DPA Subject Access Guidance

Jules Mattsson made this Freedom of Information request to Metropolitan Police Service (MPS)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Metropolitan Police Service (MPS),

Could you please provide to me copies of internal MPS guidance on dealing with DPA Subject Access requests. This would include but not be restricted to policy documents, guides, memos and the like.

Yours faithfully,

Jules Mattsson

Metropolitan Police Service (MPS)

Dear Mr Mattsson

Freedom of Information Request Reference No: 2014020002769
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/02/2014.  I note you seek
access to the following information:

* Could you please provide to me copies of internal MPS guidance on
dealing with DPA Subject Access requests. This would include but not
be restricted to policy documents, guides, memos and the like.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within
the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference
to a third party.  In some circumstances the MPS may be unable to
achieve this deadline.  If this is likely you will be informed and
given a revised time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
write quoting the reference number above.

Yours sincerely

Ms A. Ali
Public Access Office
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr Mattsson

Freedom of Information Request Reference No: 2014020002769
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/02/2014.  I note you seek
access to the following information:

* Could you please provide to me copies of internal MPS guidance on
dealing with DPA Subject Access requests. This would include but not
be restricted to policy documents, guides, memos and the like.

Your request is being considered in accordance with the Freedom of
Information Act 2000 (the Act).  Unfortunately the MPS will be unable
to forward a response within the statutory timescale of 20 working
days as defined by the Act, subject to the information not being
exempt or containing a reference to a third party.  

This delay is due to ongoing enquiries to ensure we have gathered all
the relevant information to be considered for disclosure.

May I offer a revised date for disclosure of Monday 7th April.

I apologise for any inconvenience caused.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
write or contact Maureen McGuire on telephone number 0207 161 4511
quoting the reference number above.

Yours sincerely

Maureen McGuire
Quality and Assurance Advisor
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Hi,

Thanks for the update and revised timescale, much appreciated.
May I ask if you would be able to provide what you've been able to gather so far now and anything further by the 7th?

Thanks,

Jules Mattsson

Metropolitan Police Service (MPS)

Dear Mr Mattsson

Freedom of Information Request Reference No: 2014020002769
Thank you for your recent email dated 25th March. I write in connection
with your request for information which was received by the Metropolitan
Police Service (MPS) on 27/02/2014.  I note you seek access to the
following information:

* Could you please provide to me copies of internal MPS guidance on
dealing with DPA Subject Access requests. This would include but not
be restricted to policy documents, guides, memos and the like.

Unfortunately it will not be possible to disclose documents to you in
part response to your request. Any documents relevant to your request
will need to be considered collectively prior to disclosure.
 
Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
write or contact Maureen McGuire on telephone number 0207 161 4511
 quoting the reference number above.

Yours sincerely

Maureen McGuire
Quality and Assurance Advisor
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Okay, thanks for the prompt response.

Jules Mattsson

Dear Metropolitan Police Service (MPS),

I understand that today was due to be the revised date of response to this request, which was already late. Is there any update please?

Yours faithfully,

Jules Mattsson

Metropolitan Police Service (MPS)

Dear Mr Mattsson

Freedom of Information Request Reference No: 2014020002769
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/02/2014.  I note you seek
access to the following information:

* Could you please provide to me copies of internal MPS guidance on
dealing with DPA Subject Access requests. This would include but not
be restricted to policy documents, guides, memos and the like.

Your request is in the process of being considered in accordance with
the Freedom of Information Act 2000 (the Act).  Unfortunately further
to my last email / letter to you and our phone conversation, there
will be further delay. This is due to a lack of Senior Management
resources who are required to peruse information the MPS may ot not
hold for consideration regarding disclosure under FOI. Once this has
been completed I will then need to draft a response based on the
Decision Makers advice.

I can only apologise for this further delay and any inconvenience
caused. I hope to forward you a response within the next few days.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
write or contact Maureen McGuire on telephone number 0207 161 4511
quoting the reference number above.

Yours sincerely

Maureen McGuire
Quality and Assurance Advisor
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Dear Ms.McGuire,

Thank you for your updates on this request, but it is coming close now to a month overdue. You said a week ago that a response should be ready in the next few days, obviously it is a bank holiday currently so will it be likely provided on the first working day afterwards? Thanks.

Yours faithfully,

Jules Mattsson

Dear Metropolitan Police Service (MPS),

This is the third (one here and one direct email as advised) followup I have sent about this request. It is now a month overdue and a complaint is being sent to the ICO. Could you please advise as to what the stage of the request is currently and reply fully as a matter of urgency. Thank you.

Yours faithfully,

Jules Mattsson

Metropolitan Police Service (MPS)

Dear Mr Mattsson
Freedom of Information Request Reference No: 2014020002769
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/02/2014.  I note you seek
access to the following information:

* Could you please provide to me copies of internal MPS guidance on
dealing with DPA Subject Access requests. This would include but not
be restricted to policy documents, guides, memos and the like.

Your request is in the process of being considered in accordance with the
Freedom of Information Act 2000 (the Act).  

During our last phone conversation, I informed you I was in receipt of
information from Senior Management. However since then this information
has needed to be further reviewed regarding suitability for disclosure,
hence the extra delay.
I have unexpectedly been away from the office and apologise for the delay
in updating you and any inconvenience caused as a consequence of the delay
in finalising a response to you. I hope to be in a position to forward you
a final response by the end of the week.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.
COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Maureen McGuire on telephone number 0207 161 4511 quoting the
reference number above.

Yours sincerely

Maureen McGuire
Quality and Assurance Advisor
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require the Metropolitan Police Service (MPS) to
review their decision.
Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint
If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.
Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:
FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]
In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner
After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Jules Mattsson

Afternoon,

Thanks for letting me know the situation, wasn't aware you were out of the office (would be handy if the PAO customer services staff were aware of such things).

Is there any update this week?

Thanks,

Jules Mattsson

Hello again,

Could you tell me please what's going on and why this request is still waiting for a response, more than a months late? If you're still awaiting clearance from managers outside of the PAO, could you please remind them of the legal obligations that are being broken here. I can understand, of course, short delays but this is something else.

Thanks,
Jules

Metropolitan Police Service (MPS)

Dear Mr Mattsson

Freedom of Information Request Reference No: 2014020002769
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 27/02/2014.  I note you seek
access to the following information:

* Could you please provide to me copies of internal MPS guidance on
dealing with DPA Subject Access requests. This would include but not
be restricted to policy documents, guides, memos and the like.

Thank you for your email of 12th May. Your request is being considered
in accordance with the Freedom of Information Act 2000 (the Act).
 Unfortunately the information is still being perused to ascertain
material that is suitable for disclosure. Our IT System, MetRIC was
down last week so progress couldn't be made with your case. I can only
apologise for the time it is taking to respond to your request and any
inconvenience caused. Thank you for your patience. I will endeavour to
get a response out to you as soon as possible.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
Maureen McGuire quoting the reference number above.

Yours sincerely

Maureen McGuire
Quality and Assurance Advisor
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Thanks for updating me as to the situation. Do you think a response is likely to be provided this week?

Yours faithfully,

Jules Mattsson

Metropolitan Police Service (MPS)

Hi

I am currently away from the office. My anticipated date of return is Wednesday 14th May.

In my absence if you are an MPS Police Officer or Police Staff please forward any FOIA queries to 'DOI Mailbox - FOIA QA Team.

If you are not an MPS Police Officer or Police Staff please forward any FOIA queries to '[email address]'

This email has not been auto-forwarded.

Thank you.

Mo
 
 

Total Policing is the Met's commitment to be on the streets and in your communities to catch offenders, prevent crime and support victims. We are here for London, working with you to make our capital safer.

Consider our environment - please do not print this email unless absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to copyright and/or legal privilege and are intended solely for the use of the intended recipient. If you have received this email in error, please notify the sender and delete it from your system. To avoid incurring legal liabilities, you must not distribute or copy the information in this email without the permission of the sender. MPS communication systems are monitored to the extent permitted by law.

Consequently, any email and/or attachments may be read by monitoring staff. Only specified personnel are authorised to conclude any binding agreement on behalf of the MPS by email. The MPS accepts no responsibility for unauthorised agreements reached with other employees or agents. The security of this email and any attachments cannot be guaranteed. Email messages are routinely scanned but malicious software infection and corruption of content can still occur during transmission over the Internet. Any views or opinions expressed in this communication are solely those of the author and do not necessarily represent those of the Metropolitan Police Service (MPS).

Find us at:
Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

8 Attachments

Dear Mr Mattsson

Freedom of Information Request Reference No: 2014020002769

I write in connection with your request for information  which was
received by the Metropolitan Police Service (MPS) on 27/02/2014.  I note
you seek access to the following information:

·        Could you please provide to me copies of internal MPS guidance on
dealing with DPA Subject Access requests. This would include but not be
restricted to policy documents, guides, memos and the like.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
with the MPS Directorate of Information

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to partially disclose the records held by the MPS.:

* Some records will be disclosed in full.

* Other  have also been disclosed subject to the deletion / redaction of
information pursuant to the provisions of section 40(2), 31(1)(a)(b),
42(1) of the Freedom of Information Act 2000 (the Act).

REASONS FOR DECISION

Section 40(2) - Personal Information

Information that would identify or could assist to the identification
of individuals is exempt from disclosure by virtue of Section 40(2) of
the Act.  In this instance there are names or initials of individuals
that, even though they are  MPS employees, their names were used
throughout the docement as an 'example individual' within the unit to
contact only. There are also instances throughout the document  where
individuals that are no longer MPS employees have been named.  With
these factors in mind I have applied the exemption provided under
Section 40(2) of the Freedom of Information Act to the personal data
described as the first condition, defined in subsection 3(a)(i) of
Section 40 has been satisfied. which is why this exemption has been
applied.
In order for the exemption provided under Section 40(2) to be engaged
disclosure of the requested information must satisfy either the first
or second condition as defined by subsections 3 and 4.  
Having reviewed the requested data I have decided that disclosure of
some of this information would breach Principle One of the Data
Protection Act, fair and lawful processing.  
This exemption is both absolute and class based. When applied, it is
accepted that harm would result from disclosure. There is accordingly
no requirement to consider whether release of information is in the
public interest or demonstrate what harm would result from disclosure.

Section 31(a) and (b) - Law enforcement

The information you have requested is also further partially exempt by
vertue of Section 31(a) and (b) of the Act.

Information that is not exempt information by virtue of Sec 30 is
exempt information if it's disclosure under the Act would, or would be
likely to prejudice the apprehension or prosecution of offenders. This
exemption can be applied after evidencing the harm, which would be
caused by release of information and following the Public Interest
Test (PIT). The purpose of the PIT is to establish whether the 'Public
Interest' lies in disclosing or witholding the requested information.

Section 31 is a prejudice based, qualified exemption and therefore we
are required to consider both the prejudice that would be likely to
arise from disclosure and the public interest test.  

Evidence of Harm

Some of the information contained within the requested documents
would, if disclosed, be likely to prejudice the prevention or
detection of crime or the apprehension or prosecution of offenders.
 The standard operating procedures outline the actions required of PAO
if it is identified, during the course of processing a Subject Access
Request, that information relates to ongoing criminal activity.

Disclosure of our procedures relating to criminal matters would be
likely to cause harm to the MPS as it would reveal our processes for
dealing with such matters.  

Public interest considerations favouring disclosure

Full disclosure of the requested information would provide the public
with a complete overview of the processes followed by PAO staff.
 Therefore this would improve transparency with MPS procedures.

Public interest considerations favouring non-disclosure

It would not be in the best interests of the public to disclose any
information that would reveal procedures relating to law enforcement.
 Such information is intended to assist with the core functions of the
MPS such as the detection of crime and the apprehension of offenders.
 Disclosure of such information would prejudice these functions and
place the public at increased risk of becoming a victim of crime.

Balance Test
After weighing up the competing interests I have determined that the
exempt information must be redacted.  I have given significant thought
to the disclosure of these details and I feel that the public interest
considerations favouring disclosure are met by the information that is
not exempt which has been provided.

Section 42(1) - Legal Professional Privilege

In addition the requested information is partially exempt by vertue of
Sec 42(1) of the Act.

Legal Professional Privillege is a class based exemption held ofor the
purpose of an investigation and therfore would prejudice the
apprehension or prosecution of offenders.
The Information Commissioner's Guidance states that Legal Professional
Privilege protects confidential communications between lawyers and
clients.  It goes on to say that this is a fundamental principle of
English law.
This covers both direct communications such as letters containing
legal advice as well as communications within meetings - which would
be recorded in minutes.  Where entire documents are covered by legal
privilege they are fully exempt, this includes the documents held by
Public Access Office.  Where legal advice or communications is
included in other documents that legally privileged information has
been redacted, this includes proposals/briefing notes and minutes of
meetings.
Like Section 31 the exemption provided under Section 42 is qualified
therefore we are required to conduct a public interest test however it
is class based and therefore does not require a prejudice test.  

Public Interest Test - Factors Favouring Disclosure
It is in the public interest to disclose information which shows that
the action's taken by the MPS were legally sound and in-line with
relevant legal advice.  This information may enhance the public's
understanding of decisions taken.
Public Interest Test - Factors Favouring Exemption
There is a strong public interest in maintaining the principle behind
the legal professional privilege exemption.  The Information
commissioner's Office guidance states: "The general public interest
inherent in this exemption will always be strong due to the importance
of the principle behind LPP: safeguarding openness in all
communications between client and lawyer to ensure access to full and
frank legal advice, which in turn is fundamental to the administration
of justice."  The information covered by Legal Professional Privilege
has been considered by a senior lawyer at our Directorate of Legal
Services and it has been confirmed that it is privileged information.
 I believe that disclosing privileged information would undermine the
process for obtaining legal advice and may have a "chilling effect" in
terms of the future provision of honest and frank advice.
Balance Test
It is accepted that there is a high level of public interest in
maintaining the principle behind the Legal Professional Privilege.
 Subsequently in respect of this exemption the starting point of the
balance test is that it is weighted towards non-disclosure.  As such
there needs to be compelling arguments favouring disclosure in order
for the public interest test to outweigh this principle.  On this
occasion I have not identified sufficient public interest
considerations to support disclosure and therefore I have decided to
apply the exemption in respect of any legal privileged material.

Please therefore see the two attached document which contains the data
that you have requested, in redacted format.

     

Please see full disclosure of additional information attached below:

       

       

Please also see below links to information  in regards to your
request:

Data Protection Act 1998 (DPA) Compliance Standard Operating Procedure
(SOP)

http://www.met.police.uk/foi/pdfs/polici...

ACPO Data Protection Manual of Guidance

http://www.acpo.police.uk/documents/info...

Legal Annex

Section 17 of the Act provides:

(1)        A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the
request or on a claim that information is exempt information must,
within the time for complying with section 1(1), give the applicant a
notice which-

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 31(1)(a)&(b) of the Act provides:
(1)        Information which is not exempt information by virtue of
section 30 is exempt information if its disclosure under this Act
would, or would be likely to, prejudice—
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders

Section 40(2)&(3)(a)(i) of the Act provides:
(2)        Any information to which a request for information relates
is also exempt information if—
(a) it constitutes personal data which do not fall within subsection
(1), and
(b) either the first or the second condition below is satisfied.
(3)        The first condition is—
(a) in a case where the information falls within any of paragraphs (a)
to (d) of the definition of “data” in section 1(1) of the Data
Protection Act 1998, that the disclosure of the information to a
member of the public otherwise than under this Act would contravene—
(i) any of the data protection principles

Section 42(1) of the Act provides:
(1)        Information in respect of which a claim to legal
professional privilege or, in Scotland, to confidentiality of
communications could be maintained in legal proceedings is exempt
information

The Metropoliotan Police Service (MPS) acknowledges the delay to you
receiving a response to your request for information under the Freedom
of Information Act 2000. I would like to apologise for the delay and
any inconvenience caused.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached
paper entitled Complaint Rights which explains how to make a
complaint.  

Should you have any further enquiries concerning this matter, please
contact me at the address at the top of this letter, quoting the
reference number above.

Yours sincerely

Maureen McGuire
Quality and Assurance Advisor

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information,
the Metropolitan Police Service will not breach the Copyright, Designs
and Patents Act 1988. However, the rights of the copyright owner of
the enclosed information will continue to be protected by law.
 Applications for the copyright owner's written permission to
reproduce any part of the attached information should be addressed to
MPS Directorate of Legal Services, 1st Floor (Victoria Block), New
Scotland Yard, Victoria, London, SW1H 0BG.
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Dear Ms McGuire,

Thanks very much for the help and the response.

Yours,

Jules Mattsson

Dear Metropolitan Police Service (MPS),

I would like to request an internal review of all the redactions and exemptions applied to this response. If you have any questions please let me know. Apologies for the delay in requesting this, but it is within the 40 days. Thanks.

Yours faithfully,

Jules Mattsson

Dear Metropolitan Police Service (MPS),

Please accept a small change to my previous message, I am happy with the application of Section 40(2) and don't ask for this to be reviewed.

Yours faithfully,

Jules Mattsson

Metropolitan Police Service (MPS)

Dear Mr  Mattsson

Freedom of Information Request Reference No: 2014060002379

I write in connection with your request for a review of the original MPS
decision relating to 2014020002769 which was received by the Metropolitan
Police Service (MPS) on 22/06/2014.  

Your request for a review will now be considered in accordance with the
Freedom of Information Act 2000 (the Act).  You will receive a response to
your request for a review of the original MPS case within a timescale of
20 working days.  In some circumstances the MPS may be unable to achieve
this deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Yours sincerely

Peter Deja
Policy and Support Officer
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr Mattsson

Freedom of Information Request Reference No: 2014060002379

Further to our letter of 25/06/2014, unfortunately the MPS will not be
able to meet the response time in relation to your original case number
2014020002769.

The review is still ongoing and the MPS hope to respond to you by the 25th
July 2014.  

We will continue to update you should there be any further delay.

Yours sincerely

Mike Lyng
FOIA Quality and Assurance Advisor

COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr. Mattsson  

Freedom of Information Request Reference No: 2014060002379

Further to our update, I am now able to provide a response to your
complaint concerning your Freedom of Information Act (FOIA) request
(reference number: 2014020002769).  

I note that you originally sought access to the following:

"Could you please provide to me copies of internal MPS guidance on dealing
with DPA Subject Access requests. This would include but not be restricted
to policy documents, guides, memos and the like."

From your complaint, I can see that you were happy with the redactions
made under section 40(2) of the Act.  I have therefore not considered
these and instead have reviewed the redactions made under section
31(1)(a)(b) and section 42(1).  As a result I am only considering the
following redactions made to the Standard Operating Procedures for DPA
caseworkers - numbers 2 and 3 (page 3 - section 31(1)(a)(b)), numbers 5,
6, 7 and 8 (pages 15 and 16 - section 42(1)), and numbers 9 and 10 (page
20 - section 31(1)(a)(b)).

For your information, some text on page 15 of the document has not shown
up on your copy due to the colour of the text.  However this information
was not actually redacted.  I have therefore reproduced it for you below:
"Victim’s version of events if fully supported by the forensic evidence
found at venue together with a witness from the opposite flat.
Suspects injuries accidental sustained by jumping out of window.

Suspect has suffered extremely serious injuries (brain) he is unable to
talk or reason the long-term prognosis is poor and will remain in a high
dependency unit for the remainder of his life. (Only leave in, if the
applicant knows this, either by them telling us in their application form,
or being obvious from the dets in the Cris report)."

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to vary the original decision.

Upon review of the redacted information, I have today decided to overturn
the use of section 42(1) and provide the information redacted at points 5,
6, 7 and 8.  In addition I have decided to overturn the application of
section 31(1)(a)(b) to redaction number 9.  However, I am upholding the
remaining redactions (numbers 2, 3, and 10) under section 31(1)(a)(b).

The additional disclosure can be seen below:

Redaction 5:

"This action is in accordance with legal advice provided by MPS
Directorate of Legal Services Ref; L/19301/AC."

Redaction 6:

"This action is in accordance with legal advice provided by MPS
Directorate of Legal Services Ref; L/19301/AC."

Redaction 7:

"This action is in accordance with legal advice provided by MPS
Directorate of Legal Services Ref; L/19301/AC."

Redaction 8:

"This action is in accordance with legal advice provided by MPS
Directorate of Legal Services Ref; L/19301/AC."

Redaction 9:

"Application from a suspect seeking access to personal data held on
CRIMINT in order to determine the level and nature of police interest in,
or intelligence held on, him/her (use of the exemption in this manner
should be supported by the MPS Information Bureau (MIB) or SMT review)"

REASON FOR DECISION

Overturning the use of section 42(1) in relation to redactions 5, 6, 7 and
8

Upon review of the previously redacted information, it has been considered
that Legal Professional Privilege, and therefore section 42 of the FOIA,
applies to the legal advice itself and not the fact that advice was
obtained by the MPS.  It could reasonably be assumed that legal advice
would be sought on a policy document before its publication, and therefore
redacting the reference serves no useful purpose - particularly when the
advice itself has been disclosed as part of the information already
provided.  

Therefore I have today decided to overturn this exemption and have
provided the additional information above.

Overturning the use of section 31(1)(a)(b) in relation to redaction 9

It is my opinion that section 31(1)(a)(b) was not engaged in relation to
this information.

Disclosing another generic example of when section 29 of the Data
Protection Act may be engaged, as in this case, would not be significantly
likely to hinder our ability to prevent or detect crime or apprehend
offenders.  As disclosure was made of three other examples of when the
exemption can be used when responding to subject access requests I believe
that the harm in disclosing this additional text is reduced.  

Therefore I have today decided to overturn the use of this exemption in
relation to redaction 9 and have provided this information above.

Upholding the use of section 31(1)(a)(b) in relation to redactions 2, 3
and 10

In relation to the redactions made at points 2 and 3, and 10, I can
confirm that section 31(1)(a)(b) is engaged and the public interest test
does fall in favour of maintaining the exemption.  I therefore uphold the
decision made by Ms. McGuire.  

As I have today decided to uphold Ms. McGuire's application of section 31,
I believe it unnecessary to repeat her arguments verbatim.  However I hope
to reiterate a few of the most salient points in order to demonstrate why
I believe this decision was appropriate.

Harm Test

Providing the only two remaining redacted paragraphs would disclose
information that could be used by individuals to hinder our law
enforcement capabilities.  If we were to disclose these extracts of the
SOP we would be placing information in the public domain which would
inhibit our ability to detect crime and apprehend offenders.  This is
because it would disclose information around our processes when dealing
with subject access requests which relate to ongoing criminal activity or
investigations.

The prevention and detection of crime is the foundation upon which U.K.
policing is built.  The police have a clear responsibility to prevent
crime and arrest those responsible for committing crime and or those that
plan to commit crime.  A disclosure under the Act should not render our
tactics and procedures useless.  If we were to disclose this information
we would be enabling those with criminal intent the necessary information
to evade detection and, consequently, apprehension.  As a result
disclosure would be likely to result in increased opportunity to conduct
further criminal activity.

Public Interest Test

Disclosing these two paragraphs would demonstrate our commitment to
openness and transparency - the basis of the Act.  It would show we were
accountable in our practices and procedures - something that is
particularly important when dealing with the public's sensitive personal
information.

However, as discussed, it would be harmful to disclose information which
could be used by members of the public to evade detection and apprehension
for their crimes.  To provide this information would not only allow those
participating in criminal activity to do so without getting caught, but
consequently could result in further undetected criminal activity taking
place.

Balancing Test

The strongest factor favouring disclosure is obviously one of
accountability.  The strongest factor favouring non disclosure is the
protection of our law enforcement capabilities.  I think it is important
to consider here that we have such policies and procedures in place in
order to deal with personal information fairly and lawfully, and in line
with the Data Protection Act 1998.  Furthermore, we process this data in
line with our Fair Processing Notice, published on our website for your
convenience.  Therefore I believe that the argument for accountability is
satisfied by the fact that we comply with the associated legislative
requirements, and by the disclosure of the additional information made
today.  Thus it is my opinion that the balance falls in favour of
maintaining the section 31(1)(a)(b) exemption in relation to the remaining
two redacted paragraphs.

Although it is difficult to fully articulate this point without disclosing
the information that we are trying to protect, I do hope that the response
today (in addition to the arguments originally put forward by Ms. McGuire)
satisfies your request for an internal review.  Furthermore, I hope that
you are happy with the information already provided to you and the
additional disclosure made today.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further enquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Stroud
FOIA Quality and Assurance Advisor
COMPLAINT RIGHTS

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

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

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

Complaint

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

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

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

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

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

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

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

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Thank for for your considered review and the response, and for overturning some of the decisions to redact. I appreciate that it is difficult for you to describe the character of the further withheld information and the reasons for non-disclosure without giving over the information itself. For this reason I have referred the matter to the ICO who can cast an impartial eye over the redacted material.

Yours faithfully,

Jules Mattsson

Metropolitan Police Service (MPS)

Dear Mr Mattsson
 
Freedom of Information Appeal MPS Reference No: 2014100000018
 
I understand from the Information Commissioners Office (ICO) that you have
contacted them in relation to your request for information to the
Metropolitan Police Service (MPS) regarding FoIA request 2014020002769 and
Internal Review 2014060002379.
 
To confirm, on 27th February 2014 you requested the following information:
“Could you please provide to me copies of internal MPS guidance on dealing
with DPA Subject Access requests. This would include but not be restricted
to policy documents, guides, memos and the like”.
 
The Metropolitan Police Service (MPS) responded initially by providing
some information and engaged Section 40(2), Section 31(1)(a)(b) and
Section 42(1).
On the 22nd July 2014 we varied our decision within our Internal Review by
disclosing further information and withholding information under Section
31(1)(a)
and (b).
 
I note you were happy with the redactions made under Section 40(2) of the
Act and have not considered these. 
 
I have decided to overturn the decision around our use of Section
31(1)(a)(b).  The MPS will now be disclosing redaction 2 and 3 on page 3
and redaction 10 on page 20 as follows:
 
Redactions 2 and 3 – redacted under section 31
 
Emerald Warrant Management System (EWMS) against the information supplied
by the subject access applicant. In all cases a note should be put onto
MetRIC advising this has been done and the result (either no Trace or
confirmation of a Trace against applicant’s details together with
following action). This search allows us to identify if an applicant has
an outstanding warrant against their name. If this is the case contact
must be made with the associated warrants officer to confirm address /
contact details provided with the application to ensure outstanding
actions can be completed. A note must be added to the MetRIC action log
confirming the result and/or subsequent action following an EWMS search.
On rare occasion further processing of the case may interfere with a
related investigation and attempts to locate the individual in this
circumstance a section 29 exemption may be relevant and should be
discussed with a team leader.
Redaction 10 – section 31
There is a standard response for this exemption found on MetRIC and the
paragraph held in the letter states:
 
“The Data Protection Act places an obligation on the chief officer, when
holding personal data, to provide a copy of that information, (unless an
exemption applies), to you on request. From the personal details supplied
in your application, there is no information that the chief officer is
required to supply to you under the provisions of the Act.”
 
Other matters - Lateness
 
I understand from your correspondence with the ICO that you have raised
the issue of timeliness in respect to your responses.
 
The MPS always strives to complete all initial requests and internal
reviews within the 20 working days as stipulated by the Information
Commissioner’s Office.  Unfortunately this did not occur in your case.
 
The MPS regrets that your request and review took in excess of forty
working days to complete.  All staff have since been reminded of their
statutory obligations under the Act to complete initial requests and
internal reviews within the twenty working day deadline.
 
The MPS is extremely conscious of the fact that requests and internal
reviews should be completed within 20 working days of receipt and in
exceptional cases no more than 40 working days for Internal Reviews and
are striving hard to achieve the 20 working day target.  However we do
recognise that this was not the case in this instance and offer sincere
apologies for that fact.
 
The MPS takes it’s commitments to requests very seriously.  We continue to
make changes to our processes and have made significant improvements in
our performance in recent months..
 
Please accept our sincere apologies.
 
I hope that I have covered all the aspects as outlined in your initial
letter to the ICO and should you have any further inquiries concerning
this matter, please do not hesitate to contact me as above quoting the
reference number above.
 
Yours sincerely
 
Ms Minhas
Higher Information Manager
Public Access Office
Metropolitan Police Service
 
 

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