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How many clones of hard drives have succesfully been used in court cases ?

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Dear Essex Police,

have you ever made a copy of a suspects computer hard drive whilst theyre under investiagtion and returned the computer to them ? as I undesrtand in section 21 of police and criminal evidence act 1984 suspects have a right to request a copy of evidence

if so how many times have you done this in the last year ?

Did the CPS and defence accept the copy ?

what was the estimated cost in general to make a copy of the hard drive ?

Yours faithfully,

Tom Pink

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above reference
14446.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[1]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[2]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[3][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[4]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[5]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [6][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [7]https://ico.org.uk/

 

 

 

show quoted sections

Info Rights Freedom Essex, Essex Police

2 Attachments

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held. Where exemptions are
relied upon Section 17 of FOIA requires that we provide the applicant with
a notice which: a) states that fact b) specifies the exemption(s) in
question and c) states (if that would not otherwise be apparent) why the
exemption applies.

 

In respect of your enquiry:

 

have you ever made a copy of a suspects computer hard drive whilst theyre
under investiagtion and returned the computer to them ? as I undesrtand in
section 21 of police and criminal evidence act 1984 suspects have a right
to request a copy of evidence

 

if so how many times have you done this in the last year ?

 

Did the CPS and defence accept the copy ?

 

what was the estimated cost in general to make a copy of the hard drive ?

 

Having completed enquiries within Essex Police in respect of Section
1(1)(a), Essex Police does hold information relating to your request,
however, the obligation of Section 1(1)(b) cannot be met as Essex Police
does not hold all the information requested in a format that allows it to
be retrieved within the time and cost limits of FOI.

 

When responding to a request for information under the terms of the FOIA,
a public authority is not obliged to provide information if the authority
estimates that the cost of the retrieval of the information requested
would be in excess of £450 (equivalent to 18 hours work).  The costs
criteria relates to a request in its entirety, which means that if we
cannot retrieve all of the information requested within the costs limit,
we are not obliged to retrieve any of the information requested.

 

Section 12(1) of the FOIA states that a public authority is not obliged
to:

 

“…comply with a request for information if the authority estimates that
the cost of complying with the request would exceed the appropriate
limit.”

 

The following explanation outlines the difficulty Essex Police has in
answering your request:

 

Essex Police are unable to accurately extract the level of detail in
relation to request as this information is not recorded in an easily
accessible format. The digital forensics team routinely take copies of
hard drives but do not centrally record the amount of hard drive copies
they have made. They then return the exhibits to the officers in charge of
each case. There are different levels of recording and this information
may or may not be held in individual case files. To establish if
information is held, would entail contacting each officer in the force to
retrieve answers to all the questions stipulated in your request. This
process would exceed the time and cost limits under the FOIA and would
also qualify as the creation of data as the results cannot be processed by
means of purely sorting or filtering data sources or running a database
query tool. There is no requirement under the act to create data purely to
answer FOI requests.

 

Consequently, and to this extent, Essex Police are exempt from the duty to
provide information you have requested under the provisions of Section
12(1) of the FOIA.  Therefore, and in accordance with Section 17(1) of the
FOIA, this communication must act as a refusal notice to provide all of
the information that could be interpreted as being captured by this part
of your request.

 

In an effort to assist, the Crown Prosecution Service may hold information
regarding how many times they’ve accepted/declined evidential copies. You
may wish to forward your FOI request to them using the below link.

 

[1]https://www.cps.gov.uk/freedom-information .

 

Thank you for your interest in Essex Police and we are sorry that we have
not been able to provide the information you have requested on this
occasion. If you do require further information a new request will need to
be submitted and the request will be dealt with accordingly.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [2][Essex Police request email]

 

[3]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[4]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [5][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

 

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [6]https://ico.org.uk/

 

From: Info Rights Freedom Essex
Sent: 12 May 2020 14:16
To: Tom Pink <[7][FOI #664330 email]>
Subject: FOI 14446 - Hard Drive Copies used as Evidence in Court

 

Thank you for your enquiry which has been logged under the above reference
14446.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
information requests a public authority may receive or the number of
requests or questions an applicant may submit.  However, there are
exemptions in the Act that can apply and these include where the cost of
complying with the request would extend beyond the reasonable cost limit,
(currently 18 hours or £450), or if the request is otherwise manifestly
unreasonable in its scope or nature. 

 

Requests that ask a great many questions, or a number of detailed requests
submitted at the same time, may make it necessary for Essex Police to
refuse the requests wholly or in part. The exemption at section 14 may be
engaged if the burden on the authority is increased through multiple
requests on differing subjects.

 

The Information Commissioner’s Office (ICO) has responsibility for
providing oversight and guidance for the legislation and they have
produced advice for applicants on submitting effective requests.  Further
information can be found on the Commissioner’s website at
[8]www.ico.gov.uk specific information relating to submitting a request
can be found at:
[9]https://ico.org.uk/for-the-public/offici...

                                                      

While we process your request, please take the time to consider the ICO’s
advice and whether you feel it may be beneficial to amend or refine your
request. Our team is happy to discuss your request with you and will be
able to provide advice as to what kind of information will be available
from Essex Police.

 

Although every effort will be made to ensure a response is provided within
statutory deadlines, due to current circumstances, delays may be
unavoidable.  We apologise for any inconvenience and will endeavour to
process your request as quickly as is practicable.

 

Kind regards,

 

Information Rights | Information Management Department | Information
Rights Section | Essex Police

Telephone 01245 452 647 or 101 extension 150030 | Email
[10][Essex Police request email]
Address: Information Management, Information Rights, Essex Police HQ, PO
Box 2, Chelmsford CM2 6DA

[11]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[12]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [13][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [14]https://ico.org.uk/

 

 

 

show quoted sections

Dear Essex Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Essex Police's handling of my FOI request 'How many clones of hard drives have succesfully been used in court cases ?'.

I kindly ask for an internal review, I understand that rather than emailing every OIC (officer in case) you would be able to simply just email the HTCU and ask them about copies, my questions is also would the CPS take cloned copies of hard drives if the suspect made a requested under section 21 PACE ? if you cannot find out how many you have done in the last year then I’d be happy just to know if you’ve ever done them and returned a suspect their original hard drive while a case was ongoing, if so what was the cost roughly to copy the hard drive ?

I look forward to hearing from you shortly

Kind Regards

Tom

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

Tom Pink

Info Rights Freedom Essex, Essex Police

1 Attachment

 

 

 

Essex Police is in receipt of your complaint to FOI request 14446
regarding Hard Drive Copies used as Evidence in Court

Essex Police will conduct a review as requested.

 

As you will be aware the Information Commissioner's guidance for reviews
held under Section 50 of the Act is that they should be completed
within twenty working days of receipt of the complaint (unless exceptional
circumstances arise in which case the authority may extend the deadline by
a further twenty days) this will give a deadline of the 31/12/20

 

As advised in our reply if you are not content with the outcome of the
review, you have the right to apply directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted
at: Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF or via [1]http://www.ico.gov.uk/

 

We will write again by that date.

 

Kind regards

 

FOI Team | Information Management Department | Information Rights Section
| Essex Police

Telephone: 101 | Email: [2][Essex Police request email]

Address: Information Management Department, Information Rights Section,
Essex Police HQ, PO Box 2, Chelmsford CM2 6DA  (for Sat Nav directions,
use CM2 6DN for HQ)

 

Information Management aspires to be: Helpful, Inclusive & Professional

 

Essex Police have developed a publication strategy, our aim is to reduce
the demand within the FOI Department and to provide knowledge to the
public to include previous and combined FOI requests together with
relevant links and information.

 

Please visit this area of our website before submitting FOI requests as
information may already be available.

 

[3]https://www.essex.police.uk/foi-ai/af/ac...

 

 

 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Tom Pink please sign in and let everyone know.