Dear Essex Police,
I would like to request the call recording for a call made to 999 by myself on 30/07/2016 between 20:30 to 21:30 from my mobile number ending 2220.
Thank you for your enquiry which has been logged under the above reference. Under the Freedom of Information Act, this is a personal information request.
For details of personal data held on Essex police systems you will need to complete and return the attached subject access form.
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 your enquiry:
Personal information enquiry
FOI legislation is intended to promote openness and accountability in public authorities. However, this openness relates more to information about the authority and its workings than it does to individuals who have been in contact with that authority. This is especially the case when the public authority in question is a police force, as the majority of personal information that we hold is sensitive in nature.
Information disclosed under FOI is effectively released to the wider world or into the public domain. Consequently, in cases where the public request information related to individuals, it would be very rare for a police force to release such information under the terms of the FOI Act. Individuals would not expect that personal data would be disclosed in response to a request under the FOI Act that could provide and identify an individual or family members related to the subject matter, any disclosure would breach the first data protection principle of the Data Protection Act, GDPR, which relates to fair processing, Article 5(1) requires that personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’)
Essex Police is exempt from the duty to confirm or deny whether any information is held under the provision of section 40(5)(b)(i) of the FOI Act 2000 (below) and in accordance with section 17 of that Act this correspondence must act as a refusal notice to comply with your request.
40 (5B)The duty to confirm or deny does not arise in relation to other information if or to the extent that any of the following applies—
(a)giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a)—
(i)would (apart from this Act) contravene any of the data protection principles, or
(ii)would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded;
(b)giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene Article 21 of the GDPR (general processing: right to object to processing);
“the data protection principles” means the principles set out in - (a) Article 5(1) of the GDPR, and (b) section 34(1) of the Data Protection Act 2018; “data subject” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “the GDPR”, “personal data”, “processing” and references to a provision of Chapter 2 of Part 2 of the Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that Act (see section 3(2), (4), (10), (11) and (14) of that Act).
Please note that this is a standard response that would be issued on receipt of any FOI request that could relate to an individual or information that could identify an individual and this response should not be taken to infer that information is held that relates to this request
Under Section 16 of the FOI act, the force has to provide assistance and the following will provide alternative means that could assist.
An individual can ask for their own personal information under information rights process https://www.essex.police.uk/getmedia/cd3... please note that disclosure is limited to the individuals personal information. Applications can be made under our civil procedure (discretionary disclosure) for information needed for civil action, but this must be demonstrated and disclosure if appropriate may be limited. Otherwise it may be beneficial to approach the courts and for the courts to issue an order on Essex Police to enforce disclosure . If cases are ongoing it is likely that exemptions will apply for non-disclosure. Please find the following web link which provides further information https://www.essex.police.uk/about-us/dat...
I wish to apply for my right of access to information held on the Police National Computer?
The National Police Chief's Council (NPCC) Association of Chief Police Officers Criminal Records Office (ACRO) processes applications to access information held about you on the PNC. This includes information on:
No further actions outcomes
To apply for information held about you on the PNC, go to the National Police Chief's Council (NPCC) website - ACRO Criminal Records Office.
I wish to apply for the right of access to data held locally on Essex Police systems?
Right of access provides access to your personal data held locally by Essex Police, please refer to our subject access form (see attached) This form explains the information we require in order to process a request.
Applications are free of charge and can be sent to us by email – [Essex Police request email]
Completed applications will be processed (once we have been able to verify your identity) within one month.
If we decline your request to access personal information
Under the Data Protection Act 2018 we may have to decline your request to access the personal information we hold on you, this would be likely in the following scenarios;
1. the release of information could lead to the identification of another individual to whom we have a duty of confidence. This may be where our recorded information involves more than one individual, for example a crime report identifying both a victim and a suspect or offender. An offender will not normally be given personal details of victims and vice versa.
2. If disclosure of processed information would harm the prevention or detection of crime or the prosecution of criminal offences. For example, we won’t release intelligence about an individual under these provisions if it would allow them to evade detection or harm a criminal investigation.
Please be aware that when requesting information, we can only release details we have on you, as the applicant. We cannot provide information relating to other individuals. Any details not relating to yourself will be redacted.
The right of access to personal data is for individuals to be aware of, and verify, the lawfulness of the processing.
Thank you for your interest in Essex Police.
Information Rights Team
Information Management Department
Strategic Change Directorate
E-Mail: [email address]
If you require further information or wish to submit a request, please refer to the information found on the Commissioner’s website regarding submission of effective requests https://www.ico.org.uk/for_the_public/of...
Your right to complain
If you feel your request has not been properly handled, or you are otherwise dissatisfied with the outcome of your request you have the right to complain.
Complaints should be submitted within 20 working days from the date of this response and should be addressed to the Senior Information Officer at the above address or by email to: [Essex Police request email]
We will conduct a review to investigate your complaint and endeavour to reply within 20 working days.
Please explain which aspect of the reply you are not satisfied with, and if your complaint concerns the decision to apply an exemption it would assist the review if you would outline why you believe the exemption does not apply.
If you are still dissatisfied following our review, you have the right under section 50 of the Act to complain directly to the Information Commissioner. Before considering your complaint, the Information Commissioner would normally expect you to have exhausted the complaints procedures provided by Essex Police
The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or via https://ico.org.uk/
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