Dear Essex Police,

I would like to know the law and your policy on cctv in holding cells

Specifically, in law, what gives the police the right to record intimate
moments in the bathrooms contained within the holding cell?

Also how do you comply with CCTV guidelines set out by the
information commissioner?

Yours faithfully,

Sarah Beth

Data FOI Essex,

1 Attachment

Thank you for your enquiry which has been logged under the above reference 12855.

Under the Freedom of Information Act we are required to reply within 20 working days. The Act does not specify a limit to the number of information requests a public authority may receive or the number of requests or questions an applicant may submit. However, there are exemptions in the Act that can apply and these include where the cost of complying with the request would extend beyond the reasonable cost limit, (currently 18 hours or £450), or if the request is otherwise manifestly unreasonable in its scope or nature.

Requests that ask a great many questions, or a number of detailed requests submitted at the same time, may make it necessary for Essex Police to refuse the requests wholly or in part. The exemption at s14 may be engaged if the burden on the authority is increased through multiple requests on differing subjects

The Information Commissioner’s Office (ICO) has responsibility for providing oversight and guidance for the legislation and they have produced advice for applicants on submitting effective requests. Further information can be found on the Commissioner’s website at www.ico.gov.uk specific information relating to submitting a request can be found at: https://ico.org.uk/for-the-public/offici...

While we process your request, please take the time to consider the ICO’s advice and whether you feel it may be beneficial to amend or refine your request. Our team is happy to discuss your request with you and will be able to provide advice as to what kind of information will be available from Essex Police.

Kind regards,

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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Data FOI Essex,

1 Attachment

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

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held. Where exemptions are
relied upon Section 17 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:

Having completed enquiries within Essex Police, we are able to respond as
follows:

I would like to know the law and your policy on cctv in holding cells

 

Specifically, in law, what gives the police the right to record intimate
moments in the bathrooms contained within the holding cell?

 

Also how do you comply with CCTV guidelines set out by the information
commissioner?

 

Having completed enquiries within Essex Police and in respect of Section
1(1)(a), Essex Police does hold information relating to your request,
Essex Police can confirm in respect of Section 1(1)(b) the below link
producing a procedure document relating to digital CCTV Systems in
Custody, it has a section – 3.2.2. relating to toilet areas:

 

[1]https://www.essex.police.uk/about-us/pol...

 

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards

 

Information Rights Team

Information Management Department

Strategic Change Directorate – Essex Police HQ

Direct Dial 01245 452647 – ext 150030

[2]cid:image002.jpg@01D41A8E.7E26FEB0

 

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
[3]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: [4][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 [5]https://ico.org.uk/

 

 

 

 

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