Freedom of Information Request in relation to the provision of data to the RSPCA

The request was refused by Cheshire Constabulary.

Dear Cheshire Constabulary,

I am very concerned about the extent to which private information and data held by the police is being provided to private organisations, such as the RSPCA.

The RSPCA is a private organisation. Its employees are ordinary members of the public. Yet, I believe that there are constabularies which have private arrangements with the RSPCA for the provision of information to that organisation of private and sensitive information about individuals, which information might be of use to the RSPCA and its ruling Councillors in their political and other objectives.

As you may know, the RSPCA is run by a ruling Council of 26 persons. At least 18 of these people are either members of, or actively support, an extreme animal rights organisation called Animal Aid. I am concerned that data concerning individuals who do not support the extreme animal rights agenda of the RSPCA and Animal Aid may be falling into the hands of those organisations, and their "partners".

I understand that the RSPCA are able to use the police radio network, called Airwave, but that requests for such things as PNC checks are sometimes handled directly by the RSPCA's Political Headquarters in Horsham. As you may be aware, the RSPCA has a close relationship with many journalists - I am concerned that any channel for information to be obtained unlawfully from the police and/or provided by the police in an unregulated manner should be closed off.

Would you therefore please provide me with data, detailing how many requests for information from the police have been received by the Constabulary from the RSPCA annually during the last five years broken down annually.

Yours faithfully,

Richard Martin

Cheshire Constabulary

Dear Mr Martin

I acknowledge receipt of your correspondence received 31/08/2011 which is
being dealt with as a request for information in accordance with the
Freedom of Information Act 2000.

I am in the process of dealing with your request and will respond in due
course and in any case by 28/09/2011. Please contact us by e-mail at
[Cheshire Constabulary request email] if you have any further enquiries.

Regards

Information Compliance
Tel: 01606 366556
===================================
Cheshire Constabulary Headquarters
Clemonds Hey
Oakmere Road
Winsford
CW7 2UA
===================================

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Cheshire Constabulary

1 Attachment

Dear Mr Martin

I refer to your recent request for information under the Freedom of
Information Act 2000 as set out below:

I understand that the RSPCA are able to use the police radio
network, called Airwave, but that requests for such things as PNC
checks are sometimes handled directly by the RSPCA's Political
Headquarters in Horsham. As you may be aware, the RSPCA has a close
relationship with many journalists - I am concerned that any
channel for information to be obtained unlawfully from the police
and/or provided by the police in an unregulated manner should be
closed off.

Would you therefore please provide me with data, detailing how many
requests for information from the police have been received by the
Constabulary from the RSPCA annually during the last five years
broken down annually.

In accordance with section 1(1) (a) of the Act our response is provided
below;

From our preliminary assessment, we estimate that compliance with your
request would exceed the appropriate costs limit under section 12 of the
Freedom of information Act 2000. This is currently £450. The basis for this
assessment is the cost of determining if the information you request is
held by the Constabulary.
There are no centrally held records of requests for information from any
organisation or individual. To determine if such information is held would
require a manual examination of every recorded telephone call, email and
letter received by the Constabulary over the five year period. In addition
every police officers note book and front desk enquiry officers records
would require examination. It is estimated that to carry out such a search
would take one member of staff many months and would clearly exceed the
appropriate limit. Your request is therefore refused.

Section 17 of the Freedom of Information Act 2000 requires the Cheshire
Constabulary, when refusing to provide such information (because the
information is exempt) to provide you with a notice which a) states that
fact, b) specifies the exemption in question and c) states (if that would
not otherwise be apparent) why the exemption applies.

The appropriate limit is defined in the Data Protection and Freedom of
Information (Fees and Appropriate Limit) Regulations 2004, which is covered
by statutory Instrument Number 3244 of 2004. Furthermore, Section 12 of the
Freedom of Information Act 2000 allows a public authority to refuse to
respond to a request for information where the cost of compliance would
exceed the appropriate limit as defined by the above mentioned regulations.

In order to assist you the best suggestion we can offer is if you were to
restrict your request to recorded incidents relating to animals. There are
approx. 1000 incidents recorded each day but they can be searched
electronically. if you would like to consider this please let me know.

If I can be of any further assistance in this matter, please do not
hesitate to contact me.

If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.

(See attached file: FOI Appeals Procedures.Final version.doc)

Regards

John Gannon
Information Compliance
Tel: 01606 364176

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Nik Sharp left an annotation ()

The real sitauation is that members of the RSPCA Special Operations Unit CAN access the PNC - without the rules governing Police officers.

Additionally, the RSPCA Legal Department also have access to the PNC since they 'input' data from convictions!