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Drug possession

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Joseph Willian Ruairidh

Dear University of Winchester

I would like to make an FOI request querying how many times in the year 2016/17 did the university report a student to the police for possession of drugs?

If it is not possible to provide the information that has been requested, due to the information exceeding the cost of the compliance limits that are identified in Section 12, please provide advice, under your Section 16 obligations, as to how I may be able to refine my request to meet the requirements of the Act. 

Please let me know if you need any more information,

Yours faithfully,

Joseph Shaw

Melanie.Short, University of Winchester

Dear Joseph,

Thank you for your email. We are dealing with your freedom of information request and will respond within the next 20 days.

Kind regards,

Melanie Short
Interim Data Protection Officer
The University of Winchester

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Joseph.Dilger, University of Winchester

Dear Joseph,

Thank you for your 17 October Freedom of Information request on Drug possession, as below.

In line with 'The Guide to Freedom of Information' (FOI) produced by the ICO, that allows organisations extra time to consider the public interest test, which is the case here for the University of Winchester and your request (below).

This extra time to consider the public interest test is allowed, as the Guide notes:
"Can we have extra time to consider exemptions?
No, but if the exemption is qualified you can have extra time to consider the public interest test.
In doing so you must:
- identify the relevant exemption(s) before you can claim any extra time for the public interest test; and
- write and let the requester know why you are claiming extra time".

I am writing here to let you know as required:

identify the relevant exemption(s) before you can claim any extra time for the public interest test:

In the present case, I believe (as listed in the above FOI guide) that the 'sections 30 and 31 - investigations and prejudice to law enforcement' apply.
I base my professional view here both in light of the above FOI guide and also from having consulted the detailed guidance which respectively underpins each section for both 'section 30 - investigations' and 'section 31 - law enforcement';

and

write and let the requester know why you are claiming extra time:
We are claiming extra time here to consider the public interest test.
This is because the ICO's FOI guide (mentioned above) notes that "Both exemptions (s.30 and s.31) are qualified by the public interest test".
This will be done in line with the guidance on that test both in the FOI guide and also in the detailed guidance which underpins it.

-------------------------------------------------

The Guide also notes in terms of 'How much extra time can we have to consider the public interest test?'
"The law says you can have a “reasonable” extension of time to consider the public interest test.
We consider that this should normally be no more than an extra 20 working days, which is 40 working days in total to deal with the request. Any extension beyond this time should be exceptional and you must be able to justify it.
To claim this extra time, you must:
- contact the requester in writing within the standard time for compliance;
- specify which exemption(s) you are seeking to rely on; and
- give an estimate of when you will have completed the public interest test.

In line what that above additional guidance, having already answered the first two (of three) points here and earlier, on the third point of "give an estimate of when you will have completed the public interest test," my estimate of
when I (for the University) will have completed the public interest test, would be no more than an extra 20 working days from today (14 November) and I very much plan and intend that to be less and sooner.
You should therefore expect to have received a further response on this FOI request by no later than Wednesday 12 December 2018.

--------------------------------

Best wishes,

Joe Dilger CIPP/E CIPM
GDPR Project Lead and Interim Data Protection Officer.
Ext. 7670.

The University of Winchester.

Tel: 01962 827 670.

Email: [email address]

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Joseph.Dilger, University of Winchester

1 Attachment

Dear Joseph,

Thank you for your 17 October Freedom of Information request on Drug possession, as below.

Please see the attached final response on behalf of the University.

Yours sincerely,

Joe Dilger CIPP/E CIPM
GDPR Project Lead, Data Protection Officer and FOI Officer.

The University of Winchester.

Tel: 01962 827 670.

Email: [email address]

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