BX64 MXV vehicle "inspection/ETC" log book (NOT V5)

The request was partially successful.

Dear West Midlands Police,

West Midlands Police, like many forces, maintain detailed log books of police vehicles, including safety inspections, repairs, ETC.

Can you please provide me with a full copy of the logbook (and I do not simply refer to the V5) you store for the police vehicle BX64 MXV.

Can you please provide me with a copy of the Insurance Certificate for the police vehicle which was in operation on a public highway on 4/4/15 which shows that PC Hodson 1068 was entitled to drive the police vehicle. (I assume said document would also be stored within said logbook)

Yours faithfully,

Wayne Pearsall

Freedom of Information, West Midlands Police

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
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Dear West Midlands Police,

FAO: Susan Brown

Note that this request for a vehicle 'logbook' only has until 21st Sept for you to provide a response also.
https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Wayne Pearsall

Freedom of Information, West Midlands Police

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

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Freedom of Information, West Midlands Police

Hello Mr Pearsall

This request ref 3373/15 was received on Saturday 22/08/15. The first working day is Monday 24 August 2015 and therefore the 20 working day deadline is 22/09/15.

However, I am currently waiting for the data to be provided by the relevant units and aim to respond as soon as possible

Kind regards

Sue

Susan Brown
Freedom of Information Unit
Tel: 101
ext: 801 6197

email. [email address]
Working hours 7:30am to 3:30pm Monday to Thursday

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999.

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show quoted sections

Dear Susan Brown,

RE: 3373/15

I am aware that this is not out of time as stated in my message. Let me assure you that I know I am correct on the date stated.

From and including: Saturday, 22 August 2015
To, including Monday, 21 September 2015
Excluding Weekends and public holidays in United Kingdom – England

results in 20 working days. WM Police received my request on 22nd August. This is therefore Day Zero. Day 1 is Mon 24th Aug. Day 20 is 21/09/15.

To help you see how I got my figure:
11 days skipped:
Excluded 5 Saturdays
Excluded 5 Sundays
Excluded 1 holiday:
Summer Bank Holiday (Monday, 31 August 2015)

If you would like to correct me on this, then please feel free to. But I know that I am correct... (Do you feel a little silly now?)

Yours sincerely,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

 

FOI Request Reference: 003373/15

 

Thank you for your request for information, received 24/08/2015 concerning
detailed log book/ insurance document of a police vehicle

 

Regrettably this request involves a large amount of data which is taking
longer than anticipated to consider and consequently we will not be able
to provide you with the information by the target date of 21 September
2015.

 

We apologise for the late delivery of the information and we assure you
that we are at the moment working on this as a matter of urgency.  We aim
to be able to provide you with the information as soon as possible.

 

 

Yours sincerely,

 

 

 

Susan Brown

Freedom of Information Unit

Tel: 101

ext: 801 6197

 

email. [email address]

Working hours 7:30am to 3:30pm Monday to Thursday

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

 

Website: [1]www.west-midlands.police.uk
Twitter: [2]www.twitter.com/wmpolice
Facebook: [3]www.facebook.com/westmidlandspolice
YouTube: [4]www.youtube.com/westmidlandspolice

Flickr: [5]www.flickr.com/westmidlandspolice

 

[6]View all our social network links

 

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or confidential information. If received in error, please notify the
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expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
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responsibility is accepted by West Midlands Police for any loss or damage
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Dear West Midlands Police,

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

I am writing to request an internal review of West Midlands Police's handling of my FOI request 'BX64 MXV vehicle "inspection/ETC" log book (NOT V5)'.

"Regrettably this request involves a large amount of data which is taking
longer than anticipated to consider and consequently we will not be able
to provide you with the information by the target date of 21 September
2015."

S.17(1) of the FOIA places clear obligations on the PA.

"A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision of Part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which—
(a)states that fact,
(b)specifies the exemption in question, and
(c)states (if that would not otherwise be apparent) why the exemption applies."

I will accept that you have said you hold a large amount of data, and whilst not explicitly stating so (as required by S.17(1)(a)) that you hold the information requested, I will overlook this breach of the FOIA.

However, you have clearly failed to adhere to S.17(1)(b) and S.17(1)(c).

Furthermore, you have failed to adhere to S.17(7)(a) and S.17(7)(b)
"A notice under subsection (1), (3) or (5) must—
(a)contain particulars of any procedure provided by the public authority for dealing with complaints about the handling of requests for information or state that the authority does not provide such a procedure, and
(b)contain particulars of the right conferred by section 50."

"You may *Think* you know the law..." Oh my... Police staff clearly don't know the "law"...

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,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

 

FOI Internal Review Reference: 004004/15

 

Thank you for your correspondence, received 22/09/2015 where you requested
West Midlands Police to review the handling of your request (ref 3373/15)
for information concerning the log book and insurance certificate for a
particular police vehicle

 

INTERNAL REVIEW RESPONSE (4004/15)

 

A review has been conducted and I have found the following:

 

A response was not provided to you within the 20 working day timescales. I
sincerely apologise for the delay. This was caused by the data supplier
being unable to provide information within the timescale. Our response
follows.

 

ORIGINAL REQUEST

 

Can you please provide me with a full copy of the logbook (and I do not
simply refer to the V5) you store for the police vehicle BX64 MXV.

 

Can you please provide me with a copy of the Insurance Certificate for the
police vehicle which was in operation on a public highway on 4/4/15 which
shows that PC Hodson 1068 was entitled to drive the police vehicle.

 

Under the provision of the Act while the rights provided by Freedom of
Information legislation

are used responsibly in the main, there may be circumstances where
requests become overly burdensome to deal with; disrupt a public
authority’s ability to perform their core functions, or appear to be part
of an intention to disrupt or attack the public authority’s performance.
The legislation provides some exemptions from / exceptions to the duty to
deal with such requests, and the ICO encourages public authorities to use
these provisions when the legislation is

abused in this way.

Whilst giving maximum support to individuals genuinely seeking to exercise
the right to know information that is not in the public domain, the
Commissioner's general approach will be sympathetic towards authorities
where requests can be characterised as being burdensome or considered to
be valueless to the greater community and a waste of authority resources
to process. 

 

I would recommend that you familiarise yourself with ICO guidance on
Freedom of Information principally with respect of vexatious requests. In
particular you may wish to look at the indicators of vexatious requests
which include those which place a burden on the authority and frequent and
overlapping requests.  As your requests show some of these characteristics
we may consider the application of Section 14 (vexatious or repeated
requests) as well as Section 12 (where the request exceeds the appropriate
limit). Please see:

 

https://ico.org.uk/for-organisations/gui...

 

I can confirm that West Midlands Police holds the information requested
and that it consists of a document with over 80 pages of entries which
records data for each time the vehicle is used. As the book contains the
route and nature of the journey, each of the 15 lines of entries on every
page would need to be examined and considered for harm in release. In the
context of your series of requests I consider this to be burdensome.
However rather than refusing your request under section 14 (1) I would
like to suggest that we provide the following information:

 

Date, driver name, rank, collar number and speedometer reading, we can
also provide a copy of the insurance certificate

 

Please contact me if you wish to proceed on this basis

 

We have fulfilled our duties under the legislation and 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

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

Susan Brown

Freedom of Information Unit

Tel: 101

ext: 801 6197

 

email. [email address]

Working hours 7:30am to 3:30pm Monday to Thursday

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

 

Website: [1]www.west-midlands.police.uk
Twitter: [2]www.twitter.com/wmpolice
Facebook: [3]www.facebook.com/westmidlandspolice
YouTube: [4]www.youtube.com/westmidlandspolice

Flickr: [5]www.flickr.com/westmidlandspolice

 

[6]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

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Dear Freedom of Information,

Susan,

I am afraid, that your department have informed me that said logbook includes entries of all repair work ETC.

As this is a matter which will be relied upon by myself, I will make the following statement:

Redact the specific routes - Fine. Disclose all other information (including all repair works, insurance certificate, and driver details / speedo ETC).

Furthermore, I put you to notice to notice that you are legally obliged to refuse under S.14 within 20 working days. You cannot come to me now, beyond your legal time limit for disclosure, to say "we might want to rely on S.14". As in any event, you have not even made any realistic case to put your reason that might support your claim that my REQUEST (not series of requests, not myself) might constitute being vexatious. Obviously, I have more than enough evidence to satisfy both the Information Commissioner, and the Information Access Tribunal that my request is indeed a valid request, seeking information with a legitimate aim (See: Case in which I was [personal and potentially defamatory information removed] )

So, Your move. Disclosure or refusal?...
Yours sincerely,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

 

FOI Request Reference: 004004/15

 

Further to your email received 01 October 2015, I am writing to confirm
that you wish for us to proceed on the basis of providing the information
below

 

o Date, driver name, rank, collar number and speedometer reading and
also the brief details of defects, minor damage, speedometer and
equipment checks

 

o The Insurance document

 

If this is incorrect please let me know as soon as possible

 

 

Yours sincerely,

 

 

Susan Brown

Freedom of Information Unit

Tel: 101

ext: 801 6197

 

email. [email address]

Working hours 7:30am to 3:30pm Monday to Thursday

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

 

Website: [1]www.west-midlands.police.uk
Twitter: [2]www.twitter.com/wmpolice
Facebook: [3]www.facebook.com/westmidlandspolice
YouTube: [4]www.youtube.com/westmidlandspolice

Flickr: [5]www.flickr.com/westmidlandspolice

 

[6]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

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Wayne Pearsall left an annotation ()

Susan.

NO.

I want a copy of the actual information, allowing you to redact any specifcs of the routes taken (as you raised issues with policing work being affected by these routes getting into the public domain).

A description will not suffice. I want a copy of the information stored, as per the FOIA.

Dear Freedom of Information,

Susan.

NO.

I want a copy of the actual information, allowing you to redact any specifcs of the routes taken (as you raised issues with policing work being affected by these routes getting into the public domain).

A description will not suffice. I want a copy of the information stored, as per the FOIA.

Yours sincerely,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

I will be providing a copy of the recorded information held. The column heading in the log book reads ' brief details of defects, minor damage, speedometer and equipment checks'

I can confirm that I am not summarising or providing a description, merely redacting the information as agreed in the offer.

Please confirm that you wish to proceed on this basis

Yours sincerely

Susan Brown
Freedom of Information Unit
Tel: 101
ext: 801 6197

email. [email address]
Working hours 7:30am to 3:30pm Monday to Thursday

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999.

Website: www.west-midlands.police.uk
Twitter: www.twitter.com/wmpolice
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YouTube: www.youtube.com/westmidlandspolice
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Our vision: Serving our communities, protecting them from harm

show quoted sections

Dear Freedom of Information,

Susan. If that is the case then there are no issues.

Please provide said information.

Yours sincerely,

Wayne Pearsall

Freedom of Information, West Midlands Police

2 Attachments

Dear Mr Pearsall

 

 

 

FOI Request Reference: 004483/15

 

Further to your request ref 4004/15, please see below and attached our
response to the agreed amended request.

 

ORIGINAL REQUEST

 

Can you please provide me with a full copy of the logbook (and I do not
simply refer to the V5) you store for the police vehicle BX64 MXV.

 

Can you please provide me with a copy of the Insurance Certificate for the
police vehicle which was in operation on a public highway on 4/4/15 which
shows that PC Hodson 1068 was entitled to drive the police vehicle.

 

OUR RESPONSE OFFER

 

Date, driver name, rank, collar number and speedometer reading and also
the brief details of defects, minor damage, speedometer and equipment
checks

 

The Insurance document

 

ACCEPTANCE OF OUR RESPONSE OFFER

 

Redact the specific routes - Fine.  Disclose all other information
(including all repair works, insurance certificate, and driver details /
speedo ETC).

 

RESPONSE

 

We can confirm that some relevant information is held by West Midlands
Police. However, while the majority of the information is attached to this
email I am afraid that I am not required by statute to release all of the
information requested. Please find attached two redacted documents
(4483_attachment_1) and (4483_Attachment_2). This letter serves as a
Refusal Notice under Section 17 of the Freedom of Information Act 2000
(the Act) for the names/signatures of officers in the ‘Driver’ column as
it is not possible to distinguish between what is written as a name and
what is an officer’s actual signature. However the adjacent columns
provide the rank and collar number of the driver so there is no doubt as
to their identity.

 

REASONS FOR DECISION

 

The Freedom of Information Act places two responsibilities on public
authorities, the first of which is to confirm what information it holds
and secondly to then disclose that information, unless exemptions apply.

 

In this case, this letter represents a Refusal Notice for the redacted
parts of the attached document. The information is exempt by virtue of the
following exemption

 

 

Section 40 (2)

 

This exemption and explanatory notes are shown here:

 

http://www.west-midlands.police.uk/docs/...

 

Section 40 (2) is an absolute and class based exemption if to release the
information exists would breach the third party’s data protection rights. 
In this case to release this personal information would not constitute
fair processing of the data and therefore would breach the first of the
principles within the Data Protection Act 1998. As this exemption is class
based I am not required to identify the harm in disclosure and in this
instance I believe that the right to privacy outweighs any public interest
in release.

 

As recommended as good practice by the Information Commissioner’s Office a
version of this response may be published on the West Midlands Police
website.

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

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

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

 

Susan Brown

Freedom of Information Unit

Tel: 101

ext: 801 6197

 

email. [email address]

Working hours 7:30am to 3:30pm Monday to Thursday

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

 

Website: [2]www.west-midlands.police.uk
Twitter: [3]www.twitter.com/wmpolice
Facebook: [4]www.facebook.com/westmidlandspolice
YouTube: [5]www.youtube.com/westmidlandspolice

Flickr: [6]www.flickr.com/westmidlandspolice

 

[7]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

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Dear Freedom of Information,

004483/15

Can you explain what's redacted on P.54 ? - in the notes box?

I trust you are aware of the fact the ICO have been in touch RE: inspection reports too for this vehicle. (amongst other things).

Also, I am sure you've noted this request as substantially late to be responded to, for your reports back to the ICO ETC. (Because as outlined already, i'm not happy with the time taken to provide such easily presentable information).

Yours sincerely,

Wayne Pearsall

Freedom of Information, West Midlands Police

Dear Mr Pearsall

FOI Request Reference: 004995/15

I acknowledge receipt of your correspondence, received 21/10/2015, requesting West Midlands Police to review its response to your request for information concerning 004483/15.

The review will be conducted by a person independent of the original decision in accordance with the West Midlands Police review procedure. Every effort will be made to have a response to you within 20 working days. However, if it becomes clear that the review will not be completed by this date you will be advised.

I can tell you that the FOI Unit have had no correspondence from the Information Commissioners Office regarding this request.

Yours sincerely,

Carl Bird
Freedom of Information Unit
Corporate Communications
To report crime and anti-social behaviour which does not require an emergency response, please call 101. In an emergency, dial 999.

Ext: 801 6196
[email address]

Website: www.west-midlands.police.uk
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show quoted sections

Freedom of Information, West Midlands Police

Dear Mr Pearsall

 

FOI Internal Review Reference: 4995/15

 

Thank you for your correspondence, received 20/10/2015 where you requested
West Midlands Police to review its response to your request for
information.

 

REQUEST

 

Can you explain what's redacted on P.54 ? - in the notes box?

I trust you are aware of the fact the ICO have been in touch RE:
inspection reports too for this vehicle. (amongst other things).

Also, I am sure you've noted this request as substantially late to be
responded to, for your reports back to the ICO ETC. (Because as outlined
already, i'm not happy with the time taken to provide such easily
presentable information).

 

RESPONSE

 

The information redacted on page 54 is the signature of an officer.

The response to request 4483/15 was provided within the 20 working days
set by the Freedom of Information Act. The original request (3373/15)
breached the cost threshold. We were late providing a response to this as
acknowledged in Internal Review 4004/15.  The acceptance of a copy of the
log book with redacted information (see correspondence from the 5^th
October 2015) was accepted as a new request. The response to this was
provided on the 20^th October 2015.

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

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

Courtney Martin
Freedom of Information Unit

Corporate Communications

 

Tel: 101

ext: 801 6201

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

Website: [1]www.west-midlands.police.uk
Twitter: [2]www.twitter.com/wmpolice
Facebook: [3]www.facebook.com/westmidlandspolice
YouTube: [4]www.youtube.com/westmidlandspolice

Flickr: [5]www.flickr.com/westmidlandspolice

 

[6]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

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Dear Freedom of Information,

"
The response to request 4483/15 was provided within the 20 working days
set by the Freedom of Information Act. The original request (3373/15)
breached the cost threshold. We were late providing a response to this as
acknowledged in Internal Review 4004/15. The acceptance of a copy of the
log book with redacted information (see correspondence from the 5^th
October 2015) was accepted as a new request. The response to this was
provided on the 20^th October 2015."

I think you'll find Susan made a threat to treat my request as vexatious... There was no refusal on the basis of cost. This was a single request, which you failed to provide a prompt response to. So, as It appears that I've completed your internal process on this request also... Off to the ICO I go...

Yours sincerely,

Wayne Pearsall

Freedom of Information, West Midlands Police

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