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CCTV footage of a collision on Kings Street on the 6th of October 2017

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Alexandria Harris

Dear Metropolitan Police Service (MPS),

I am making this FOI request in respect of one specific set of data
that has been recorded on:

The CCTV camera on King Street, Covent Garden, City of Westminster, London WC2E facing the BOSE store.

I wish to obtain the video footage on the
Friday 6th of October from 09.10am hrs to 09.30am hrs.

This video will show me being hit by a reversing white van.
I sustained injury during this incident.

I am fully aware that the length of time prescribed by the law for
all the CCTV evidence above is subject to a maximum time to be
held on databases before it is 'wiped off' or 'recorded over'.

Therefore it is upon that basis that I hereby make this Freedom of
Information Act request.

Yours faithfully,

Alexandria Harris

Metropolitan Police Service (MPS)

Dear Ms Harris

PLEASE NOTE - please see advice section below.

Freedom of Information Request Reference No: 2017100000210

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 06/10/2017.  I note you seek
access to the following information:

* I am making this FOI request in respect of one specific set of data
that has been recorded on: The CCTV camera on King Street, Covent
Garden, City of Westminster, London WC2E facing the BOSE store. I wish
to obtain the video footage on the Friday 6th of October from 09.10am
hrs to 09.30am hrs. This video will show me being hit by a reversing
white van. I sustained injury during this incident. I am fully aware
that the length of time prescribed by the law for all the CCTV
evidence above is subject to a maximum time to be held on databases
before it is 'wiped off' or 'recorded over'. Therefore it is upon that
basis that I hereby make this Freedom of Information Act request.

Please accept this letter as an acknowledgement of receipt of your
request, which has been considered under the Freedom of Information Act
2000 (the Act).  

DECISION

The Metropolitan Police Service neither confirms nor denies that it holds
the information you have requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the Section
40(5) exemption.  This response therefore represents a Refusal Notice in
accordance with Section 17(1) of the Act.  Please see the legal annex for
the sections of the Act that are referred to in this letter.

REASON FOR DECISION

A Freedom of Information Act request is not a private transaction. Both
the request itself, and any information disclosed, are considered suitable
for open publication. This is because, under Freedom of Information, any
information disclosed is released into the wider public domain,
effectively to the world and not just to one individual.

In most cases Personal Data is exempt from disclosure under the Freedom of
Information Act as I will explain below.

To confirm or deny whether personal information exists in response to your
request could publicly reveal information about an individual or
individuals, thereby breaching the right to privacy afforded to persons
under the Data Protection Act.

Where an individual is requesting his or her own personal data the
information is always exempt.  Such information can be requested under
other legislation (please see the advice and assistance section below).

Where an individual is requesting third party personal data the MPS must
ensure that any action taken adheres to the principles of the Data
Protection Act 1998.  To clarify, the Freedom of Information Act only
allows disclosure of personal data if that disclosure would be compliant
with the Data Protection Act.

ADVICE AND ASSISTANCE

Please note: If the information requested relates to you (for example if
you are seeking a crime report where you were the victim/witness/suspect)
then you are able to request it via a Subject Access Request.  In order to
make a Subject Access Request please complete form 3019 (available from
any MPS Station, or from
https://beta.met.police.uk/request/reque...,
or by calling 020 7161 3500 available Mon - Fri between 10:00 and 14:00).
 Please note that proof of identification is required to process a
request. This process may also take up to 40 days from receipt of your
completed application.

This notice does not confirm or deny that the MPS holds the information
that you have requested.

Should you have any further enquiries concerning this matter, please
contactvia email at [email address], quoting the reference number above.

Yours sincerely

Peter Deja
Support Officer - Freedom of Information Triage Team

LEGAL ANNEX

Section 17(1) of the Act provides:

(1)        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.

Section 40(5) of the Act provides:

(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).
 
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Information Rights Unit
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113

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copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

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