Complaints made to facebook by Northumbria Police regards Infringes of copyright .

Martin McGartland made this Freedom of Information request to Northumbria Police This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Northumbria Police.

Martin McGartland

Dear Sir or Madam,

I am requesting this information under section 84 of the FOIA, 'information recorded in any form' as follows;

1. How many complaints have Northumbria Police made to facebook concerning alleged Infringes of copyright during the past 12 months and up until the date this request is answered.

2. Please supply full details of all/any complaints made, copies of all correspondence between Northumbria Police and facebook and also copies of all/any such complaints.

3. Please supply all information and documents concerning person(s) within NP who made such complaints to facebook and reason(s) and background for all/any such complaints.

I look forward to hearing from you concerning this matter.

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 21/07/11.

Yours sincerely

Jan Mcewan
Disclosure Section

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Northumbria Police

1 Attachment

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 22nd June 2011 in which you made a request
for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

1. How many complaints have Northumbria Police made to facebook concerning
alleged Infringes of copyright during the past 12 months and up until
the date this request is answered.

2. Please supply full details of all/any complaints made, copies of all
correspondence between Northumbria Police and facebook and also copies
of all/any such complaints.

3. Please supply all information and documents concerning person(s) within
NP who made such complaints to facebook and reason(s) and background
for all/any such complaints.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the
Corporate Communications Department of Northumbria Police who are primarily
responsible for making such complaints to Facebook. I can confirm that the
information you have requested is held in part by Northumbria Police.

I can confirm that an exhaustive log of every copyright complaint is not
held, nor required to be held as complaints of this nature are not made
at Force level, they can and are made by individuals as and when they are
identified. To attempt to calculate the number of such complaints would
mean physically asking members of relevant teams if they had ever made such
a complaint. This research would take over 18 hours and would not give a
definitive list as it would rely on staff providing accurate information
(rather than using Force data).

I can advise that in generic terms complaints are made by individuals where
our force logo, or a photograph/image which is copyright to the force has
been used without our permission. This is reported directly to Facebook
using the built-in reporting tool.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

(See attached file: FOI Complaint Rights.doc)

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347

[NOT PROTECTIVELY MARKED]
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Martin McGartland

Dear Northumbria Police,

I am concerned that NP are not dealing with this FOI request in the correct manner nor within the law.

I am not requesting an internal review at this stage.

You claim that; “Following receipt of your request, searches were conducted with the Corporate Communications Department of Northumbria Police who are primarily responsible for making such complaints to Facebook. I can confirm that the information you have requested is held in part by Northumbria Police.”

So why has this information, documents not been released to me? Part 2 of my request was very clear; 2. “Please supply full details of all/any complaints made, copies of all correspondence between Northumbria Police and facebook and also copies of all/any such complaints.” Moreover, I stated that; I am requesting this information under section 84 of the FOIA, 'information recorded in any form' ... “.

You will be aware that section 77 of the Act states that a criminal offence is committed if an authority alters, defaces, blocks, erases, destroys or conceals any information with the intention of preventing the applicant from receiving any of the information he is entitled to receive." Please ensure that all of the information, under section 84 of the FOIA, 'information recorded in any form' is released to me immediately, you have already confirmed that such information is available.

I am concerned that NP and also its DPA/FOIA unit are discriminating against me when I'm making FOIA/DPA requests. I have already been subjected to many years of discrimination by NP, its officers.

You also claim that;
"I can confirm that an exhaustive log of every copyright complaint is not held, nor required to be held as complaints of this nature are not made at Force level, they can and are made by individuals as and when they are identified. To attempt to calculate the number of such complaints would mean physically asking members of relevant teams if they had ever made such a complaint. This research would take over 18 hours and would not give a definitive list as it would rely on staff providing accurate information (rather than using Force data).

I have not asked for; " ... exhaustive log of every copyright complaint ...". I requested; "Please supply full details of all/any complaints made, copies of all correspondence between Northumbria Police and facebook and also copies of all/any such complaints."

A (Question): Are NP saying that they have no records, information of any kind concerning complaint/s made by them to facebook concerning requests made by NP for the removal of 0n-line data containing copyright material?

You also claim it would take over "18 hours" for this task, however, you have not given me any kind of estimate of how long it would take nor what the costs relating to same maybe.

I also note that you have not even suggested that my request could be narrowed down so that it could fall within the cost limit so that I could get at least some of the requested information. This is typical of NP flouting rules, regulations and laws while dealing with me, my cases in their desperate effort to conceal serious corruption and wrongdoing by those within NP command block and some of its most senior officers, however, it doesn't surprise me, I have been subjected to this despicable treatment for the best part of 20 years.

You also wrote; "I can advise that in generic terms complaints are made by individuals where our force logo, or a photograph/image which is copyright to the force has been used without our permission. This is reported directly to Facebook using the built-in reporting tool." However, my FOI request was very clear, i.e. I requested all information, as above, relating to complaints made by Northumbria Police to facebook. I requested copies of all information, correspondence between NP and facebook concerning all such complaints.

In the meantime while you are dealing with this matter can you please send me all information, as above, relating to all complaints made to facebook by Northumbria Police as follows;

1. How many complaints have Northumbria Police made to facebook concerning alleged Infringes of copyright during May and June 2011?

2. Please supply full details of all/any complaints made by NP to facebook during the months of May, June 2011, i.e., as above, please supply copies of all correspondence between Northumbria Police and facebook concerning all/any such complaints as well as copies of the complaints themselves.

3. Please supply all information and documents concerning person(s) within NP who made such complaints to facebook during May and June 2011 and also the reason(s) and background for all/any such complaints.

Please can you ensure that the information, documents which you refer to in your reply; "I can confirm that the information you have requested is held in part by Northumbria Police." as well as all of above information, correspondence, 1, 2 and 3 above, relating to complaint by NP to facebook during May and June 2011 is released to me immediately, while I am awaiting for you to deal with other matters, as above.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland,

Thank you for your email below.

Please be assured that I am making further investigations into this matter
on your behalf. Your further questions are being treated as a new request
and we will respond to you in accordance with the legislation.

Kind regards

Hayley

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial: 01661 868715
Email: [email address]

Freedom of Information Mailbox To Hayley Morrison/4209/Northumbria
Sent by: Jan McEwan Police/GB@Northumbria Police
cc
ext: 68732 Subject Re: Freedom of Information Act 2000
(FOIA) Request 472/11 - Copyright
19/07/2011 08:03 [NOT PROTECTIVELY MARKED][1]Link
Please think of the
environment before you print

From: Martin McGartland <[FOI #77328 email]>
on 18/07/2011 16:48 CET

To: [Northumbria Police request email]
cc:
Subject: Re: Freedom of Information Act 2000 (FOIA) Request 472/11
- Copyright [NOT PROTECTIVELY MARKED]

Dear Northumbria Police,

I am concerned that NP are not dealing with this FOI request in the
correct manner nor within the law.

I am not requesting an internal review at this stage.

You claim that; ***Following receipt of your request, searches were
conducted with the Corporate Communications Department of
Northumbria Police who are primarily responsible for making such
complaints to Facebook. I can confirm that the information you have
requested is held in part by Northumbria Police.***

So why has this information, documents not been released to me?
Part 2 of my request was very clear; 2. ***Please supply full details
of all/any complaints made, copies of all correspondence between
Northumbria Police and facebook and also copies of all/any such
complaints.*** Moreover, I stated that; I am requesting this
information under section 84 of the FOIA, 'information recorded in
any form' ... ***.

You will be aware that section 77 of the Act states that a criminal
offence is committed if an authority alters, defaces, blocks,
erases, destroys or conceals any information with the intention of
preventing the applicant from receiving any of the information he
is entitled to receive." Please ensure that all of the information,
under section 84 of the FOIA, 'information recorded in any form' is
released to me immediately, you have already confirmed that such
information is available.

I am concerned that NP and also its DPA/FOIA unit are
discriminating against me when I'm making FOIA/DPA requests. I have
already been subjected to many years of discrimination by NP, its
officers.

You also claim that;
"I can confirm that an exhaustive log of every copyright complaint
is not held, nor required to be held as complaints of this nature
are not made at Force level, they can and are made by individuals
as and when they are identified. To attempt to calculate the number
of such complaints would mean physically asking members of relevant
teams if they had ever made such a complaint. This research would
take over 18 hours and would not give a definitive list as it would
rely on staff providing accurate information (rather than using
Force data).

I have not asked for; " ... exhaustive log of every copyright
complaint ...". I requested; "Please supply full details of all/any
complaints made, copies of all correspondence between Northumbria
Police and facebook and also copies of all/any such complaints."

A (Question): Are NP saying that they have no records, information
of any kind concerning complaint/s made by them to facebook
concerning requests made by NP for the removal of 0n-line data
containing copyright material?

You also claim it would take over "18 hours" for this task,
however, you have not given me any kind of estimate of how long it
would take nor what the costs relating to same maybe.

I also note that you have not even suggested that my request could
be narrowed down so that it could fall within the cost limit so
that I could get at least some of the requested information. This
is typical of NP flouting rules, regulations and laws while dealing
with me, my cases in their desperate effort to conceal serious
corruption and wrongdoing by those within NP command block and some
of its most senior officers, however, it doesn't surprise me, I
have been subjected to this despicable treatment for the best part
of 20 years.

You also wrote; "I can advise that in generic terms complaints are
made by individuals where our force logo, or a photograph/image
which is copyright to the force has been used without our
permission. This is reported directly to Facebook using the
built-in reporting tool." However, my FOI request was very clear,
i.e. I requested all information, as above, relating to complaints
made by Northumbria Police to facebook. I requested copies of all
information, correspondence between NP and facebook concerning all
such complaints.

In the meantime while you are dealing with this matter can you
please send me all information, as above, relating to all
complaints made to facebook by Northumbria Police as follows;

1. How many complaints have Northumbria Police made to facebook
concerning alleged Infringes of copyright during May and June 2011?

2. Please supply full details of all/any complaints made by NP to
facebook during the months of May, June 2011, i.e., as above,
please supply copies of all correspondence between Northumbria
Police and facebook concerning all/any such complaints as well as
copies of the complaints themselves.

3. Please supply all information and documents concerning person(s)
within NP who made such complaints to facebook during May and June
2011 and also the reason(s) and background for all/any such
complaints.

Please can you ensure that the information, documents which you
refer to in your reply; "I can confirm that the information you
have requested is held in part by Northumbria Police." as well as
all of above information, correspondence, 1, 2 and 3 above,
relating to complaint by NP to facebook during May and June 2011 is
released to me immediately, while I am awaiting for you to deal
with other matters, as above.

Yours faithfully,

Martin McGartland

show quoted sections

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 16/08/11.

Yours sincerely

Jan Mcewan

Disclosure Section

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Martin McGartland

Dear Northumbria Police,

You informed me that; "Please be assured that I am making further investigations into this matter on your behalf. Your further questions are being treated as a new request and we will respond to you in accordance with the legislation."

Please will you explain why you have done this. NP have already stated that they have some on the information I have requested, however, they did not release it as they were required to do under the legislation.

Can you please release the information, documents which are available. It seems to me that you, NP are once again subjecting me to further and indeed unnessary delay. There is no reason whatsoever for you to deal with the above as a 'new request' when clearly it is not.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland,

I am making further investigations on your behalf in respect of this
particular request. This is in order to satisfy the queries set out in
your earlier email.

Kind regards

Hayley

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed. The message may contain
information that is covered by legal, professional or other privilege. No
mistake in transmission is intended to waive or compromise any such
privilege. This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses. It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Martin McGartland

Dear Northumbria Police,

I note what you say, however, I would expect NP to release all non-exempt material to me immediately.

NP are breaching the FOIA by subjecting me to deliberate and unnecessary delay and also by failing to release non-exempt information which I have requested.

NP are required to release the information which I requested, information which they confirmed they have. I have already asked you several times to release this information, however, you have not done so. The FOIA is very clear, i.e.
General right of access to information held by public authorities - (1) "Any person making a request for information to a public authority is entitled - (a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and (b) if that is the case, to have that information communicated to him."

As you know the FOIA states that it is a criminal offence to ‘alter, destroy, hide or deface’ information once a request has been made. NP are also expected to deal with all FOI requests as quickly as possible and without delay.

You can of course continue with your 'investigations', however, please release the above information, documents to me immediately, those which NP have already stated are available.

I look forward to receiving the above by return and would hope NP will not subject me to any further delay regards this matter.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

I note that NP have not replied to my 21st July 2011 correspondence and that they have still not released the non-exempt material to me even after I have made further request/s for them to do so.

Please will NP deal with above and also release all non-exempt material to me immediately.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

Thank you for your e-mail below, the contents of which have been noted.

The Freedom of Information Act gives members of the public access to
information held by the Force, it must be noted that the Act does not give
access to the documentation held by the Force. As you have stated, the
Act is very clear on this point regarding information.

It is not a requirement to provide copies of documentation held, the Act
gives access to the information held in those documents rather than the
documents themselves. I have attached a link to further information on
this point which you may find useful.

[1]http://www.justice.gov.uk/guidance/freed...

In response to your further query below, I have liaised further with the
Media Team that were originally consulted on this request. They have
confirmed that the only information held regarding your request, was the
information supplied to you in our original response. That is that
complaints are made by individuals where the force logo, or a photograph
which is copyright to the force has been used without permission.

As complaints are made by individuals rather than by the Force, numbers of
complaints made would be impossible to calculate without consulting every
member of the Northumbria Police work-force. As explained in our original
response, this would take over 18 hours and there is therefore no
requirement to respond to that part of your request.

We consulted the web team regarding any complaints that they may have made
during that time period and whilst they confirmed that they were aware
that complaints had been made, there was no record of these complaints
kept as there is no requirement to do so. Therefore no further information
on this subject was available for potential disclosure to you. Please
note, there is no requirement under the legislation to create records in
order to respond to requests made in this arena.

Having fully responded to your request and provided further advice,
Northumbria Police consider this matter closed.

Michael Cleugh

Data Protection and Disclosure Advisor
Legal Department

01661 868347

From: Martin McGartland <[FOI #77328 email]>
on 21/07/2011 20:43 CET

To: [Northumbria Police request email]
cc:
Subject: Re: Freedom of Information Act 2000 (FOIA) Request 538/11
- Copyright [NOT PROTECTIVELY MARKED]

Dear Northumbria Police,

I note what you say, however, I would expect NP to release all
non-exempt material to me immediately.

NP are breaching the FOIA by subjecting me to deliberate and
unnecessary delay and also by failing to release non-exempt
information which I have requested.

NP are required to release the information which I requested,
information which they confirmed they have. I have already asked
you several times to release this information, however, you have
not done so. The FOIA is very clear, i.e.
General right of access to information held by public authorities -
(1) "Any person making a request for information to a public
authority is entitled - (a) to be informed in writing by the public
authority whether it holds information of the description specified
in the request, and (b) if that is the case, to have that
information communicated to him."

As you know the FOIA states that it is a criminal offence to
**alter, destroy, hide or deface** information once a request has
been made. NP are also expected to deal with all FOI requests as
quickly as possible and without delay.

You can of course continue with your 'investigations', however,
please release the above information, documents to me immediately,
those which NP have already stated are available.

I look forward to receiving the above by return and would hope NP
will not subject me to any further delay regards this matter.

Yours faithfully,

Martin McGartland

show quoted sections

Martin McGartland

Dear Northumbria Police,

You end your latest correspondence by saying; “Having fully responded to your request and provided further advice, Northumbria Police consider this matter closed..”

This matter is far from 'closed'. I can also confirm that I will be making further complaints if it is not dealt with by NP correctly.

In your 18th July 2011 reply you stated;
“Following receipt of your request, searches were conducted with the Corporate Communications Department of Northumbria Police who are primarily responsible for making such complaints to Facebook. I can confirm that the information you have requested is held in part by Northumbria Police.”

I have asked NP a number of times to release all non-exempt material to me immediately, however, they have failed to do so. NP have not even supplied details of the 'information' which I requested and which they confirmed was 'held in part'.

Within your 29th July 2011 reply you say; “ ... only information held regarding your request, was the information supplied to you in our original response. That is that complaints are made by individuals where the force logo, or a photograph which is copyright to the force has been used without permission.” However, in your reply dated 18th July 2011, see above, you were stating; “Following receipt of your request, searches were conducted with the Corporate Communications Department of Northumbria Police who are primarily responsible for making such complaints to Facebook. I can confirm that the information you have requested is held in part by Northumbria Police.”

NP have still not dealt with my revised request as follows;

1. How many complaints have Northumbria Police made to facebook concerning alleged Infringes of copyright during May and June 2011?

2. Please supply full details of all/any complaints made by NP to facebook during the months of May, June 2011, i.e., as above, please supply copies of all correspondence between Northumbria Police and facebook concerning all/any such complaints as well as
copies of the complaints themselves.

3. Please supply all information and documents concerning person(s) within NP who made such complaints to facebook during May and June
2011 and also the reason(s) and background for all/any such complaints. Please can you now deal with above.

4. I also asked NP this simple question, however, I have yet to get an answer; “Are NP saying that they have no records, information of any kind concerning complaint/s made by them to facebook concerning requests made by NP for the removal of 0n-line data containing copyright material?

You will recall you wrote to me on the 25th July 2011 concerning following request; http://www.whatdotheyknow.com/request/no... and you stated following; “Telephone enquiry from a reporter at the Evening Chronicle asking:

"Question: Have we tried to get Facebook to remove a group called "Martin McGartland - Northumbria Police are not up to the job" and if so why?"

"Reason for Request: He had received a call to say this is the case.

Reply: Northumbria Police has requested the removal of on-line data containing copyright material."

24/06/11 - 12.24pm:

"Follow up telephone enquiry from same reporter:

Question: What is the copyright material?”

Reason for request: Clarification.

Reply: Force logo."

The above very clearly shows that NP did contact facebook to remove a force logo. It also shows that the person who dealt with the reporter must have spoken to a person/s within NP who either reported the matter to facebook or at the very least is aware of ther person who did so.

So why are NP still stating, as they have done in their reply of today, that; “In response to your further query below, I have liaised further with the Media Team that were originally consulted on this request. They have confirmed that the only information held regarding your request, was the information supplied to you in our original response. That is that complaints are made by individuals where the force logo, or a photograph which is copyright to the force has been used without permission.”

The above shows once again that NP is at it again, with their concealing information and documents, their obstructing and their continued cover-up when dealing with me and my case. This is being done to protect corrupt officers who are breaking the law and who are involved in dishonesty and other criminal activity when dealing with my my cases.

This request once again shows that NP and continuing with their hurtful and very damaging campaign of discrimination, victimisation and harassment against me. Those involved include Chief Constable Sue Sim; http://www.facebook.com/pages/Northumbri... Chief Superintendent Chris Thomson, Head of Northumbria Police's Professional Standards; http://www.facebook.com/pages/Northumbri... as well as a number of other Chief officers.

Please deal with this request correctly and ensure that I am supplied with all of the information I have been requesting and stop causing me further deliberate and unnessary delays.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

You have been supplied with a response to your request and further
clarification on that response.

Should you remain dissatisfied, you may wish to request an internal review
of the way your request has been handled.

Yours sincerely

Michael Cleugh

Data Protection and Disclosure Advisor
Legal Department

01661 868347

Martin McGartland To [email address]
<[FOI #77328 email]> cc
ext: Subject Re: Fw: Freedom of Information Act 2000
(FOIA) Request 472/11 - Copyright [NOT
29/07/2011 22:56 PROTECTIVELY MARKED]
Please think of the environment before you
print

Dear Northumbria Police,
You end your latest correspondence by saying; ***Having fully
responded to your request and provided further advice, Northumbria
Police consider this matter closed..***

This matter is far from 'closed'. I can also confirm that I will be
making further complaints if it is not dealt with by NP correctly.

In your 18th July 2011 reply you stated;
***Following receipt of your request, searches were conducted with
the Corporate Communications Department of Northumbria Police who
are primarily responsible for making such complaints to Facebook. I
can confirm that the information you have requested is held in part
by Northumbria Police.***

I have asked NP a number of times to release all non-exempt
material to me immediately, however, they have failed to do so. NP
have not even supplied details of the 'information' which I
requested and which they confirmed was 'held in part'.

Within your 29th July 2011 reply you say; *** ... only information
held regarding your request, was the information supplied to you in
our original response. That is that complaints are made by
individuals where the force logo, or a photograph which is
copyright to the force has been used without permission.*** However,
in your reply dated 18th July 2011, see above, you were stating;
***Following receipt of your request, searches were conducted with
the Corporate Communications Department of Northumbria Police who
are primarily responsible for making such complaints to Facebook. I
can confirm that the information you have requested is held in part
by Northumbria Police.***

NP have still not dealt with my revised request as follows;
1. How many complaints have Northumbria Police made to facebook
concerning alleged Infringes of copyright during May and June 2011?

2. Please supply full details of all/any complaints made by NP to
facebook during the months of May, June 2011, i.e., as above,
please supply copies of all correspondence between Northumbria
Police and facebook concerning all/any such complaints as well as
copies of the complaints themselves.

3. Please supply all information and documents concerning person(s)
within NP who made such complaints to facebook during May and June
2011 and also the reason(s) and background for all/any such
complaints. Please can you now deal with above.

4. I also asked NP this simple question, however, I have yet to get
an answer; ***Are NP saying that they have no records, information of
any kind concerning complaint/s made by them to facebook concerning
requests made by NP for the removal of 0n-line data containing
copyright material?

You will recall you wrote to me on the 25th July 2011 concerning
following request;
http://www.whatdotheyknow.com/request/no...
and you stated following; ***Telephone enquiry from a reporter at the
Evening Chronicle asking:

"Question: Have we tried to get Facebook to remove a group called
"Martin McGartland - Northumbria Police are not up to the job" and
if so why?"

"Reason for Request: He had received a call to say this is the
case.

Reply: Northumbria Police has requested the removal of on-line data
containing copyright material."

24/06/11 - 12.24pm:
"Follow up telephone enquiry from same reporter:
Question: What is the copyright material?***
Reason for request: Clarification.
Reply: Force logo."
The above very clearly shows that NP did contact facebook to remove
a force logo. It also shows that the person who dealt with the
reporter must have spoken to a person/s within NP who either
reported the matter to facebook or at the very least is aware of
ther person who did so.

So why are NP still stating, as they have done in their reply of
today, that; ***In response to your further query below, I have
liaised further with the Media Team that were originally consulted
on this request. They have confirmed that the only information held
regarding your request, was the information supplied to you in our
original response. That is that complaints are made by individuals
where the force logo, or a photograph which is copyright to the
force has been used without permission.***

The above shows once again that NP is at it again, with their
concealing information and documents, their obstructing and their
continued cover-up when dealing with me and my case. This is being
done to protect corrupt officers who are breaking the law and who
are involved in dishonesty and other criminal activity when dealing
with my my cases.

This request once again shows that NP and continuing with their
hurtful and very damaging campaign of discrimination, victimisation
and harassment against me. Those involved include Chief Constable
Sue Sim;
http://www.facebook.com/pages/Northumbri...
Chief Superintendent Chris Thomson, Head of Northumbria Police's
Professional Standards;
http://www.facebook.com/pages/Northumbri...
as well as a number of other Chief officers.

Please deal with this request correctly and ensure that I am
supplied with all of the information I have been requesting and
stop causing me further deliberate and unnessary delays.

Yours faithfully,
Martin McGartland

show quoted sections

Martin McGartland

I am not requesting an Internal Review at this stage.

Dear Northumbria Police,

In your 18th July 2011 reply you confirmed;

"Following receipt of your request, searches were conducted with the Corporate Communications Department of Northumbria Police who are primarily responsible for making such complaints to Facebook. I can confirm that the information you have requested is held in part by Northumbria Police."

Since then I have been asking NP to release that information to me, however, they have failed to do so.

Under the FOIA, help and assistance, I am requesting your help and assistance regarding this request, as follows;

1. Please supply me with a full and detailed explanation as to why NP are refusing to release non-exempt information to me, information which they confirm they hold, information which I have requested.

Yours faithfully,

Martin McGartland

Northumbria Police

1 Attachment

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 18 July 2011 in which you made a request for
access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

1. How many complaints have Northumbria Police made to facebook concerning
alleged Infringes of copyright during May and June 2011?

2. Please supply full details of all/any complaints made by NP to facebook
during the months of May, June 2011, i.e., as above, please supply
copies of all correspondence between Northumbria Police and facebook
concerning all/any such complaints as well as copies of the complaints
themselves.

3. Please supply all information and documents concerning person(s) within
NP who made such complaints to facebook during May and June 2011 and
also the reason(s) and background for all/any such complaints.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were again conducted with the
Corporate Communications Department of Northumbria Police.
I can confirm that, as your previous request, FOI 472/11 refers, I can
again confirm this information is not held, nor required to be held.

1. The Force do not hold records of complaints made to facebook concerning
alleged infringements of coyright during this period.

2. As the Force do not hold records of complaints made to facebook
concerning alleged infringements of coyright during this period - N/A

3. As the Force do not hold records of complaints made to facebook
concerning alleged infringements of coyright during this period - N/A

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

(See attached file: FOI Complaint Rights.doc)

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347

[NOT PROTECTIVELY MARKED]
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Martin McGartland

Dear Northumbria Police,

http://www.whatdotheyknow.com/request/no...
and you stated following; “Telephone enquiry from a reporter at the Evening Chronicle asking:

"Question: Have we tried to get Facebook to remove a group called "Martin McGartland - Northumbria Police are not up to the job" and if so why?"

"Reason for Request: He had received a call to say this is the case.

Reply: Northumbria Police has requested the removal of on-line data containing copyright material."

24/06/11 - 12.24pm:

"Follow up telephone enquiry from same reporter:

Question: What is the copyright material?”

Reason for request: Clarification.

Reply: Force logo."

The above very clearly shows that NP did contact facebook to remove a force logo. It also shows that the person who dealt with the reporter must have spoken to a person/s within NP who either reported the matter to facebook or at the very least is aware of
ther person who did so.

Please supply me with all of the information you have concerning all contact between facebook and NP relating to above, NP 'requested the removal of on-line data containing copyright material...' call it what you will, however, please release all of the information, that I have been requesting between NP and facebook relating to all matters concerning above, the request by NP, the complaint by NP to facebook.

Yours faithfully,

Martin McGartland

Northumbria Police

Dear Mr McGartland

As per another requet submitted by you, the Force held recorded
information regarding contact from a journalist on this subject. This
information has been supplied to you (please see FOI reference 535/11).

The Force hold no recorded information regarding complaints to Facebook. I
have been informed that contact with Facebook is done within the Facebook
web-site and is not recorded by the Force, nor is it required to be.

Please note, there is no requirement to create information in order to
respond to a request made through the Freedom of Information Act 2000.

Having provided you with clarification on this, Northumbria Police
consider this matter closed. Should you be dissatisfied with the response
that has been supplied, you may wish to request an internal review of the
way your request has been handled.

Yours sincerely

Michael Cleugh
Data Protection & Disclosure Advisor

From: Martin McGartland <[FOI #77328 email]>
on 10/08/2011 02:13 CET

To: [Northumbria Police request email]
cc:
Subject: Re: Freedom of Information Act 2000 (FOIA) Request 538/11
- Copyright [NOT PROTECTIVELY MARKED]

Dear Northumbria Police,

http://www.whatdotheyknow.com/request/no...
and you stated following; ***Telephone enquiry from a reporter at the
Evening Chronicle asking:

"Question: Have we tried to get Facebook to remove a group called
"Martin McGartland - Northumbria Police are not up to the job" and
if so why?"

"Reason for Request: He had received a call to say this is the
case.

Reply: Northumbria Police has requested the removal of on-line data
containing copyright material."

24/06/11 - 12.24pm:

"Follow up telephone enquiry from same reporter:

Question: What is the copyright material?***

Reason for request: Clarification.

Reply: Force logo."

The above very clearly shows that NP did contact facebook to remove
a force logo. It also shows that the person who dealt with the
reporter must have spoken to a person/s within NP who either
reported the matter to facebook or at the very least is aware of
ther person who did so.

Please supply me with all of the information you have concerning
all contact between facebook and NP relating to above, NP
'requested the removal of on-line data containing copyright
material...' call it what you will, however, please release all of
the information, that I have been requesting between NP and
facebook relating to all matters concerning above, the request by
NP, the complaint by NP to facebook.

Yours faithfully,

Martin McGartland

show quoted sections

Martin McGartland

Dear Northumbria Police,

On the 18th July 2011 you included the following in your reply; "We have now had the opportunity to fully consider your request and I provide a response for your attention. Following receipt of your request, searches were conducted with the Corporate Communications Department of Northumbria Police who are primarily responsible for making such complaints to Facebook. I can confirm that the information you have requested is held in part by Northumbria Police."

NP stated; "I can confirm that the information you have requested is held in part by Northumbria Police." It is that information that I have been requesting, however, NP continue to obstruct and conceal so that they can continue with their cover-up. By law, all non-exempt information should have been released to me. However, NP break the law left, right and centre, as is the norm, when dealing with me, my cases.

NP are now stating that; "The Force hold no recorded information regarding complaints to Facebook. I have been informed that contact with Facebook is done within the Facebook web-site and is not recorded by the Force, nor is it required to be." As a result of the above I am seeking further information under the FOIA as follows;

1. Please supply all information concerning how NP Infringes of copyright etc to facebook.

2. How many times have NP reported Infringes of copyright to facebook during the month of May, June and July 2011.

3. Supply full details and information regards reason/s for such reporting, regards 1 and 2 above, by NP to facebook during May, June and July 2011.

4. You say; "The Force hold no recorded information regarding complaints to Facebook." And that; "I
have been informed that contact with Facebook is done within the Facebook web-site and is not recorded by the Force, nor is it required to be." Is it not the case that facebook would require proof and or further information from NP (or others), that facebook would also be writing back to NP concerning such reports? If not, any tom, dick or harry could report anything to facebook. Please supply all the information sent to and received from facebook regarding 1, 2, 3 and 4 above.

5. Are NP saying that when they report to facebook regards 1, 2, 3 and 4 above that they do not keep any record at all of such report/s. Are they also saying that they do not enter into any type of correspondence with facebook regards above. Moreover, are NP saying they never contact facebook by telephone or by email?

I hope NP will stop breaching the act and that they will also stop delaying this matter. This matter is far from ' closed' as all of the above correspondence in this clearly shows. Please supply the information I originally requested and also the additional information I have requested in 1, 2, 3 and 4 above.

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 09/09/11.

Yours sincerely

Jan Mcewan

Disclosure Section

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Northumbria Police

1 Attachment

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 10 August 2011 in which you made a request
for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

"1. Please supply all information concerning how NP Infringes of
copyright etc to facebook.

2. How many times have NP reported Infringes of copyright to
facebook during the month of May, June and July 2011.

3. Supply full details and information regards reason/s for such
reporting, regards 1 and 2 above, by NP to facebook during May, June and
July 2011.

4. You say; "The Force hold no recorded information regarding
complaints to Facebook." And that; "I have been informed that contact with
Facebook is done within the Facebook web-site and is not recorded by the
Force, nor is it required to be." Is it not the case that facebook would
require proof and or further information from NP (or others), that
facebook would also be writing back to NP concerning such reports? If not,
any tom, dick or harry could report anything to facebook. Please supply
all the information sent to and received from facebook regarding 1, 2, 3
and 4 above.

5. Are NP saying that when they report to facebook regards 1, 2, 3
and 4 above that they do not keep any record at all of such report/s. Are
they also saying that they do not enter into any type of correspondence
with facebook regards above. Moreover, are NP saying they never contact
facebook by telephone or by email?

I hope NP will stop breaching the act and that they will also stop
delaying this matter. This matter is far from closed as all of the above
correspondence in this clearly shows. Please supply the information I
originally requested and also the additional information I have requested
in 1, 2, 3 and 4 above."

In response:

The Disclosure Section has received a large number of requests from you
and others dating from September 2009 onwards, many of these concern
operations involving the specific case of the shooting of Martin
McGartland, more recently the requests have covered subjects including
complaints, discipline policies, facebook and copyright, procedures,
statistics and incidents involving similar circumstances. Many of these
have correctly been classed as vexatious. A large number of the requests
have come through the same web-site and it would appear that these
requestors have been acting in concert due to the similarity, frequency
and nature of the requests submitted. It is relevant to take into account
the volume and frequency of submissions when considering whether requests
can fairly be regarded as obsessive in nature. Most of the responses
supplied by this department have subsequently been followed up by further
requests for information, requests for clarification and requests for
internal reviews.

Section 14 (1)- Freedom of Information Act 2000

Section 14 of the Freedom of Information Act does not oblige a public
authority to comply with a request for information if the request is
deemed as Vexatious.

An authority is not obliged to deal with requests that are manifestly
unreasonable or obsessive. The Information Commissioner***s Office (ICO)
guidance on vexatious requests states ***there is a risk that some
individuals and some organisations may seek to abuse these new rights with
requests which are manifestly unreasonable. Such cases may well arise in
connection with a grievance or complaint which an individual is pursuing
against an authority. While giving maximum support to individuals
genuinely seeking to exercise the right to know, the ICO***s general
approach will be sympathetic towards authorities where a request, which
may be the latest in a series of requests, would impose a significant
burden and can otherwise be characterised as obsessive or manifestly
unreasonable". It is clear that a Freedom of Information request is not
the appropriate arena within which to air a grievance or progress a
campaign against Northumbria Police.

Further to this, ICO guidance states ***A request may not be vexatious in
isolation, but when considered in context (for example if it is the latest
in a long series of overlapping requests or other correspondence) it may
form part of a wider pattern of behaviour that makes it vexatious***.
Clearly your requests when taken in context with the many other requests
received on these subjects form part of an ongoing campaign that can be
fairly called vexatious in nature. Please note that it is the subject of
the request that can be declared vexatious rather than the requestor and
it is therefore relevant to take into account all other requests received
and subsequent responses issued on these matters.

As it is believed that you are acting as part of a campaign group it is
entirely appropriate to take into account the requests made by other
members of that group on the same or similar subjects. The group has made
multiple requests to Northumbria Police, these requests due to their
volume cause a significant burden and divert staff away from their core
functions. It could also be argued that the volume of requests, requests
for clarification and internal review requests cause harassment to
Northumbria Police staff (whether intended or not).

Via the What Do They Know web-site, it is apparent that several requests
have been made to different public bodies on this subject including
Northumbria Police Authority, a number of other Police Forces and the
Crown Prosecution Service. These requests would all appear to be from
people acting in concert in an attempt to raise a grievance against
Northumbria Police.

Your requests are clearly part of this campaign and it is believed that
you are acting in concert with the other parties who have also submitted
substantially similar requests to various public bodies.

Whilst not at first apparent, when considered in context, it is clear that
your requests stem from the initial ongoing issue you have with
Northumbria Police. Your requests show a pattern of behaviour and each
request you have made has perpetuated the behaviour of your campaign
group.

I am therefore satisfied that your request is of a vexatious nature and I
therefore must advise you that further requests made under the Act, for
information relating to Martin McGartland, facebook and copyright,
informant information, police complaints and discipline policies,
procedures and statistics, incidents of the type that Mr McGartland was
involved in and related matters will not be acknowledged or responded to.

You should note that following this correspondence, we are not obliged to,
nor do we intend to, take any further steps in relation to any further
requests that are received that are deemed to fall into the remit of
vexatious.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner***s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed. The message may contain
information that is covered by legal, professional or other privilege. No
mistake in transmission is intended to waive or compromise any such
privilege. This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses. It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Martin McGartland (Account suspended) left an annotation ()

Further info regards the Northumbria Police, MHG cover-up into my attempted murder. Northumbria Police and HMG have for 12 years now lied, covered-up and protected IRA terrorists involved in my 1999 attempted murder;

https://www.facebook.com/MartinMcGartland

https://www.facebook.com/MartinMcGartlan...

https://www.facebook.com/MartinMcGartlan...

www.martinmcgartland.co.uk

For further info search for Martin McGartland Northumbria Police on facebook, google, you tube or anywhere on the net.

Dear Northumbria Police,

What you mean is that NP is now aware that top NP cops were behind the facebook complaints made against me, only me ... many others on facebook are using NP logo, photos. However, NP did not complain against them, why?

NP had all of the information I requested from day one, however I say they hid it and covered-up that too.

This is a request for an Internal review.

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

Further info regards the Northumbria Police, HMG cover-up into my attempted murder. Northumbria Police and HMG have for 12 years now lied, covered-up and protected IRA terrorists involved in my 1999 attempted murder;

https://www.facebook.com/MartinMcGartland

https://www.facebook.com/MartinMcGartlan...

https://www.facebook.com/MartinMcGartlan...

www.martinmcgartland.co.uk

For further info search for Martin McGartland Northumbria Police on facebook, google, you tube or anywhere on the net.

Northumbria Police

We acknowledge receipt of your request for an internal review of the
response you received in relation to the above mentioned Freedom Of
Information request.

We aim to provide a response to you within 20 working days of this
acknowledgement.
Yours sincerely

Helen Robbins

Disclosure Section
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed. The message may contain
information that is covered by legal, professional or other privilege. No
mistake in transmission is intended to waive or compromise any such
privilege. This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses. It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Martin McGartland (Account suspended) left an annotation ()

The Liars within Northumbria Police HQ have been caught out once again:

No one believes a word NP says anymore when it come to me, my cases. The NP HQ have been caught out so many times, they have been shown to be liars. Let’s have the truth, no more covering-up and no more protecting the Bent top cops, the Yes men and women within NP
HQ, those who are involved in very serious corruption;
http://www.whatdotheyknow.com/request/no...

Dear Sir or Madam,

I would refer you to the following request: http://www.whatdotheyknow.com/request/no... which is relevant to this request. The is now new evidence that shows that NP have been covering-up and lying concerning above case/s.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

By law you should have dealt with this review within 20 working days, by the 5th October 2011. You are once again breaching the FOIA and also causing me further and unnecessary delays. Please let me have your reply.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

Given you are now in breach of the law and the FOIA, insofar as you have not dealt with this request for internal review within the 20 working day limit, i.e. I requested an internal review on the 6th of September 2011.

You should have dealt with this request by no later than the 5th of October 2011. However, you did not do so. I wrote to NP within last few days, as above, to request a reply and for them to explain the delay but they have failed to reply. I then called your office today, (10/10/11), at around 3pm and spoke with Michael and I was surprised to be told by him that the FOIA manager, Hayley Morrison, was dealing with request/s. She nor NP have at any time informed me that they would be seeking an extension on this request, as is required under legislation, nor given any reasons for the delay. NP have been adamant, as above, when dealing with this request by claiming there was no information. If this is indeed the case, I am bound to ask why they are taking so long to deal with this matter.

I would be very grateful if you could let me know what is going on with this request. It is unsatisfactory that Hayley Morrison, as manager of you department, is dealing with this matter given she has had a great deal of involvement in all other requests I have made. It is also disturbing that she is breaching the act blatantly and refusing to keep me updated or at least replying to my correspondence in this matter. This is what happens when NP don't tell the truth and when they are involved in concealing and covering up wrongdoing.

I would ask that NP update me immediately as to what is going on with this request. NP must act within the legislation when dealing with this and all other matters. As it stands, Hayley Morrison and NP are flouting the law while dealing with me, this request. This of course is nothing new but they do need to explain themselves and also reply to my correspondence.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

Can I please have your reply or even a full update as to why your taking so long to deal with this internal review. My latest correspondence, as above, are being ignored by NP.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

I first made this request on the 22nd June 2011. On the 6th of September 2011 I requested an internal review. I did so after NP had refused to deal with my request correctly and after they failed to supply me with further detail/information which I had been requesting.

NP wrote to me on 7th September 2011 and confirmed; “We acknowledge receipt of your request for an internal review of the response you received in relation to the above mentioned Freedom Of
Information request. We aim to provide a response to you within 20 working days of this acknowledgement.”

NP did not deal with the internal review within the 20 working day limit. Moreover, as of today (28/10/2011) I have still not had NP’s reply/findings. I even wrote to NP on 6th October 2011, 10th October 2011 and again on the 25th October 2011. I have still not had a reply, an update or been given reason/s by NP for this very long delay.

The Information Commissioner good practice guidance states, Time limits under the FOIA,

http://www.ico.gov.uk/upload/documents/l...

"The FOIA does not stipulate a time limit for completion of an internal review, but the section 45 Code states that they should be dealt with in a reasonable timeframe. The Information
Commissioner’s view is that a reasonable time for completing an internal review is 20 working days from the date of the request for
review. Please refer to the ICO’s guidance: Time limits on carrying out internal reviews (Good Practice Guidance 5)".

It also states that;

"A one-stage review should be completed in 20 working days. In exceptional cases it may be appropriate to take longer but even in those cases it should not exceed 40 working days."

This case nor any of my other requests could be regarded as 'exceptional'. Please will you now let me have your reply/findings. NP have done nothing but subject me to long delays. They are also ignoring my correspondence and even failing to reply and or supply me with update/s on my cases.

Yours faithfully,

Martin McGartland

Dear Northumbria Police,

If you do not deal with this request within the next 7 days I can confirm that I will be making a complaint to the ICO.

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

Sue Sim and Northumbria Police - up to their old tricks yet again. Request relating to Martin McGartland requests to Northumbria Police is Upheld by Information Commissioner, see here: http://www.scribd.com/doc/72333438/Sue-S...

www.martinmcgartland.co.uk

Dear Northumbria Police,

I have this evening made a complaint to the ICO concerning this request.

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

Sue Sim and Northumbria Police said FOI request
relating to Martin McGartland attempted murder case was 'Vexatious'. The Information Commissioner has issued a Decision Notice against Sue Sim and Northumbria Police which states, 'The Commissioner finds that the force incorrectly applied section 14(1) to the request. He requires the public authority to respond to the request in accordance with the provisions of section 1 of the Act within 35
calendar days.' That complain was upheld by the Information-Commissioner, Decision Notice: http://www.scribd.com/doc/72333438/Sue-S...

www.martinmcgartland.co.uk

Northumbria Police

Dear Mr McGartland,

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the "Act")

Thank you for your email dated the 6th September 2011 in which you
requested a review of the response to your request for access to
information which may be held by Northumbria Police. May I take this
opportunity to apologise sincerely for the delay in our responding to you.
 The delay has been due to an inordinately high level of work in my
department.

You asked:
"1. Please supply all information concerning how NP Infringes of copyright
etc to facebook.

2 .How many times have NP reported Infringes of copyright to facebook
during the month of May, June and July 2011.

3. Supply full details and information regards reason/s for such
reporting, regards 1 and 2 above, by NP to facebook during May, June and
July 2011.

4. You say; "The Force hold no recorded information regarding complaints
to Facebook." And that; "I have been informed that contact with Facebook
is done within the Facebook web-site and is not recorded by the Force, nor
is it required to be." Is it not the case that facebook would require
proof and or further information from NP (or others), that facebook would
also be writing back to NP concerning such reports? If not, any tom, dick
or harry could report anything to facebook. Please supply all the
information sent to and received from facebook regarding 1, 2, 3 and 4
above.

5. Are NP saying that when they report to facebook regards 1, 2, 3 and 4
above that they do not keep any record at all of such report/s. Are they
also saying that they do not enter into any type of correspondence with
facebook regards above. Moreover, are NP saying they never contact
facebook by telephone or by email.

In response:

The Disclosure Section has received a large number of requests from you
and others dating from September 2009 onwards, many of these concern
operations involving the specific case of the shooting of Martin
McGartland, more recently the requests have covered subjects including
complaints, discipline policies, facebook and copyright, procedures,
statistics and incidents involving similar circumstances.  Many of these
have correctly been classed as vexatious.  A large number of the requests
have come through the same web-site and it would appear that these
requestors have been acting in concert due to the similarity, frequency
and nature of the requests submitted.  It is relevant to take into account
the volume and frequency of submissions when considering whether requests
can fairly be regarded as obsessive in nature.  Most of the responses
supplied by this department have subsequently been followed up by further
requests for information, requests for clarification and requests for
internal reviews.

Section 14 (1)- Freedom of Information Act 2000

Section 14 of the Freedom of Information Act does not oblige a public
authority to comply with a request for information if the request is
deemed as Vexatious.

An authority is not obliged to deal with requests that are manifestly
unreasonable or obsessive.  The Information Commissioner’s Office (ICO)
guidance on vexatious requests states “there is a risk that some
individuals and some organisations may seek to abuse these new rights with
requests which are manifestly unreasonable.  Such cases may well arise in
connection with a grievance or complaint which an individual is pursuing
against an authority.  While giving maximum support to individuals
genuinely seeking to exercise the right to know, the ICO’s general
approach will be sympathetic towards authorities where a request, which
may be the latest in a series of requests, would impose a significant
burden and can otherwise be characterised as obsessive or manifestly
unreasonable".  It is clear that a Freedom of Information request is not
the appropriate arena within which to air a grievance or progress a
campaign against Northumbria Police.

Further to this, ICO guidance states “A request may not be vexatious in
isolation, but when considered in context (for example if it is the latest
in a long series of overlapping requests or other correspondence) it may
form part of a wider pattern of behaviour that makes it vexatious”.
 Clearly your requests when taken in context with the many other requests
received on these subjects form part of an ongoing campaign that can be
fairly called vexatious in nature.  Please note that it is the subject of
the request that can be declared vexatious rather than the requestor and
it is therefore relevant to take into account all other requests received
and subsequent responses issued on these matters.

As it is believed that you are acting as part of a campaign group it is
entirely appropriate to take into account the requests made by other
members of that group on the same or similar subjects.  The group has made
multiple requests to Northumbria Police, these requests due to their
volume cause a significant burden and divert staff away from their core
functions.  It could also be argued that the volume of requests, requests
for clarification and internal review requests cause harassment to
Northumbria Police staff (whether intended or not).

Via the What Do They Know web-site, it is apparent that several requests
have been made to different public bodies on this subject including
Northumbria Police Authority, a number of other Police Forces and the
Crown Prosecution Service.  These requests would all appear to be from
people acting in concert in an attempt to raise a grievance against
Northumbria Police.

Your requests are clearly part of this campaign and it is believed that
you are acting in concert with the other parties who have also submitted
substantially similar requests to various public bodies.

Whilst not at first apparent, when considered in context, it is clear that
your requests stem from the initial ongoing issue you have with
Northumbria Police.  Your requests show a pattern of behaviour and each
request you have made has perpetuated the behaviour of your campaign
group.

I am therefore satisfied that your request is of a vexatious nature and I
therefore must advise you that further requests made under the Act, for
information relating to Martin McGartland, facebook and copyright,
informant information, police complaints and discipline policies,
procedures and statistics, incidents of the type that Mr McGartland was
involved in and related matters will not be acknowledged or responded to.

You should note that following this correspondence, we are not obliged to,
nor do we intend to, take any further steps in relation to any further
requests that are received that are deemed to fall into the remit of
vexatious.

Your request for review asked:

What you mean is that NP is now aware that top NP cops were behind the
facebook complaints made against me, only me ... many others on
facebook are using NP logo, photos. However, NP did not complain against
them, why?
     
NP had all of the information I requested from day one, however I say they
hid it and covered-up that too.
   
This is a request for an Internal review.
     
Your response to your request for review is as follows:
The opportunity has been taken to re-visit the response you were provided
 in response to your freedom of information request.

I am of the view that in this particular case, that your original response
should not have been exempted by virtue of the Section 14 Exemption.  

However, I note that you have submitted three previous requests on the
same subject to Northumbria Police on the same subject.  What I will say
is that your request with Northumbria Police reference number 538/11 which
was responded to on the 9th August 2011, it absolutely comparable to this
request.  

At that time, Northumbria Police provided a response in full to you and I
can confirm that this response is correct and accurate.

However, to assist, I will answer the question posed in your original
request.

1.        No information is held by Northumbria Police.  This information
is not recorded.

2.        No information is held by Northumbria Police.  This information
is not recorded.

3.        No information is held by Northumbria Police.  This information
is not recorded.

4.         I note your question here refers to the information that would
be required from Northumbria police by Facebook to support claims in the
matters you detail above.  As previously advised, Northumbria Police makes
any referrals via the Facebook website and their reporting procedure.  No
information is held within Northumbria Police on any reports made and you
will need to contact Facebook with regards to their processes in respect
of proof that they require from organisations or individuals making such
reports to them.

It is open to any individual or organisation to make referrals to Facebook
with regards to complaint or copyright using their online reporting
facility.

5.        I confirm again, that Northumbria Police make no record of those
referrals made to Facebook with regard to complaints of any nature,
including copyright.  No information is held with regards to any
correspondence from Facebook including letter and email.  There is no
information held in respect of any telephone calls made to Facebook by
Northumbria Police.

I hope that the above answers your questions as set out in your original
request. I believe now that this subject and the questions you have asked
have been answered in full, several times.  I feel that it would be
appropriate that any further requests of this nature be deemed as
vexatious and you should be aware that following the date of this email,
should any further requests be received into Northumbria Police on the
subject of Facebook and the use of Northumbria Police Copyright
information, the process of complaints being forwarded to Facebook and
subsequent actions arising out of that will be deemed as Vexatious by
virtue of Section 14 of the FOIA.

It is not appropriate to use FOI as a forum to pursue disputes or causes,
this is clearly inappropriate and the examination of the previous history
of the applicant and their requests to public authorities is also very
relevant to making an individual vexatious. Whilst it is the request and
not the applicant that can be made vexatious, the past behaviour of the
applicant will be relevant if the request/response perpetuates that
individual’s behaviour. This is clearly the case in this instance. You
have consistently followed up responses provided to you with further
e-mails with further questions on information you have received. The
Information Commissioner has accepted that such behaviour can be regarded
as evidence of an obsessive pattern of requests.

ICO guidance states that “A request may not be vexatious in isolation but
when considered in context (for example if it is the latest in a long
series of overlapping requests or other correspondence) it may form part
of a wider pattern of behaviour that makes it vexatious”.

This concludes my internal review into your request under the Freedom of
Information Act 2000. If you remain dissatisfied with the outcome of this
review then it remains open to you to refer this matter to the Information
Commissioner at the following address:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial:  01661 868715
Email:  hayley[email address]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

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If you are not the intended recipient be aware that any disclosure,
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References

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Dear Northumbria Police,

You are very well aware that I already made a complaint to the ICO on the 18th November 2011 concerning this request.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

Within your 25 November 2011 reply, as above, you stated the following;

"I confirm again, that Northumbria Police make no record of those referrals made to Facebook with regard to complaints of any nature, including copyright. No information is held with regards to any
correspondence from Facebook including letter and email. There is no information held in respect of any telephone calls made to Facebook by Northumbria Police."

Facebook have confirmed that Northumbria Police did make a complaint to them. They also stated that the 'reporting party was; " ‘reporting party’ was reporting party: "Notice#: [207700082607987]
Contact Information: Name - [Northumbria Police]
Email - [[email address]]"

They further stated that Northumbria Police had complained about; “The image (logo) of Northumbria Police and Detective Chief Superintendent Chris Thomson"

However, you will know that my other FOI request; http://www.whatdotheyknow.com/request/no... I asked; "I am requesting this information under section 84 of the FOIA, 'information recorded in any form' as follows; Can you please confirm if Northumbria Police and or its Press
Office have released any statements to the Press concerning Infringes of NP copyright on facebook ... as follows;
1. Have Northumbria Police, its Press Office dealt with any enquiries from the media, either verbal or written, concerning alleged Infringes of NP copyright on facebook etc during May and June 2011? If so please supply all information.

2. Please supply copies of all/any requests by the media as well as NP's replies, press statements, either verbal or written, relating to 1 above."

NP stated in their 25th July 2011 reply that; Northumbria Police Media and Communications Team has dealt with two enquiries regarding infringements of Northumbria Police copyright on Facebook during May and June 2011. They are detailed below.

23/06/11 - 3.03pm:

Telephone enquiry from a reporter at the Evening Chronicle asking:

Question: Have we tried to get Facebook to remove a group called "Martin McGartland - Northumbria Police are not up to the job" and if so why?

Reason for Request: He had received a call to say this is the case.

Reply: Northumbria Police has requested the removal of on-line data containing copyright material.

24/06/11 - 12.24pm:

Follow up telephone enquiry from same reporter:

Question: What is the copyright material?

Reason for request: Clarification.

Reply: Force logo."

I have attached further information as follows; http://www.scribd.com/doc/74436641/Here-...

Can you confirm that this matter will now be fully investigated. I would like to make a complaint. You will be aware that that I have already made a complaint to the ICO concerning this request.

I await to hear from you on this matter.

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

Northumbria Police

Dear Mr McGartland

You were provided with clarification regarding your request on copyright
(our reference 472/11) 29 July 2011.

You have separately been provided clarification on your request regarding
copyright press statements (our reference 535/11) 29 July 2011.

Both of these pieces of clarification are freely available on the what do
they know web-site.

As you appear to wish to make a complaint, I must advise you to contact
the Professional Standards Department. They can be contacted via telephone
(03456 043 043), or via the Northumbria Police web-site
(http://www.northumbria.police.uk/contact...)

Yours sincerely

Michael Cleugh
Data Protection & Disclosure Advisor

From:        Martin McGartland <[FOI #77328 email]>
on 02/12/2011 02:02

To:        FOI requests at Northumbria Police
<[Northumbria Police request email]>
cc:        
Subject:        Re: Freedom of Information request - Complaints made to
facebook by Northumbria Police  regards  Infringes of copyright .

     Dear Northumbria Police,
   
    Within your 25 November 2011 reply, as above, you stated the
    following;
   
    "I confirm again, that Northumbria Police make no record of those
    referrals made to Facebook with regard to complaints of any nature,
    including copyright. No information is held with regards to any
    correspondence from Facebook including letter and email. There is
    no information held in respect of any telephone calls made to
    Facebook by Northumbria Police."
   
    Facebook have confirmed that Northumbria Police did make a
    complaint to them. They also stated that the 'reporting party was;
    " ‘reporting party’ was reporting party: "Notice#:
    [207700082607987]
    Contact Information: Name - [Northumbria Police]
    Email - [[email address]]"
   
    They further stated that Northumbria Police had complained about;
    “The image (logo) of Northumbria Police and Detective Chief
    Superintendent Chris Thomson"
   
    However, you will know that my other FOI request;
   
http://www.whatdotheyknow.com/request/no...
    I asked; "I am requesting this information under section 84 of the
    FOIA, 'information recorded in any form' as follows; Can you please
    confirm if Northumbria Police and or its Press
    Office have released any statements to the Press concerning
    Infringes of NP copyright on facebook ... as follows;
    1. Have Northumbria Police, its Press Office dealt with any
    enquiries from the media, either verbal or written, concerning
    alleged Infringes of NP copyright on facebook etc during May and
    June 2011? If so please supply all information.
   
    2. Please supply copies of all/any requests by the media as well as
    NP's replies, press statements, either verbal or written, relating
    to 1 above."
   
    NP stated in their 25th July 2011 reply that; Northumbria Police
    Media and Communications Team has dealt with two enquiries
    regarding infringements of Northumbria Police copyright on Facebook
    during May and June 2011. They are detailed below.
   
    23/06/11 - 3.03pm:
   
    Telephone enquiry from a reporter at the Evening Chronicle asking:
   
    Question: Have we tried to get Facebook to remove a group called
    "Martin McGartland - Northumbria Police are not up to the job" and
    if so why?
   
    Reason for Request: He had received a call to say this is the case.
   
    Reply: Northumbria Police has requested the removal of on-line data
    containing copyright material.
   
    24/06/11 - 12.24pm:
   
    Follow up telephone enquiry from same reporter:
   
    Question: What is the copyright material?
   
    Reason for request: Clarification.
   
    Reply: Force logo."
   
    I have attached further information as follows;
   
http://www.scribd.com/doc/74436641/Here-...
   
    Can you confirm that this matter will now be fully investigated. I
    would like to make a complaint. You will be aware that that I have
    already made a complaint to the ICO concerning this request.
   
    I await to hear from you on this matter.
   
    Yours faithfully,
   
    Martin McGartland
   
   
   
   

show quoted sections

Martin McGartland

Dear Northumbria Police,

I have provided proof, as above, that Northumbria POlice have been lying about this and all of the other requests.

This matter is already in the hands of the ICO.

Yours faithfully,

Martin McGartland

Ben Harris left an annotation ()

The Information Commissioner has issued a Decision Notice (FS50435642) regarding this request:

“The Information Commissioner’s decision is that the public authority has correctly stated that to ascertain if it holds any data would exceed the appropriate limit.”
<http://www.ico.gov.uk/~/media/documents/...>

Martin McGartland (Account suspended) left an annotation ()

More cover-up. The ICO is a joke.

www.martinmcgartland.co.uk

Martin McGartland (Account suspended) left an annotation ()

Chris Thomson of Northumbria Police v's Jeremy Paxman - Martin McGartland cases - Paxman interviews detective chief superintendent Chris Thomson of Northumbria Police
SIO in the Martin McGartland attempted murder case: http://youtu.be/OHSLRsbAhlU

www.martinmcgartland.co.uk