Anderson

FOI PFCC, Staffordshire Police, Fire and Crime Commissioner

1 Attachment

 

Thank you for your Freedom of Information Request to the Staffordshire
Commissioner’s Office. Please take this acknowledgement as confirmation of
receipt.

 

Your request will be considered in accordance with the Freedom of
Information Act 2000 and you will receive a response within the statutory
timescale of 20 working days, subject to the provisions of the Act. In
some circumstances the Staffordshire Commissioner’s Office may be unable
to achieve this deadline. If this is likely, you will be informed and
given a revised time-scale at the earliest opportunity.

 

Keeping your personal information safe and secure is a priority to us.
When you voluntarily provide information, we will collect personal data
from you.  This could be when you contact us with enquiries, respond to
one of our surveys, register for access to the commissioner’s website, or
sign up to receive our newsletters.

 

We would like to continue contacting you in the ways you have already
requested, however you can choose to opt out, or change the preferences
you originally selected by emailing the office at
[1][email address]

 

Please be assured we value your personal information.  You can read our
privacy policy and find out more about how we manage your data on our
website [2]https://staffordshire-pfcc.gov.uk/privacy/

 

Thank you for taking the time to contact the Staffordshire Commissioner’s
Office.  You may be able to find information to resolve your enquiry on
the Commissioner’s website which can be found here:
[3]https://staffordshire-pfcc.gov.uk

 

If you would like to stay up to date with the work the office does, you
can sign up to our e-newsletter here:
[4]https://staffordshire-pfcc.gov.uk/news/u...

 

show quoted sections

 

References

Visible links
1. mailto:[email address]
2. https://staffordshire-pfcc.gov.uk/privacy/
3. https://staffordshire-pfcc.gov.uk/
4. https://staffordshire-pfcc.gov.uk/news/u...

Staffordshire Police, Fire and Crime Commissioner

Thank you for your FOI request.  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.
Kind regards
Central Disclosure Unit
Staffordshire Police

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Freedom of Information,

2 Attachments

 

Dear Mr Anderson,

 

Please find attached the response for your recent request for internal
review.

 

Kind regards,

 

[1]cid:image001.png@01D4D015.EF704530

Freedom of Information

Central Disclosure Unit

Staffordshire Police HQ

P.O. Box 3167

Stafford

ST16 9JZ

E: [2][email address]

 

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Mr L. Anderson left an annotation ()

Staffordshire Police are continuing to maintain that they do not hold information regarding the post of Mental Health Coordinator despite employing an individual in that post for over twelve months. Unconvinced at the accuracy of Staffordshire Police's response I have referred this matter to the Information Commissioner.

Freedom of Information,

2 Attachments

Dear Mr Anderson

 

Please see attached revised response to the above Freedom of Information
request.

 

Kind regards

 

 

[1]https://sp-intranet.staffordshire.police...

 

DCC Directorate – Information Governance and Assurance

Central Disclosure Unit

Staffordshire Police HQ

P.O. Box 3167

Stafford

ST16 9JZ

T: Switchboard: 101

E: [2][email address]

 

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