Courts Martial Persec Considerations

Ministry of Defence did not have the information requested.

Dear Ministry of Defence,

In your FOIA reply on recent Courts Martial the names of the accused were omitted due to MOD Persec rules. Names and details of the offences are, however, published in Regional and/or National Newspapers.
Why?

In the case of RN offences the sex of the accused was published but not so the army ones.
Why?

Yours faithfully,

Grahame

CIO-FOI (MULTIUSER), Ministry of Defence

Dear Grahame,

Thank you for your correspondence dated, 25th January 2010 following up
a FOI response.

Could you please clarify who the response was from (name of the person
and his / her section)

I look forward to hearing from you.

Regards,

MOD

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Dear Ministry of Defence,
FOI 04 01 2010 155702 002 Ashby.doc refers

Yours faithfully,

grahame

DCDS PERS-SEC-FOI MAILBOX (MULTIUSER), Ministry of Defence

1 Attachment

Dear Grahame,

Please find attached a response to your FOI request.

Regards,

DCDS Pers Sec FOI

Dear DCDS PERS-SEC-FOI MAILBOX (MULTIUSER),

Thank you:
You have failed to explain why the same DPA rules do not apply to the accused's names appearing in newspapers

Yours sincerely,

grahame

DCDS PERS-SEC-FOI MAILBOX (MULTIUSER), Ministry of Defence

1 Attachment

Grahame,

Please find attached a response to your email.

Yours sincerely

DCDS Pers Sec FOI

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Dear DCDS PERS-SEC-FOI MAILBOX (MULTIUSER), What a nonsence this is. The Mod is prevented from disclosing the names of Court Martial accused but the Courts and the Newspapers aren't. Well!
Perhaps you will put to those who make these rules within MOD that they are somewhat out of touch.
Please advise when you have so contacted and their response.

Yours sincerely,

margaret

DCDS PERS-SEC-FOI MAILBOX (MULTIUSER), Ministry of Defence

Margaret,

As I explained in my response to you the Ministry of Defence has to
abide by the Data Protection Act 1998. Under that act the MOD as an
employer has a duty of care to their personnel and has a duty to protect
personal data, which in this case is referred to as Sensitive Personal
Data under Section 2 (g) and (h). The disclosure of this information has
to comply with the conditions contained at Schedule 2 and Schedule 3 of
the Act. These conditions were not met; therefore we are not obliged to
release the information.
The Information Commissioner's Office is the independent authority set
up to implement both the Data Protection Act 1998 and Freedom of
Information Act 2000. The Ministry of Justice is the sponsoring
department within the Government. I have attached the links to both of
these sites for your information.

The Information Commissioner's Office - http://www.ico.gov.uk/

The Ministry of Justice - http://www.justice.gov.uk/

If you are not satisfied with this response or you wish to complain
about any aspect of the handling of your request, then you should
contact me in the first instance. If informal resolution is not possible
and you are still dissatisfied then you may apply for an independent
internal review by contacting the Head of Corporate Information, 6th
Floor, MOD Main Building, Whitehall, SW1A 2HB (e-mail
[email address]). Please note that any request for an internal review
must be made within 40 working days of the date on which the attempt to
reach informal resolution has come to an end.

If you remain dissatisfied following an internal review, you may take
your complaint to the Information Commissioner under the provisions of
Section 50 of the Freedom of Information Act. Please note that the
Information Commissioner will not investigate your case until the MOD
internal review process has been completed. Further details of the role
and powers of the Information Commissioner can be found on the
Commissioner's website, http://www.ico.gov.uk.

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Dear DCDS PERS-SEC-FOI MAILBOX (MULTIUSER),

Yours sincerely,

margaret

Dear DCDS PERS-SEC-FOI MAILBOX (MULTIUSER),
"The MOD has to abide"
Who says so?

Yours sincerely,

margaret

DCDS PERS-SEC-FOI MAILBOX (MULTIUSER), Ministry of Defence

Margaret,

The MOD, like every other organisation which handles personal
information, is required to comply with the terms of the Data Protection
Act which was made law in 1998.

As I am sure you will appreciate, the administration of the Data
Protection Act is not the responsibility of the MOD and if you wish
further details I would suggest that you contact the Information
Commissioner's Office - http://www.ico.gov.uk/.

I thank you again for your enquiries and I hope that the above is
helpful but unfortunately there is nothing that we can usefully add on
this subject.

DCDS Pers Sec

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