Formation of advice on crime mapping

william perrin made this Freedom of Information request to Information Commissioner’s Office

The request was partially successful.

From: william perrin

2 February 2011

Dear Information Commissioner’s Office,

you have been giving advice to various parties engaged in the
publication of the recent police 'crime maps'.

your press release of 1 february refers

http://www.ico.gov.uk/~/media/documents/...

the approximation of crime locations and aggregation of reported
crimes has caused public disquiet.

i request a copy of your final advice. however, publication of your
advice itself is not sufficient (i notice that your press release
does not refer to a published edocument).

there is a strong public interest in understanding how your office
arrived at the advice to which your press notice refers and the
nature of your dialogue with the principal actors as they formed
their opinions. in particular how your office balanced the public
interest factors with privacy issues.

i request all correspondence, records, emails, texts documents,
presentations, meeting notes etc and any other information you hold
that dicusses issues around crime mapping from May 2010 to date.
you note in your press release that advice needs to be kept under
review and such information will help the public help you in that
regard.

this should include your offices internal dialogue, dialogue with
the home office, other bits of government and their
representatives, other police bodies such as ACPO, individual
forces, lobby groups such as vicitims support organisations,
citizens and public office holders.

if you hold correspondence with bodies that are not covered by FOI
my understanding is that you are obliged to release that, including
their side of the correspondence such as an email chain.

I also request a simple list of organisations and members of the
public you consulted on the broad matter of crime mapping during
the period above in forming your advice.

If you cannot meet this request without exceeding cost limits then
please give me what information you can within the limit and
contact me to discuss what might be the most useful response.

Yours faithfully,

wiliam perrin

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Information Commissioner’s Office

2 February 2011

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2 February 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

Request for Information

Thank you for your earlier email requesting information regarding advice
given by the Information Commissioner’s Office regarding Crime Mapping.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 2 March 2011 which is 20
working days from the day after we received your request.

Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the
information is added directly to your case. However, please be aware that
this is an automated process; the information will not be read by a member
of our staff until your case is allocated to a request handler.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

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Information Commissioner’s Office

4 February 2011

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4 February 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

Further to your request for information regarding the advice given by the
Information Commissioner’s Office in relation to Crime Mapping, please
be aware that this information is available on our website under the
heading [2]Crime Mapping Advice.

We are currently collating the information relevant to the rest of your
request and, as previously explained, we will respond to your FOI request
by 2 March 2011.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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1. file:///tmp/rad3B183_files/filelist.xml
2. http://www.ico.gov.uk/~/media/documents/...

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Information Commissioner’s Office

2 March 2011

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2 March 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

Further to my email of 2 February, we are now in a position to respond to
your request for information regarding the advice provided by the
Information CommissionerÂ’s Office (ICO) in relation to crime mapping.

In this email we provide some background information explaining the
ICOÂ’s role and involvement in relation to the crime mapping initiative
and the approach taken to arrive at the advice we provided. The
information we hold relevant to your request falls into several broad
categories which are listed below and will be provided, where appropriate,
as attachments to further emails. Details of our internal review procedure
and how to complain about the way we have handled your information request
will be included in the final part of our response.

The broad categories of information held in relation to your request are:

o Information sources considered when producing our response to the
initiative.
o Versions of the crime mapping advice paper produced by the ICO.
o Information relating to the Crime Mapping Strategic Steering Group.
o Information relating to crime mapping in the context of the wider
Privacy and Transparency review being undertaken by the Cabinet
Office.
o Correspondence relating to the Windsor and Maidenhead local public
data panel discussion about crime mapping.
o Communications relating to the Home Office and ICO press releases
regarding crime mapping.
o Other information containing references to crime mapping.
o Correspondence between the ICO and the Home Office.
o Internal ICO correspondence.

Our Involvement - Background

We were originally consulted about crime mapping in 2008. In response, the
then Information Commissioner, Richard Thomas, wrote to the Minister Tony
McNulty on 5 August 2008 to outline the ICOÂ’s concerns in relation to
this initiative. We acknowledged that publishing details of crimes may
increase transparency concerning policing and enable closer community
working however we highlighted the need to strike a balance between such
public policy objectives and the privacy of victims. At that time we
acknowledged that the Metropolitan Police Service (MPS) and Greater London
Authority (GLA) had taken on board our concerns to establish an approach
which built in appropriate safeguards. In practice this meant that
reporting on crimes such as theft or burglary or motor vehicles would be
limited to ‘lower super output’ areas containing a minimum of 400
dwellings. Our view was that this significantly broadened the area to
which the information related which minimised the risk of any intrusion
into personal privacy and we suggested a higher threshold for offences
such as racially motivated offences or sexual offences.

Our Involvement - Current

With regard to the current initiative, we were contacted by the Home
Office on 27 August 2010 to request advice on the governmentÂ’s
commitment to publish crime data at a level at which the public can see
what is happening on their streets. We provided some initial advice in an
email to the Home Office on 10 September 2010.

After some further correspondence with the Home Office, we produced a
first version of our advice paper about crime mapping for wider
circulation on 10 November 2010. This advice was then updated and a final
version produced on 24 November which, as previously advised, is published
on our website. We were also invited to contribute to a local crime
mapping initiative in the Windsor and Maidenhead area. Although this is a
separate initiative, we see the broad issues as being the same.

We have also participated in the Crime Mapping Strategic Steering Group
run by the National Police Improvement Agency (NPIA) which is still
ongoing. Our role on the Steering Group is to provide independent
advice.    

Your Request

In your request you asked for “all correspondence, records, emails,
texts documents, presentations, meeting notes etc and any other
information you hold that dicusses (sic) issues around crime mapping from
May 2010 to date.
this should include your offices internal dialogue, dialogue with
the home office, other bits of government and their
representatives, other police bodies such as ACPO, individual
forces, lobby groups such as vicitims support organisations,
citizens and public office holders.”

As mentioned above, the relevant documents will be provided as attachments
to further emails where appropriate.

You also requested

“a simple list of organisations and members of the public you
consulted on the broad matter of crime mapping during the period above in
forming your advice.”

We do not hold any information relating to this part of your request as we
did not consult when producing our advice. We have said that it is a
‘live’ document and we will be prepared to update it to reflect
developments as these projects progress. As the implementation of crime
mapping is a Home Office initiative, the responsibility for consultation
lies with the Home Office and they have undertaken a Privacy Impact
Assessment which involved consulting with stakeholders.

The Data Protection Act will apply where crime mapping involves the
processing of personal data and we have advised that organisations
responsible for the creation and publication of crime maps will be data
controllers and will need to comply with the legislation. We have
stressed that the effect of crime-mapping, particularly its impact on the
privacy of victims and others, must be monitored and assessed, given that
crime-mapping is relatively new in the UK. We have no doubt that the
precise pin-pointing of domestic premises where crimes have taken place
could have a significant impact on the privacy of individuals associated
with those premises.

Further information follows in four more emails.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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1. file:///tmp/radB85D3_files/filelist.xml

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Information Commissioner’s Office

2 March 2011


Attachment Crime Mapping Advice V2.0 Final Version.doc
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Attachment Crime Mapping Advice V1.0 10 11 10.doc
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Attachment Crime Mapping Advice V1.1 16 11 10 with typo.doc
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Attachment Crime Mapping Advice V1.1 16 11 10.doc
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Attachment Crime Mapping Advice V0.1 Initial Draft 9 11 10.doc
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Attachment Crime Mapping Advice V2.0 Draft 24 11 10.doc
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Attachment Crime Mapping Advice V0.1 Initial Draft with Diagrams 9 11 10.doc
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Attachment Information sources for CM response.pdf
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2nd March 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

Further to my previous email, please find attached information relating to
the following categories listed previously.

o Information sources considered when producing our response to the
initiative.
o Versions of the crime mapping advice paper produced by the ICO.

The information relating to the first category is contained in the PDF
file entitled “Information sources for CM response”. You will note
that there are a number of websites/URLÂ’s mentioned in the file which
should be accessible from your web browser.

All the different versions of crime mapping advice we produced are
attached, including the draft versions. The published version is called
“Crime Mapping Advice – V2.0 Final Version”. The other version
we provided to the Home Office was “Crime Mapping Advice – V2.0
10/11/10”.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

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Information Commissioner’s Office

2 March 2011


Attachment CM Steering Group Crime Categories and Definitions November 2010.xls.xls
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Attachment CM Steering Group Privacy Tariffs.docx.docx
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Attachment CM Steering Group Crime Data Guidance20101207.pdf.pdf
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Attachment CM Steering Group Crimemapping.screenprint.20101217.pdf.pdf
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Attachment CM Steering Group Risk Register Nov 2010.xls.xls
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Attachment CM Steering Group v2 Mockups.pdf.pdf
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Attachment CM Steering Group Papers Part 1.pdf
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Attachment CM Steering Group Papers Part 2.pdf
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2nd March 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

Please find attached eight files containing information relating to the
category referred to as “Information relating to the Crime Mapping
Strategic Steering Group.”

The two PDF files labelled “CM Steering Group Papers Part 1 & 2”
contain some redactions to third party personal data. The information
relating to other individuals is exempt from disclosure to you under
section 40(2) of the FOIA, by virtue of section 40(3)(a)(i), if the
disclosure of that information would breach any of the Data Protection
Principles contained within the DPA. In our view, providing the redacted
information to you in this case would breach the first data protection
principle of the DPA as these individuals would not expect their personal
details to be made publicly available. We are also of the view that
disclosing the personal data of the other participants is acceptable under
the circumstances because the details disclosed are already publicly
available from different sources, or the individual concerned has given
their consent to the disclosure.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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1. file:///tmp/rad28252_files/filelist.xml

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Information Commissioner’s Office

2 March 2011


Attachment Correspondence re Christopher Graham s meeting with Nigel Shadbolt.pdf
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Attachment ICO Intranet Statement Draft and Final.pdf
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Attachment Emails re Dr O Hara s recommendations.htm.html
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2nd March 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

Please find attached three files containing information relating to the
category referred to as “Information relating to crime mapping in the
context of the wider Privacy and Transparency review being undertaken by
the Cabinet Office.”

The PDF file labelled “Correspondence re Christopher Graham's meeting
with Nigel Shadbolt” contains some redactions to third party personal
data. The information relating to other individuals is exempt from
disclosure as explained in my previous email.

The file labelled “ICO Intranet Statement - Draft and Final”
contains two draft versions and a final version of a notice which was
published on ICON, the ICOÂ’s intranet.

The other file is labelled “Emails re Dr O'Hara's
recommendations”, this is self-explanatory.

This last file refers to a draft paper produced by Dr Kieron OÂ’Hara on
behalf of the Cabinet Office and relates to his recommendations about the
Transparency and Privacy debate in the context of the crime mapping
initiative. Although we hold a copy of this paper, and have provided
comments in response to it, we are of the view that the exemption at
section 36 of the Freedom of Information Act 2000 (the FOIA) applies to
this information.

For information held by the ICO to be exempt under section 36 it must, in
the reasonable opinion of a qualified person (in this case the Information
Commissioner), be likely to “prejudice the effective conduct of public
affairs”. The Commissioner has reviewed all the information held that
falls within the scope of your request and has determined that section 36
is engaged in this case.

Section 36 is a qualified exemption and we must therefore consider whether
the public interest in withholding the information outweighs that in
disclosing it.

As you are aware the FOIA obliges us to respond to requests promptly and
in any case no later than 20 working days after receiving the request. 
However when a qualified exemption applies to the information and the
public interest test is engaged, section 10(3) of the FOIA allows the time
for response to be longer than the 20 working days, and a full response
must be provided within such time as is reasonable in all circumstances of
the case. 

Whilst we always aim to make all decisions within 20 working days,
including cases where we need to consider where the public interest lies
in respect of a request for exempt information, we have not yet reached a
decision on where the balance of the public interest lies in this
case.  It may take up to an additional 20 working days to take this
decision.  We therefore aim to provide you with a response to this part
of your request for information by 30 March 2011. Clearly, should we be
able to respond sooner, we will do so.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

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Information Commissioner’s Office

2 March 2011


Attachment Home Office CM Press Release Correspondence.html
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Attachment Home Office CM Press Release DRAFT notice.doc
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Attachment Response to Telegraph enquiry about our position on crime mapping 20101119.html
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Attachment Correspondence with Councellor Maxwell.pdf
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Attachment Extracted information regarding crime mapping.doc
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Attachment ICO emails communicating crime mapping advice to interested parties.pdf
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2nd March 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

This email is the fifth part of our response to your FOI request and
concludes our response for the time being.

Please find attached a file called “Correspondence with Counsellor
Maxwell” this contains all the information we hold relating to the
category referred to as “Correspondence relating to the Windsor and
Maidenhead local public data panel discussion about crime mapping.”
This file contains some redactions to third party personal data which is
exempt from disclosure as explained previously.

Also attached are three further documents containing information relating
to “Communications relating to the Home Office and ICO press releases
regarding crime mapping”. Hopefully the file names are
self-explanatory.

There are a number of documents containing information in the category of
information called “Other information containing references to crime
mapping”. As these documents are not directly relevant to your
request, I have provided extracts of the relevant sections from those
documents in the attachment called “Extracted information regarding
crime mapping”. The file called “ICO emails communicating crime
mapping advice to interested parties” is again self-explanatory. Once
again, some third party personal data has been redacted as it is exempt
under section 40(2) of the FOIA as explained earlier. There is also a
section of information that has been redacted because it relates to other
matters and is not relevant to your request.

We are unable, currently, to provide you with any of the information
relating to the final two categories listed in the first part of this
response, namely “Correspondence between the ICO and the Home
Office” and “Internal ICO correspondence” because the
Information Commissioner has determined that section 36 of the FOIA is
engaged when considering whether this information should be released.

As previously explained, section 36 is a qualified exemption, subject to
consideration as to whether the public interest in withholding the
information outweighs that in disclosing it.

As explained in part 4 of our response we aim to provide you with a
response to this part of your request for information by 30 March 2011.

We have dealt with your request in accordance with the Freedom of
Information Act 2000. I hope that this response provides you with the
information you require. However, if you are dissatisfied with this
response and wish to request a review of our decision or make a complaint
about how your request has been handled you should write to the Internal
Compliance Team at the address below or e-mail
[2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation. To make such an application, please write
to the Case Reception Team, at the address given below or visit the
‘Complaints’ section of our website to make a Freedom of
Information Act or Environmental Information Regulations complaint online.

A copy of our review procedure is attached.

 

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

Information Commissioner's Office

Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

References

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1. file:///tmp/rad6AB16_files/filelist.xml
2. blocked::mailto:[email address]
mailto:[email address]

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Information Commissioner’s Office

30 March 2011


Attachment ICOReviewProcedure V8.doc
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Attachment ICO correspondence with Home Office re Crime Mapping.pdf
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Attachment Internal ICO correspondence re Crime Mapping Part 1.pdf
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Attachment Internal ICO correspondence re Crime Mapping part 2.pdf
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30 March 2011

Case Reference Number IRQ0372603

Dear Mr Perrin

I write further to my emails of 2 March 2011 in which we provided a
partial response to your request for information. We provided most of the
information that falls within the scope of your request in our previous
response, but withheld some of the information relevant to your request,
relying on the exemption at section 36 of the Freedom of Information Act
2000 (the FOIA). This email concludes our response to your request.

The information we withheld previously consists of:

o Dr Kieron OÂ’HaraÂ’s recommendations about the Transparency and
Privacy debate in the context of the crime mapping initiative which he
produced on behalf of the Cabinet Office.
o Correspondence between the ICO and the Home Office.
o Internal ICO correspondence.

 

We also explained that for information held by the ICO to be exempt under
section 36 it must, in the reasonable opinion of a qualified person (in
this case the Information Commissioner), be likely to “prejudice the
effective conduct of public affairs”. The Commissioner has determined
that section 36 is engaged in this case.

Section 36 is a qualified exemption and we must therefore consider whether
the public interest in withholding the information outweighs that in
disclosing it.

Having considered, in more detail, the information that was previously
withheld, we have determined that the public interest favours the
disclosure of the correspondence between the ICO and the Home Office and
the internal ICO correspondence. Therefore please find attached three PDF
files containing this information. Please be aware that there is some
duplication of information in these files owing to the fact that a number
of email chains were sent to different recipients and they provided
separate responses. 

You will note that some information has been redacted (blacked out) from
the correspondence provided. The information at the start of the file
called “Internal ICO Correspondence re Crime Mapping (Part 1)” has
been redacted because it pertains to an email sent in connection with
preparing the response to your request and does not contain any
information relevant to it. The remainder of the redacted information
constitutes the personal data of third party individuals and is therefore
exempt under Section 40(2) of the Freedom of Information Act 2000 (FOIA)
by virtue of Section 40(3)(a)(i). 

Section 40(2) allows a public authority to withhold information from a
response to a request when the information requested is personal data
relating to someone other than the requestor and either the first or
second condition in Section 40(3) is satisfied.  In this instance the
disclosure would satisfy Section 40(3)(a)(i) as to disclose such
information would contravene one of the Data Protection principles.

We consider that such a disclosure would be unfair on the basis that the
individuals concerned would not expect these personal details to be made
public. It would therefore be in breach of the first Data Protection
principle which states that – “Personal data shall be processed
fairly and lawfully”.

The other information subject to the section 36 exemption is Dr
O’Hara‘s paper mentioned above and our response to it. We have
considered the public interest factors in respect of this information and,
at this time, we have decided that the public interest in withholding the
information outweighs the public interest in disclosing it.

The public interest factors in favour of disclosing this information are:

o Increased clarity of the debate about privacy concerns in relation to
the governmentsÂ’ transparency agenda in the context of crime data.

Public interest factors in favour of withholding the requested information
are:

o The Cabinet Office intends to publish this information in line with
the governmentsÂ’ transparency agenda in due course; however we are
advised that it is not yet ready for publication.
o The ICO was provided with this information in the light of its role in
contributing its views and opinions about the privacy implications of
the release of Crime data. If we were to publish this information
prior to its release by the Cabinet Office, then the Cabinet Office
and other public authorities might not fully engage the ICO in future
initiatives that have privacy implications and on which we should be
consulted. 

Having considered all of these factors, we have decided that the public
interest in withholding the information outweighs the public interest in
disclosing it. Our primary concern in this case is that premature release
of the withheld information would be likely to inhibit other public
authorities from properly consulting with the ICO. For this reason, the
information has been withheld under section 36(2)(c)

I hope you find the information provided useful, however if you are
dissatisfied with the response you have received and wish to request a
review of our decision or make a complaint about how your request has been
handled you should write to the Internal Compliance Department at the
address below or e-mail [2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please
write to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of
Information Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely

Andrew Rose

Lead Internal Compliance Officer

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.gov.uk

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