Inquest disclosure documentation

Emlyn Welsh made this Freedom of Information request to Metropolitan Police Service (MPS)

The request was refused by Metropolitan Police Service (MPS).

From: Emlyn Welsh

17 May 2011

Dear Metropolitan Police Service (MPS),

On 25th January 2011 I made an FOI request for a copy of the tape
recorded meeting between myself, Ann Buckley, John Brigden, and a
fourth person, a woman whose name I can not remember.

Your response to this request dated 21/02/11, was that you are not
confirming or denying that you have the tape recording I have asked
for, and in event you can not give it to me because to do so would
breach other people's rights under The DPA.

Please send me copies of documents to prove that the tape you are
not confirming or denying possession of was disclosed to:

A. The inquest into the death of Jean Charles De-Menezes

B. The inquest into the death of Ian Tomlinson.

Yours faithfully,

Emlyn Welsh

Link to this

Metropolitan Police Service (MPS)

19 May 2011

Dear Ms. Welsh

Freedom of Information Request Reference No: 2011050003004
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 17/05/2011. I note you seek
access to the following information:

"On 25th January 2011 I made an FOI request for a copy of the tape
recorded meeting between myself, Ann Buckley, John Brigden, and a fourth
person, a woman whose name I can not remember.
Your response to this request dated 21/02/11, was that you are not
confirming or denying that you have the tape recording I have asked for,
and in event you can not give it to me because to do so would breach other
people's rights under The DPA. Please send me copies of documents to
prove that the tape you are not confirming or denying possession of was
disclosed to:
A. The inquest into the death of Jean Charles De-Menezes
B. The inquest into the death of Ian Tomlinson. "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact me at the above e-mail address, quoting the reference number
above.

Yours sincerely

R. Loizou
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Emlyn Welsh left an annotation (20 May 2011)

Quote-marks You will notice that I have asked for copies of documents to prove that certain tape-recorded material was disclosed to the inquests into the deaths of Jean Charles De-Menezes, and Ian Tomlinson. I believe this tape recorded material is also liable for disclosure to the inquest into the death of David Emmanuel (otherwise known as Smiley Culture), so I am very interested to see whether or not the met will confirm that the material was disclosed as they know it should have been.

http://www.socialistworker.co.uk/art.php...

Link to this

Metropolitan Police Service (MPS)

6 June 2011

Dear Mr. Welsh

Freedom of Information Request Reference No: 2011050003004

I write in connection with your request for information dated 17/05/2011
which was received by the Metropolitan Police Service (MPS) on 17/05/2011.
I note you seek access to the following information:

* On 25th January 2011 I made an FOI request for a copy of the tape
recorded meeting between myself, Ann Buckley, John Brigden, and a
fourth person, a woman whose name I can not remember. Your
response to this request dated 21/02/11, was that you are not
confirming or denying that you have the tape recording I have asked
for, and in event you can not give it to me because to do so would
breach other people's rights under The DPA.
* Please send me copies of documents to prove that the tape you are not
confirming or denying possession of was disclosed to: A. The
inquest into the death of Jean Charles De-Menezes
* B. The inquest into the death of Ian Tomlinson.

Please accept this letter as an acknowledgement of receipt of your
request, which has been considered under the Freedom of Information Act
2000 (FOIA).

DECISION

In accordance with the Freedom of Information Act 2000 (the Act), this
letter represents a Refusal Notice for this particular request under
Section 17(1). Please see the legal annex for the sections of the Act
that are referred to in this letter.

The Metropolitan Police Service neither confirms nor denies that it holds
the information you requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the following
exemption:

Section 40(5) - Personal Information / Absolute Exemption

A Freedom of Information Act request is not a private transaction. Both
the request itself, and any information disclosed, are considered suitable
for open publication. This is because, under Freedom of Information, any
information disclosed is released into the wider public domain,
effectively to the world, not just to one individual.

To confirm or deny whether personal information exists in response to your
request could publicly reveal information about an individual or
individuals, thereby breaching the right to privacy afforded to persons
under the Data Protection Act 1998. When confirming or denying that
information is held would breach an individual's rights under the Data
Protection Act 1998, Section 40(5) becomes an absolute exemption, and
there is no requirement for me to provide evidence of the prejudice that
would occur, or to conduct a public interest test.

Please note, this notice does not confirm or deny that the MPS holds the
information that you have requested.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights, which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 0207 230 75192 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Carol Conway
Case Manager

LEGAL ANNEX

Section 17(1) of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision of
Part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant 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.

Section 40(5) of the Act provides:

(5) The duty to confirm or deny-

(a) does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and
(b) does not arise in relation to other information if or to the extent
that either-
(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would (apart
from this Act) contravene any of the data protection principles or section
10 of the [1998 c. 29.] Data Protection Act 1998 or would do so if the
exemptions in section 33A(1) of that Act were disregarded, or
(ii) by virtue of any provision of Part IV of the [1998 c. 29.] Data
Protection Act 1998 the information is exempt from section 7(1)(a) of that
Act (data subject's right to be informed whether personal data being
processed).

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Emlyn Welsh left an annotation (20 June 2011)

Quote-marks No big surprises here then. The Metroplitan police are "Not confirming or denying" that they have the documents I have asked for. In my view this is clear evidence that they are trying to hide something.

Link to this

From: Emlyn Welsh

20 June 2011

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police
Service (MPS)'s handling of my FOI request 'Inquest disclosure
documentation'.

I'm sure you will agree that the fact that the Metropolitan police
have been wilfully and deliberately withholding important documents
and recorded material from inquest juries is a matter of public
interest, and this consideration should take priority over any
privacy concerns.

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

Yours faithfully,

Emlyn Welsh

Link to this

Metropolitan Police Service (MPS)

24 June 2011

Dear Ms Welsh

Freedom of Information Request Reference No: 2011060003120

I write in connection with your letter dated 20 June 2011 requesting that
the Metropolitan Police Service (MPS) review its response to your
request for information relating to:

* Original FOI case number 2011050003004.

The review will be conducted in accordance with the MPS complaints
procedure. The MPS endeavour to respond to your complaint by 19 July 2011.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Thank you for your interest in the MPS.

Yours sincerely

S. Strong
FOIA Complaints Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Metropolitan Police Service (MPS)

18 July 2011

Dear Mr Welsh,

Freedom of Information Request Reference No: 2011060003120

Further to our letter of 24 June 2011, I am now able to provide a response
to your complaint dated 18 07 11 concerning:

* Original FOI case number 2011050003004.

Original Request receieved 17 May 2011
On 25th January 2011 I made an FOI request for a copy of the tape recorded
meeting between myself, Ann Buckley, John Brigden, and a fourth person, a
woman whose name I can not remember.

Your response to this request dated 21/02/11, was that you are not
confirming or denying that you have the tape recording I have asked for,
and in event you can not give it to me because to do so would breach other
people's rights under The DPA.

Please send me copies of documents to prove that the tape you are not
confirming or denying possession of was disclosed to:

A. The inquest into the death of Jean Charles De-Menezes

B. The inquest into the death of Ian Tomlinson.

DECISION

The Metropolitan Police Service (MPS) has completed its review and has
decided to:

* Uphold the original decision

REASON FOR DECISION

Before I explain the reasons for the decisions I have made in relation to
your FoIA review, I thought that it might assist you if I outline the
parameters set out by the Freedom of Information Act 2000 (the Act) within
which a request for information can be answered.

The Freedom of Information Act 2000 creates a statutory right of access to
information held by public authorities. A public authority in receipt of a
request must, if permitted, confirm if that public authority holds the
requested information and, if so, then communicate that information to the
applicant.

The right of access to information is not without exception and is subject
to a number of exemptions, which are designed to enable public authorities
to withhold information that is not suitable for release. Importantly, the
Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then
considered public information and must be communicated to any individual
should a request be received.

I have considered your original request for information within the
provisions set out by the Freedom of Information Act 2000 and have today
decided that Section 40(5) is engaged. I therefore uphold the original
decision.

This letter consequently represents a Refusal Notice under Section 17(1)
in accordance with the Freedom of Information Act 2000 (the Act). Please
see the Legal Annex for extracts of the legislation referred to in this
response.

The Metropolitan Police Service neither confirms nor denies that it holds
the requested information, as the duty in Section 1(1)(a) of the Freedom
of Information Act 2000 does not apply by virtue of the following
exemption:

Section 40(5) - Personal Information
As explained above, when processing requests for information under the
Freedom of Information Act, public authorities have two duties to
consider. Section 1(1)(a) is the duty to confirm or deny that the
requested information is held, and section 1(1)(b) is to the duty to
communicate the requested information to the applicant.

Both of these duties have equal weight. The principle of 'neither confirm
nor deny' is long established, and it is recognised that in some
circumstances simply confirming or denying whether requested information
was held could itself disclose sensitive and damaging information. This
fact was itself recognised by the legislators - all exemptions except
section 21 (information accessible by other means) include a provision
which enable public authorities to neither confirm nor deny that it holds
the requested information in certain situations. More information can be
found on the Information Commissioner's website:

http://www.ico.gov.uk/upload/documents/l...

In addition, the Data Protection Act states that 'personal data' means
data that relates to a living individual who can be identified from those
data or from those data and other information that is in the possession
of, or likely to come into the possession of, the data controller.
'Sensitive personal data' means personal data consisting of information
that relates to 'the commission or alleged commission by the data subject
of any offence', and is afforded further safeguards under the Act.

The ICO's guidance on what constitutes personal data shows that this can
consist of a wide range of information:

http://www.ico.gov.uk/upload/documents/l...

It is on the basis of this guidance that I today support the decision to
apply section 40(5) to your specific request.

You have made a previous request for information relating to a tape
recorded meeting between yourself and third parties. The MPS neither
confirmed nor denied whether that information was held under Section 40(5)
of the Act. You then made a subsequent request for information relating to
the tape you refer to, which is the request subject to this review. In
this case, by confirming or denying whether or not the MPS holds the
information you have requested, requires the MPS to again confirm or deny
whether that tape is held. To confirm or deny whether the tape is held
would lead to the identification an individual and disclose personal
information about that individual (whether the information was held or
not).

In these circumstances, to confirm or deny whether the MPS hold the
information that you have requested could also lead to public inferences
as to who, if anyone, had involvement with the police or a third party
individual.

This would therefore be in breach of the individuals rights to privacy
under the Data Protection Act 1998 and would breach the first principle
(please see the Legal Annex). Whether the MPs does or does not hold the
tape you have requested or the documents you have requested, I do not
believe that connected individuals would reasonably expect this
confirmation or denial to be released to the world through a Freedom of
Information Act disclosure. Such a disclosure under the Act would be
considered unfair and unlawful.

In consideration of your request, I can confirm that the MPS would be in
breach of the first Data Protection principle by confirming or denying if
the information you have requested is held. This principle (set out in
Schedule 1 of the Data Protection Act 1998) states that data should be
processed fairly and lawfully. Section 40(5) in this instance is an
absolute exemption, and there is no additional public interest test for
the MPS to consider.

Should the information you have requested be held, this would be classed
as the personal information of those concerned. Disclosure of any
information which may be held (or even confirmation that the information
is not held about them), would not be considered fair to that individual.
It is with this consideration in mind that I have decided that I must
today uphold the decision to neither confirm nor deny whether the
requested information is held by virtue of section 40(5).

Section 16 - Duty to Assist
Under the Act, the MPS have a duty to advise and assist applicants. In
this case, I believe it appropriate to provide some further detail about
the Data Protection Act.

The Information Commissioner's Office details the differences between the
Freedom of Information and Data Protection Acts.

http://www.ico.gov.uk/for_the_public/the...

The Freedom of Information Act deals with official information held by
public authorities in England, Northern Ireland and Wales and to those
which are UK-wide.

Should you require information the MPS may hold about you (such as a tape
recorded of yourself), I would advise you to make a Subject Access Request
for that information.

You can do this by completing the form 3019 (available from any MPS
Station, or from http://www.met.police.uk/information/req...,
or by calling 020 7161 3500 - please select option 1). Please note that a
fee of **10.00 and proof of identification is required to process a
request. This process may also take up to 40 days from receipt of your
completed application.

Advising you of this route to access information does not in itself either
confirm or deny that the information you have requested exists. Please
also note, if information is held and subsequently disclosed, third party
data is likely to be redacted.

A copy of the Data Protection Act, for your information, can be viewed at
the following link:

http://www.opsi.gov.uk/acts/acts1998/ukp...

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

S. Strong
FOIA Complaints Officer

Legal Annex

Section 17(1) (Refusal of a Request)
A public authority which, in relation to any request for information, is
to any extent relying on a claim that any provision of Part II relating to
the duty to confirm or deny is relevant to the request or on a claim that
information is exempt information must, within the time for complying with
section 1(1), give the applicant 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.

Section 40(5)(Personal Information) of the Act provides:
(5)The duty to confirm or deny***
(a)does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and
(b)does not arise in relation to other information if or to the extent
that either***
(i)the giving to a member of the public of the confirmation or denial that
would have to be given to comply with section 1(1)(a) would (apart from
this Act) contravene any of the data protection principles or section 10
of the M4Data Protection Act 1998 or would do so if the exemptions in
section 33A(1) of that Act were disregarded, or
(ii)by virtue of any provision of Part IV of the M5Data Protection Act
1998 the information is exempt from section 7(1)(a) of that Act (data
subject***s right to be informed whether personal data being processed).

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

From: Emlyn Welsh

20 July 2011

Dear Metropolitan Police Service (MPS),

Thank you for your response to my request for an internal review.
Are you able to tell me whether or not Sir Paul Stephenson and AC
John Yates were given the opportunity to hear the tape recorded
meeting I have requested a copy of before they made their decisions
to resign from their positions ?

Yours faithfully,

Emlyn Welsh

Link to this

Metropolitan Police Service (MPS)

22 July 2011

Dear Mr Welsh,

Thank you for your email. I have referred this to the customer service
team to log as a new FOI request.

You will receive an acknowledgement in due course.

Regards,

S.Strong

S. Strong | Freedom of Information Review Officer | Security Standards
and Architecture | Directorate of Information | Public Access Office |
Metropolitan Police Service

Protective Marking: Protect
Not / Suitable for Publication: No

Recipients of this email should be aware that all communications within
and to and from the Metropolitan Police Service are subject to
consideration for release under the Data Protection Act, Freedom of
Information Act and Environmental Information Regulations. The MPS will
consider information for release unless there is are valid and
proportionate public interest reasons not to, therefore, sensitive
information not for public disclosure must be highlighted as such.
Further advice can be obtained from the Public Access Office - 783500.

show quoted sections

Link to this

Metropolitan Police Service (MPS)

26 July 2011

Dear Ms. Welsh

Freedom of Information Request Reference No: 2011070003738
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 20/07/2011. I note you seek
access to the following information:

"Thank you for your response to my request for an internal review. Are you
able to tell me whether or not Sir Paul Stephenson and AC John Yates were
given the opportunity to hear the tape recorded meeting I have requested a
copy of before they made their decisions to resign from their positions ?
"

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact me at the above e-mail address, quoting the reference number
above.

Yours sincerely

R. Loizou
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Metropolitan Police Service (MPS)

2 August 2011

Dear Mr. Welsh

Freedom of Information Request Reference No: 2011070003738

I write in connection with your request for information dated 20/07/2011
which was received by the Metropolitan Police Service (MPS) on 20/07/2011.
I note you seek access to the following information:

* Thank you for your response to my request for an internal review. Are
you able to tell me whether or not Sir Paul Stephenson and AC John
Yates were given the opportunity to hear the tape recorded meeting I
have requested a copy of before they made their decisions to resign
from their positions ?

Please accept this letter as an acknowledgement of receipt of your
request, which has been considered under the Freedom of Information Act
2000 (FOIA).

DECISION

In accordance with the Freedom of Information Act 2000 (the Act), this
letter represents a Refusal Notice for this particular request under
Section 17(1). Please see the legal annex for the sections of the Act
that are referred to in this letter.

The Metropolitan Police Service neither confirms nor denies that it holds
the information you requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the following
exemption:

Section 40(5) - Personal Information / Absolute Exemption

A Freedom of Information Act request is not a private transaction. Both
the request itself, and any information disclosed, are considered suitable
for open publication. This is because, under Freedom of Information, any
information disclosed is released into the wider public domain,
effectively to the world, not just to one individual.

To confirm or deny whether personal information exists in response to your
request could publicly reveal information about an individual or
individuals, thereby breaching the right to privacy afforded to persons
under the Data Protection Act 1998. When confirming or denying that
information is held would breach an individual's rights under the Data
Protection Act 1998, Section 40(5) becomes an absolute exemption, and
there is no requirement for me to provide evidence of the prejudice that
would occur, or to conduct a public interest test.

Please note, this notice does not confirm or deny that the MPS holds the
information that you have requested.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights, which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 0207 230 5192 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Carol Conway
Case Manager

LEGAL ANNEX

Section 17(1) of the Act provides:

(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision of
Part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant 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.

Section 40(5) of the Act provides:

(5) The duty to confirm or deny-

(a) does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and
(b) does not arise in relation to other information if or to the extent
that either-
(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would (apart
from this Act) contravene any of the data protection principles or section
10 of the [1998 c. 29.] Data Protection Act 1998 or would do so if the
exemptions in section 33A(1) of that Act were disregarded, or
(ii) by virtue of any provision of Part IV of the [1998 c. 29.] Data
Protection Act 1998 the information is exempt from section 7(1)(a) of that
Act (data subject's right to be informed whether personal data being
processed).

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Things to do with this request

Anyone:
Metropolitan Police Service (MPS) only:

Follow this request

There is 1 person following this request

Offensive? Unsuitable?

Requests for personal information and vexatious requests are not considered valid for FOI purposes (read more).

If you believe this request is not suitable, you can report it for attention by the site administrators

Report this request

Act on what you've learnt

Similar requests

More similar requests

Event history details

Are you the owner of any commercial copyright on this page?