Classification: NOT PROTECTIVELY MARKED

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

Under the Freedom of Information Act we are required to reply within 20 working days but given the current very high number of requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

-----Original Message-----
From: Paul [mailto:[FOI #29951 email]]
Sent: 01 March 2010 21:26
To: FOI
Subject: Freedom of Information request - Impersonating police officers to kidnap women

Dear Essex Police,

With reference to the following case reports in relation to
impersonating a police officer, false imprisonment and kidnapping;

http://www.dunmow-broadcast.co.uk/conten...

and

http://news.bbc.co.uk/1/hi/england/essex...

Please may I have disclosure of any case information that actually
illustrates how these offences were carried out?

This may include charging information or simply specifics of the
case.

Yours faithfully,

Mr Paul Mason

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Classification: NOT PROTECTIVELY MARKED

If I may I would like to begin by providing you with a little in the way of background information as to what obligations the Freedom of Information Act 2000 (FOIA) places upon Essex Police. This may help to put into context the response to your request.

The Freedom of Information Act 2000 (FOIA)
This piece of legislation allows any person the right to request access to recorded information held by a public authority such as Essex Police (recorded information can be held in hard copy, electronic or audio / visual formats). An applicant must submit a request in writing, include a name and address for correspondence and specify in detail what piece of information is required. The public authority has twenty working days in which to respond (although this can be extended in certain circumstances). If it is anticipated that the time spent to locate and collate the information required will exceed 18 hours worth of work, the request can be rejected on the basis that the request would be too costly to process. If a fee is applicable the applicant will be notified accordingly. Information held can be disclosed subject to the application of exemption criteria - exemptions are reasons contained within the Act which protect certain kinds of information from disclosure.

A disclosure under FOIA legislation is in effect a disclosure to the world; the information released has been done so in the knowledge that it is suitable for the public domain. The personal interests of the applicant and the purpose behind the submission of the request are not relevant (for the purpose of a request under FOIA) and do not have a bearing on disclosure. FOIA is both applicant and purpose blind.

Turning to your request as follows:
With reference to the following case reports in relation to impersonating a police officer, false imprisonment and kidnapping;

<http://www.dunmow-broadcast.co.uk/conten...> http://www.dunmow-broadcast.co.uk/conten...

and

<http://news.bbc.co.uk/1/hi/england/essex...> http://news.bbc.co.uk/1/hi/england/essex...

Please may I have disclosure of any case information that actually illustrates how these offences were carried out?

This may include charging information or simply specifics of the case.
In accordance with section 1, 1 (a) of the Freedom of Information Act 2000 (FOIA), I can confirm that Essex Police does hold information which is relevant to your request. However, in accordance with section 17 of the FOIA, this letter serves as a formal notification of refusal of your request on the basis that the exemptions given at sections 30 (1) (Investigations and Proceedings), 38 (1) (Health and Safety), 40 (2) (Third Party Personal Data), 41 (Information given in Confidence) and 44 (Prohibitions on Disclosure) apply to the information you seek access to.

In applying the exemptions at section 30 and 38, Essex Police is legally obliged to consider the wider public interest in the release of this information.

Harm
Information relating to a criminal investigation will rarely be disclosed under FOIA and only where there is a strong public interest consideration favouring disclosure.

Police investigations are conducted with due regard to the confidentiality and privacy of victims, witnesses and suspects. Such investigations may also frequently involve the use of policing tactics or techniques that, if widely known, would hinder the ability of the police service to prevent and detect crime.

For these reasons the police service will, in most cases, seek to apply an exemption to prevent the release of information concerning investigations when requested under the Freedom of Information Act, 2000.

Whilst adopting this general position, there is full recognition that in some cases there will be significant and compelling issues of public interest that require the disclosure of information. However, to override issues of personal privacy and possible harm to individuals involved in the investigation, this public interest must be significantly more than mere curiosity or interest in a particular investigation.

In favour of disclosure
It would be in the public interest to release information into the public domain which would expose the quality of the police investigation, as regards thoroughness, vigilance and transparency.

In favour of non disclosure
To release into the public domain information from a criminal investigation is dependant on there being a significant public interest factor that would override the issues already mentioned in the Harm section above - significant public interest meaning that there would be a tangible benefit to the community in the release of the information.

The fact that a number of other exemptions - which are absolute and require no consideration of the public interest - also apply to the information being requested give further strength to the argument that this information is not suitable for release into the public domain.

Balancing Test
When balancing the public interest test we have to consider whether the information should be released into the public domain. Arguments need to be weighed against each other. The most persuasive reason for disclosure is Accountability and Transparency, which needs to be compared to the strongest negative reason, which in this case is Police Investigations.

In this case, the public interest has been found to weigh in favour of non disclosure of the information you seek access to.

Essex Police has however published limited details of this case which can be seen at <http://www.essex.police.uk/news_features...> http://www.essex.police.uk/news_features...

I am sorry that we are unable to help you on this occasion.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: s <mailto:[email address]> [email address]
Website: <http://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original request and should be addressed to the Senior Information Officer at the above address.

If you are not content with the outcome of the internal 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

-----Original Message-----
From: Steve Grayton On Behalf Of FOI
Sent: 02 March 2010 10:05
To: 'Paul'
Subject: RE: FOI request our ref. 2684 - Impersonating police officer [NOT PROTECTIVELY MARKED]

Classification: NOT PROTECTIVELY MARKED

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

Under the Freedom of Information Act we are required to reply within 20 working days but given the current very high number of requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: <file://www.essex.police.uk> www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

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Classification: NOT PROTECTIVELY MARKED

Dear Mr Mason,

The Information Commissioner's Office has contacted us with regard to your complaint that your request for an internal review into the above request and response, dated 23rd March 2010, has yet to receive a response. I have looked into this matter and it appears that this was an administrative oversight due to a change to staff responsibilities at the time this review was due to be carried out. I can only apologise for this and trust that this has not unduly inconvenienced you.

Your original request concerned a news story about an individual who had received a four year custodial sentence for offences including unlawful imprisonment, kidnapping and impersonating a police officer. In relation to this story, you asked for;

"disclosure of any case information that actually illustrates how these offences were carried out? This may include charging information or simply specifics of the case."

This information was refused to you as exempt information under the provisions of the following sections of the FOI Act:

Sections 30(1)(Investigations and Proceedings)
38 (1) (Health and Safety),
40 (2) (Third Party Personal Data),
41 (Information given in Confidence)
44 (Prohibitions on Disclosure)

The response did offer a link to information provided by the police as follows:

http://www.essex.police.uk/news_features...

However, this link is no longer operational and the information has been removed from the Essex Police website.

An internal review is not necessarily intended to be a merely quality assessment of a previous decision but an opportunity to consider the matter afresh. Given the passage of time, which I acknowledge is entirely the fault of Essex Police, I believe that this is particularly relevant in this instance and I will not expend time upon considering whether the previous application of the exemptions was appropriate. The question for me therefore is whether it is appropriate for this information to be disclosed at this time.

There are two aspects to consider here. One surrounds the rights of the individual involved, whom by now will already have served nearly two years of a custodial sentence. The second concerns whether it would be appropriate to disclose details of how an offence was committed.

In your argument for the disclosure of information you make the following point:

"The police often publish detailed information in relation to cases once an investigation has been completed."

Information concerning the commission of offences by individuals is classed as their sensitive personal data under the Data Protection Act 1998. The threshold for necessitating disclosure is very high, and it has been well established that there are few if any conditions under the principles and schedules of the Data Protection Act that allow for the disclosure of sensitive personal data (of an ordinary individual) into the public domain in response to a request under the FOI Act.

This does not mean that the Police are not able to disclose sensitive personal data into the public domain. There are provisions within the Data Protection Act that allow for this where a policing purpose and a significant public interest exists. However, such disclosures are at the discretion of the police and importantly are often limited in the extent of the information that has been made available. It is in the interests of the public to be made aware when a person has been convicted of an offence that may affect their community. Such disclosures have the effect of both reassuring the public that the police are protecting them from criminals and also warning criminals that they will be brought to justice for their offences. However, the extent of the information disclosed and the period during which it will be disclosed will be dependant upon the individual offences and a number of factors, including the severity of the offences and the length of any sentence imposed. For some offences, the Rehabilitation of Offenders Act will need to be considered as it would be contrary to the interests of rehabilitation to continue to disclose information about some convicted persons.

You also make the point that information will have been heard in court;

"This matter has already been aired in a public hearing, therefore the information is already 'released to the world'."

This is not necessarily the case, as in cases where the defendant immediately enters a guilty plea the court may not continue to hear many details of the case, although I do not have information as to whether this was the case or not in this instance. However, a court is only considered to be the public domain to a limited extent and for a limited time. For example, it is a matter for journalists who wish to know more about the details of proceedings to attend court on the day but the Contempt of Court Act requires that any reporting of proceedings be reasonably contemporaneous, and it has been well established that simply because personal information has been placed at one time into the public domain for some purpose, an authority is not obliged to continue to disclose that information at a later time. It is likely that it is for this very reason that the link to further information on the Essex Police website has now been removed. There may still be some reportage elsewhere on the internet but this is beyond the control of Essex Police is not relevant to my consideration during this review.

For this reason, I do consider that the information you have requested relating to this individual is exempt information as disclosure after this time would be unwarranted and breach the data protection principles (specifically the first principle), thereby engaging section 40(2) of the FOI Act, and would also engage Section 44 (prohibitions on disclosure) as disclosure would be contrary to the Rehabilitation of Offenders Act and the Contempt of Court Act. These are both absolute exemptions that in general do not require a consideration of the public interest.

However, I must also consider the second aspect of this matter. You have articulated that you believe that there is a public interest in disclosure of general information concerning how the offences were carried out, as follows;

"You have also failed to take into account the strong public interest in detailing these offences such that the public can be made aware of the kind of activities this individual conducted, such that they can protect themselves should they be exposed to similar situations."

This indeed would appear to provide an argument for the disclosure of some information. However, having examined the details of the case I cannot see that disclosure of details of the offender's modus operandi would enable the public to protect themselves any more than they can already and indeed were able to in some cases during the course of the offender's criminal activities. Cases such as this are exceedingly rare and as the offender has been brought to justice, there is no need for the public to take any measures other than those which would be, and were, obvious, such as requiring persons representing themselves as police officers to provide some identification or evidence of their employment. Alternatively, disclosure of detailed information may just as easily encourage other criminals to adopt similar methods in order to commit serious offences, and assist them in doing so with potentially more serious consequences than in this case. This would strongly argue against disclosing the information.

In considering a public interest test, it is necessary to consider the balance of the public interest to determine where it lies. In this, I am reminded of the following comment from a landmark Information Tribunal which summarised the public interest as follows:

"The public interest signifies something that is in the interests of the public as distinct from matters which are of interest to the public"

Department of Trade and Industry v Information Commissioner (EA/2006/0007 para.50)

Information concerning the modus operandi employed in committing these serious offences was held for the purposes of a police investigation and prosecution, thereby engaging the exemption at section 30(1)(a) of the FOI Act. This a class-based exemption, meaning that information that falls into that class is exempt information and I am not required to provide evidence of the harm that may be caused by disclosure. In my view, the balance of the public interest lies in withholding the information. This internal review therefore upholds the decision to withhold the information by virtue of the exemptions I have detailed above.

Thank you for your interest in Essex Police. Should you remain unsatisfied following this internal review, then you retain 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.

Yours sincerely
Nigel Amos
Senior Information Officer
Essex Police

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