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Information on the purchase and use of "covert communications data capture" or similar mobile phone surveillance and tracking devices

Mr F Clarke made this Freedom of Information request to West Midlands Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

We're waiting for Mr F Clarke to read recent responses and update the status.

Dear West Midlands Police,

I would like to make a request under the Freedom of Information Act.

I request all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails and any other documents including communications and procurements relating to the purchase and use of "covert communications data capture", “CCDC”, "cell site simulators", "virtual base transceiver stations", “mobile phone jammers”, “stingrays” or similar mobile phone surveillance and tracking devices.

As per Section 4a of Part 1 of the Freedom of Information Act I would like the information in question held at the time when my request is received (draft or otherwise), except that account may be taken of any amendment or deletion made between now and the latest time by which the information is to be communicated to me, being an amendment or deletion that would have been made regardless of the receipt of my request.

If my request is denied in whole or in part, or specific items within the responses are withheld from disclosure, then you must justify all deletions by reference to specific exemptions of the Act, as per Section 17 of the Freedom of Information Act. Where you rely on a qualified exemption to withhold disclosure, you are obliged to consider the public interest in your decision and the refusal notice must explain not only which exemption applies and why, but also the public interest arguments addressed in reaching the decision.

I would be grateful if you would kindly acknowledge receipt of this request as recommended by the ICO ("It would be good practice to acknowledge receipt of requests and to refer to the 20 working day time limit, so that applicants know their request is being dealt with").

I am not working together with any other parties to obtain this information.

If you feel that a response to this request is not possible within the limits provided by the Act, I would be grateful if you could contact me by telephone or email to advise me as to how I could refine the request.

If you believe that some of the information requested falls under an exemption in the Freedom of Information Act, I would request that you release the full list of affected documents and endeavour to redact them rather than withhold them in full. I believe that there is a public interest in releasing these documents and would ask that you explain in detail how any exemption is engaged.

I would prefer to receive all correspondence and information in an electronic, machine-readable format such as .DOC/.ODT or .PDF rather than scans of documents.

Please be aware that I may publish this request or further correspondence online.

Finally, please confirm that you have received this request. I look forward to your response within 20 working days, as outlined by the statute.

Yours faithfully,

Mr F Clarke

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/

Freedom of Information,

Dear Mr Clarke

 

 

 

FOI Request Reference: 001967/17

 

Thank you for your request for information, received 15/02/2017

 

REQUEST

 

I request all guidelines, presentations, policy statements, legal
opinions, memoranda, briefs, training manuals, emails and any other
documents including communications and procurements relating to the
purchase and use of "covert communications data capture", "CCDC", "cell
site simulators", "virtual base transceiver stations", "mobile phone
jammers", "stingrays" or similar mobile phone surveillance and tracking
devices.

 

 

As per Section 4a of Part 1 of the Freedom of Information Act I would like
the information in question held at the time when my request is received
(draft or otherwise), except that account may be taken of any amendment or
deletion made between now and the latest time by which the information is
to be communicated to me, being an amendment or deletion that would have
been made regardless of the receipt of my request.

 

If my request is denied in whole or in part, or specific items within the
responses are withheld from disclosure, then you must justify all
deletions by reference to specific exemptions of the Act, as per Section
17 of the Freedom of Information Act. Where you rely on a qualified
exemption to withhold disclosure, you are obliged to consider the public
interest in your decision and the refusal notice must explain not only
which exemption applies and why, but also the public interest arguments
addressed in reaching the decision.

 

I would be grateful if you would kindly acknowledge receipt of this
request as recommended by the ICO ("It would be good practice to
acknowledge receipt of requests and to refer to the 20 working day time
limit, so that applicants know their request is being dealt with").

 

I am not working together with any other parties to obtain this
information.

 

If you feel that a response to this request is not possible within the
limits provided by the Act, I would be grateful if you could contact me by
telephone or email to advise me as to how I could refine the request.

 

If you believe that some of the information requested falls under an
exemption in the Freedom of Information Act, I would request that you
release the full list of affected documents and endeavour to redact them
rather than withhold them in full. I believe that there is a public
interest in releasing these documents and would ask that you explain in
detail how any exemption is engaged.

 

 

RESPONSE

We are unable to provide a response within the cost threshold of the Act.
You have requested a significant amount of documentation. To establish
whether any relevant information is held, we would have to consult
numerous departments and systems for the time period in question. However,
please consult the remainder of the document to see what can be searched
within the cost threshold.

The cost of compliance with your request is above the amount to which we
are legally required to respond, i.e. the cost of confirming or denying
that any information is held would exceed the appropriate costs limit
under section 12 of the Freedom of information Act 2000. For West Midlands
Police, the appropriate limit is set at £450, as prescribed by the Freedom
of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004, S.I. 3244.

 

A public authority which, in relation to any request for information, is
relying on a claim that section 12 or section 14 applies must, within the
time for complying with Section 1(1), give the applicant a notice stating
that fact. In accordance with the Freedom of Information Act 2000, this
letter acts as a refusal notice.

 

However rather than refusing your request outright at this stage, I would
like to explore with you how West Midlands Police may best assist you to
request relevant information which we may hold. If you are able to refine
the type of document you are requesting, we would be able to narrow our
search to a specific department to see what information we hold, if any.

Please note that any located information might be subject to the
application of exemptions under the Act. Nothing in this response should
be taken as confirming that any information relevant to your request is or
is not held.

 

To enable us to proceed with your request I would be grateful if you could
confirm whether you wish us to provide the information outlined above.
After receiving your reply, your request will be considered and you will
receive a response within the statutory timescale of 20 working days, as
defined by the Act, subject to the application of any statutory
exemptions. If you chose not to respond then your request will remain
unanswered.

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 20 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

Susan Brown

Freedom of Information Unit

Corporate Communications

To report crime and anti-social behaviour which does not require an
emergency response, please call 101. In an emergency, dial 999.

 

Ext 801 2068

 

[3][email address]

 

Monday to Thursday 7am-3pm

 

Website: [4]www.west-midlands.police.uk
Twitter: [5]www.twitter.com/wmpolice
Facebook: [6]www.facebook.com/westmidlandspolice
YouTube: [7]www.youtube.com/westmidlandspolice

Flickr: [8]www.flickr.com/westmidlandspolice

 

[9]View all our social network links

 

Our vision: Preventing crime, protecting the public and helping those in
need

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/
2. http://foi.west-midlands.police.uk/revie...
3. mailto:[email address]
4. https://exchange.wmpad.local/owa/redir.a...
5. https://exchange.wmpad.local/owa/redir.a...
6. https://exchange.wmpad.local/owa/redir.a...
7. https://exchange.wmpad.local/owa/redir.a...
8. https://exchange.wmpad.local/owa/redir.a...
9. https://exchange.wmpad.local/owa/redir.a...

Dear Ms Brown,

Thank you for your replying to my Freedom of Information Act request informing me that you believe my request exceeds the cost threshold for dealing with responses and offering me the chance to refine my request. I would like to proceed with my request using the refined quest listed below:

I request all guidelines, presentations, policy statements, legal opinions, memoranda, briefs, training manuals, emails and any other documents including communications and procurements relating to the purchase and use of "covert communications data capture", “CCDC”, "cell site simulators", "virtual base transceiver stations", “mobile phone jammers”, “stingrays” or similar mobile phone surveillance and tracking devices. In order to refine my request to meet the cost threshold for FOIA requests, please restrict my request to documents generated in the past 12 months.

Yours sincerely,

Mr F Clarke

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/

Freedom of Information,

Dear F Clarke

 

 

 

FOI Request Reference: 003166/17

 

Thank you for your request for information, received 11/03/2017

 

REQUEST

 

Thank you for your replying to my Freedom of Information Act request
informing me that you believe my request exceeds the cost threshold for
dealing with responses and offering me the chance to refine my request. I
would like to proceed with my request using the refined quest listed
below:

 

I request all guidelines, presentations, policy statements, legal
opinions, memoranda, briefs, training manuals, emails and any other
documents including communications and procurements relating to the
purchase and use of "covert communications data capture", "CCDC", "cell
site simulators", "virtual base transceiver stations", "mobile phone
jammers", "stingrays" or similar mobile phone surveillance and tracking
devices. In order to refine my request to meet the cost threshold for FOIA
requests, please restrict my request to documents generated in the past 12
months.

 

 

 

RESPONSE

 

Although you have refined your request in terms of time periods, this
still does not allow us to provide data within the appropriate limit. Your
request remains extremely broad, citing a wide range of possible ways in
which information may be recorded. Even if this is not classed as what is
referred to as a ‘fishing expedition’ we would sift through a substantial
volume of information to establish whether any relevant data is held. This
would exceed the appropriate limit (FOIA, s.12 (1)).  Please see the end
of this response for information on the searches which could be
undertaken.

 

This means that the cost of compliance with your request is above the
amount to which we are legally required to respond, i.e. the cost of
confirming or denying that any information is held would exceed the
appropriate costs limit under section 12 of the Freedom of information Act
2000. For West Midlands Police, the appropriate limit is set at £450, as
prescribed by the Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulations 2004, S.I. 3244. A public authority which, in
relation to any request for information, is relying on a claim that
section 12 or section 14 applies must, within the time for complying with
Section 1(1), give the applicant a notice stating that fact. In accordance
with the Freedom of Information Act 2000, this letter acts as a refusal
notice.

 

However rather than refusing your request outright at this stage, I would
like to explore with you how West Midlands Police may best assist you to
request relevant information which we may hold. If you were able to refine
the request to specific type of recorded information such as invoices (and
provide names of relevant companies) we may be able to locate relevant
information, if any is held.

 

Please note that any located information might be subject to the
application of exemptions under the Act. Nothing in this response should
be taken as confirming that any information relevant to your request is or
is not held.

 

To enable us to proceed with your request I would be grateful if you could
confirm whether you wish us to provide the information outlined above.
After receiving your reply, your request will be considered and you will
receive a response within the statutory timescale of 20 working days, as
defined by the Act, subject to the application of any statutory
exemptions. If you chose not to respond then your request will remain
unanswered.

 

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 20 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

Carl Bird

 

Freedom of Information Unit

Tel: 101

ext: 801 2068

 

email. [3][email address]

Working hours 7:30am to 3:30pm Monday to Thursday

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999.

 

Website: [4]www.west-midlands.police.uk
Twitter: [5]www.twitter.com/wmpolice
Facebook: [6]www.facebook.com/westmidlandspolice
YouTube: [7]www.youtube.com/westmidlandspolice

Flickr: [8]www.flickr.com/westmidlandspolice

 

[9]View all our social network links

 

Our vision: : Preventing crime, protecting the public and helping those in
need.

 

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/
2. http://foi.west-midlands.police.uk/revie...
3. mailto:[email address]
4. https://exchange.wmpad.local/owa/redir.a...
5. https://exchange.wmpad.local/owa/redir.a...
6. https://exchange.wmpad.local/owa/redir.a...
7. https://exchange.wmpad.local/owa/redir.a...
8. https://exchange.wmpad.local/owa/redir.a...
9. https://exchange.wmpad.local/owa/redir.a...

Dear Freedom of Information,

Thank you for your email informing me that you believe the cost of compliance with my request is above the
amount to which you are legally required to respond and offering me the chance to refine my request. Please find below details of my refined request.

I request all guidelines, policy statements, legal opinions, memoranda, briefs and training manuals relating to the purchase and use of "covert communications data capture", "CCDC", "cell site simulators" or similar mobile phone surveillance and tracking devices. In order to refine my request to meet the cost threshold for FOIA requests, please restrict my request to documents generated in the past 12 months.

Yours sincerely,

Mr F Clarke

Freedom of Information,

Please accept this as an acknowledgement of receipt of your e-mail by the
Freedom of Information Unit.
 
If your email is a valid request for information under the Freedom of
Information Act, your request will be dealt with within the legislative
deadline of 20 working days.  Should we be unable to meet this deadline
for any reason you will be notified as soon as possible.
 
If your request does not relate to Freedom of Information, your e-mail
will be forwarded to the relevant department and you will be notified
where this has been passed to.
 
If you require further information please contact 101 and ask for the
Freedom of information Unit.
 
You might find what you are looking for on our website:
[1]http://foi.west-midlands.police.uk/
 
If you have information about any crime, you can contact us on the
non-emergency number: 101.
 
In an emergency, for example where life is in danger or a crime in
progress, call 999.

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/

Freedom of Information,

Dear Mr Clarke

 

 

 

FOI Request Reference: 3166/17( re referenced as 5452/17)

 

Thank you for your request for information, received 30/04/2017

 

REQUEST

Thank you for your email informing me that you believe the cost of
compliance with my request is above the amount to which you are legally
required to respond and offering me the chance to refine my request.
Please find below details of my refined request.

 

I request all guidelines, policy statements, legal opinions, memoranda,
briefs and training manuals relating to the purchase and use of "covert
communications data capture", "CCDC", "cell site simulators" or similar
mobile phone surveillance and tracking devices. In order to refine my
request to meet the cost threshold for FOIA requests, please restrict my
request to documents generated in the past 12 months.

 

RESPONSE

 

Thank you for making some refinement to your request. Although you have
refined your request in terms of type of equipment purchased, this still
does not allow us to provide data within the appropriate limit. The
request remains broad as it is asking for a wide range of ways in which
information may be stored and it would involve searching all recorded
statements, recorded legal opinions, memoranda, briefs and training
manuals.

 

Please note that researching each individual case would exceed the
appropriate limit (FOIA, s.12 (1)).

 

Therefore, the cost of compliance with your request is above the amount to
which we are legally required to respond, i.e. the cost of locating and
retrieving the information would exceed the appropriate costs limit under
section 12 of the Freedom of information Act 2000. For West Midlands
Police, the appropriate limit is set at £450, as prescribed by the Freedom
of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004, S.I. 3244.

 

A public authority which, in relation to any request for information, is
relying on a claim that section 12 or section 14 applies must, within the
time for complying with Section 1(1), give the applicant a notice stating
that fact. In accordance with the Freedom of Information Act 2000, this
letter acts as a refusal notice.

 

 

However rather than refusing your request outright at this stage, I would
like to explore with you how West Midlands Police may best assist you to
request relevant information which we hold.

 

If you are able to refine your request to specific type of information as
outlined in our previous response and provide names of relevant companies,
we may then be able to search our systems for relevant information held 

 

Please note that any located information might be subject to the
application of exemptions under the Act and no inference from this letter
should be taken as to whether information does or does not exist.

 

To enable us to proceed with your request I would be grateful if you could
refine your request and provide the information outlined above. After
receiving your reply, your request will be considered and you will receive
a response within the statutory timescale of 20 working days, as defined
by the Act, subject to the application of any statutory exemptions. If you
chose not to respond then your request will remain unanswered.

 

 

 

For further information and data on West Midlands Police see our
publication scheme and disclosure log

 

[1]http://foi.west-midlands.police.uk/

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

[2]http://foi.west-midlands.police.uk/revie...

 

Please note that such an appeal must be received within 20 working days of
the date of this correspondence. Any such request received after this time
will only be considered at the discretion of the FOI Unit.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

Susan Brown

Freedom of Information Unit

Corporate Communications

To report crime and anti-social behaviour which does not require an
emergency response, please call 101. In an emergency, dial 999.

 

Ext 801 2068

[mobile number]

 

[3][email address]

 

Monday to Thursday 7am-3pm

 

Website: [4]www.west-midlands.police.uk
Twitter: [5]www.twitter.com/wmpolice
Facebook: [6]www.facebook.com/westmidlandspolice
YouTube: [7]www.youtube.com/westmidlandspolice

Flickr: [8]www.flickr.com/westmidlandspolice

 

[9]View all our social network links

 

Our vision: Preventing crime, protecting the public and helping those in
need

 

This email is intended for the addressee only and may contain privileged
or confidential information. If received in error, please notify the
originator immediately. Any unauthorised use, disclosure, copying or
alteration of this email is strictly forbidden. Views or opinions
expressed in this email do not necessarily represent those of West
Midlands Police. All West Midlands Police email activity is monitored for
virus, racist, obscene, or otherwise inappropriate activity. No
responsibility is accepted by West Midlands Police for any loss or damage
arising in any way from the receipt or use of this email.

References

Visible links
1. http://foi.west-midlands.police.uk/
2. http://foi.west-midlands.police.uk/revie...
3. mailto:[email address]
4. https://exchange.wmpad.local/owa/redir.a...
5. https://exchange.wmpad.local/owa/redir.a...
6. https://exchange.wmpad.local/owa/redir.a...
7. https://exchange.wmpad.local/owa/redir.a...
8. https://exchange.wmpad.local/owa/redir.a...
9. https://exchange.wmpad.local/owa/redir.a...

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

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