Martin McGartland - 'notification from the Information Commissioners Office'

Martin McGartland (Account suspended) made this Freedom of Information request to Northumbria Police

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

The request was refused by Northumbria Police.

Martin McGartland (Account suspended)

Dear Northumbria Police,

You hasve asked me to make a new request (
http://www.whatdotheyknow.com/request/wh... )

I made a FOI request (as above) to NP on 17th Feb 2012 and I included following in that request;

"Given what you have stated above I would like all recorded
information you hold concerning 'notification from the Information Commissioners Office' that you refer to and also all recorded information between ICO and NP concerning this matter."

That request was very clear. Moreover, I stated following at the end of that request;

"If you have to deal with above as a new request please do so, however, I do not feel that this is required."

NP continue to delay and ignore this request. You are already breaching the FOIA in a number ways. Please release all of the recorded information I have requested above. I would like this request to be dealt with on this page, within this request given it is connected to it.

I would also like to place on the record that I am requesting copies of all of the correspondence and not just the informer NP would like me to have.

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA) Request 289/12 - Information
Commissioners Office

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly.  A response should be provided by 18 April 2012.

Yours sincerely

Helen Robbins

Disclosure Section

[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Northumbria Police

2 Attachments

Freedom of Information Act 2000 (FOIA) Request 289/12 - Information
Commissioners Office
Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 17 March 2012 in which you made a request
for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.
 
You asked:

"You hasve asked me to make a new request
(http://www.whatdotheyknow.com/request/wh...)

I made a FOI request (as above) to NP on 17th Feb 2012 and I included
following in that request;

"Given what you have stated above I would like all recorded information
you hold concerning 'notification from the Information Commissioners
Office' that you refer to and also all recorded information between ICO
and NP concerning this matter."

That request was very clear. Moreover, I stated following at the end of
that request;

"If you have to deal with above as a new request please do so, however, I
do not feel that this is required."

NP continue to delay and ignore this request. You are already breaching
the FOIA in a number ways. Please release all of the recorded information
I have requested above. I would like this request to be dealt with on this
page, within this request given it is connected to it.

I would also like to place on the record that I am requesting copies of
all of the correspondence and not just the informer NP would like me to
have."

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the
Disclosure Section of Northumbria Police.  I can confirm that the
information you have requested is held by Northumbria Police, however will
not be disclosed for the following reason.

This request has previously been responded to under the following
reference numbers, and I can confirm that the response remains valid:-

* Northumbria Police ref:  Freedom of Information Act 2000 (FOIA)
Request 212/12 - Information Commissioners Office
* whatdotheyknow ref:  request-88458-4a2c1 [email address]

In order to aid and assist you I have provided a copy of the response
below:-

You may be interested to know that Northumbria Police routinely publish
information that has been disclosed by Northumbria Police in response to
requests made under the Freedom of Information Act 2000 via the Disclosure
Log.  The aim of the Disclosure Log is to promote openness and
transparency by voluntarily placing information into the public arena.

Whilst it is not possible to publish all responses we will endeavour to
publish those where we feel that the information disclosed is in the
public interest.  The Disclosure Log will be updated once responses have
been sent to the requester.  I have provided the relevant link below:-

[1]http://www.northumbria.police.uk/foi/dis...

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police.  Your use of the information must
be strictly in accordance with the Copyright Designs and Patents Act 1988
(as amended) or such other applicable legislation.  In particular, you
must not re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial:  01661 868347
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[2]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/foi/dis...
2. http://www.northumbria.police.uk/

Martin McGartland (Account suspended)

Dear Northumbria Police,

NP do not like publishing documents or information that may embarrass them, however, the FOIA act is very clear, all non-exempt documents information must be released.

This is a request for an internal review. If the non-exempt information/documents are not disclosed I will be making a complaint to the ICO about this matter.

I note that NP are continuing to claim in their correspondence to ICO that I make requests then they are followed up by internal reviews etc. If NP continue to conceal, hide, lie, cover-up and break the law this is going to happen. Moreover, if NP refuse to deal with my FOI requests correctly, if they don't answer them, then of course I am going to make complaints. No-one complaints more than NP when it suits them to do so.

I have already instructed Solicitors to begin legal action against NP concerning the above and other matters. I'm sure NP will be hearing from them during the next few days.

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA) Request 289/12 - Information
Commissioners Office

We acknowledge receipt of your request for an internal review of the
response you received in relation to the above mentioned Freedom Of
Information request.

We aim to provide a response to you within 20 working days of this
acknowledgement.
Yours sincerely

Helen Robbins

Disclosure Section
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Martin McGartland (Account suspended)

Dear Northumbria Police,

I have today written to the ICO concerning this and other cases where NP have claimed 'personal data'. I have been asked to remind NP of the Durant v Financial Services Authority Court of Appeal decision back in 2003. The Court considered that the data would only be personal data of a particular individual if it had that individual as its focus or was biographical in a significant way. This means that the mere mention of an individual in a document does not necessarily mean that the document is the individual's personal data - there has to be something more than that.

Notwithstanding the above the ICO have very clear guidance on what is and what is not 'personal data'.

In other words Northumbria Police can simply refuse to release such documents just to save themselves from embarrassment nor can they hide, conceal or cover-up such documents to continue with their 13 year cover-up into my 1999 attempted murder.

You will be aware that I have begun legal proceedings (on or around 30th March 2012) against Northumbria Police relating to both the cover-up of my 1999 shooting and also because of Misfeasance in public office.

I hope NP will now stop this cover-up and their disgraceful treatment towards me. I note that the ICO are turning a blind-eye to same, however, I have made them aware that I am reserving all my rights. The ICO can not continue to look both ways when dealing with me my cases nor can they continue to discriminate against me.

Yours faithfully,

Martin McGartland

Northumbria Police

2 Attachments

Freedom of Information Act 2000 (FOIA) Request 289/12 - Information
Commissioners Office

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 26 March 2012 in which you requested a
review of the response to your request for access to certain information
which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

"You have asked me to make a new request
(http://www.whatdotheyknow.com/request/wh...)

I made a FOI request (as above) to NP on 17th Feb 2012 and I included
following in that request;

"Given what you have stated above I would like all recorded information
you hold concerning 'notification from the Information Commissioners
Office' that you refer to and also all recorded information between ICO
and NP concerning this matter."

That request was very clear. Moreover, I stated following at the end of
that request;

"If you have to deal with above as a new request please do so, however, I
do not feel that this is required."

NP continue to delay and ignore this request. You are already breaching
the FOIA in a number ways. Please release all of the recorded information
I have requested above. I would like this request to be dealt with on this
page, within this request given it is connected to it.

I would also like to place on the record that I am requesting copies of
all of the correspondence and not just the informer NP would like me to
have."

Our response stated:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Following receipt of your request, searches were conducted with the
Disclosure Section of Northumbria Police.  I can confirm that the
information you have requested is held by Northumbria Police, however will
not be disclosed for the following reason.

This request has previously been responded to under the following
reference numbers, and I can confirm that the response remains valid:-

* Northumbria Police ref:  Freedom of Information Act 2000 (FOIA)
Request 212/12 - Information Commissioners Office
* whatdotheyknow ref:  request-88458-4a2c1 [email address]

In order to aid and assist you I have provided a copy of the response
below:-

Your request for review asked:

NP do not like publishing documents or information that may embarrass
them, however, the FOIA act is very clear, all non-exempt documents
information must be released.
This is a request for an internal review. If the non-exempt
information/documents are not disclosed I will be making a complaint to
the ICO about this matter.
I note that NP are continuing to claim in their correspondence to ICO that
I make requests then they are followed up by internal reviews etc. If NP
continue to conceal, hide, lie, cover-up and break the law this is going
to happen. Moreover, if NP refuse to deal with my FOI requests correctly,
if they don't answer them, then of course I am going to make complaints.
No-one complaints more than NP when it suits them to do so.

I have already instructed Solicitors to begin legal action against NP
concerning the above and other matters. I'm sure NP will be hearing from
them during the next few days.

Further correspondence from you stated:
I have today written to the ICO concerning this and other cases where NP
have claimed 'personal data'. I have been asked to remind NP of the Durant
v Financial Services Authority Court of Appeal decision back in 2003. The
Court considered that the data would only be personal data of a particular
individual if it had that individual as its focus or was biographical in a
significant way. This means that the mere mention of an individual in a
document does not necessarily mean that the document is the individual's
personal data - there has to be something more than that.

Notwithstanding the above the ICO have very clear guidance on what is and
what is not 'personal data'.
In other words Northumbria Police can simply refuse to release such
documents just to save themselves from embarrassment nor can they hide,
conceal or cover-up such documents to continue with their 13 year cover-up
into my 1999 attempted murder.

You will be aware that I have begun legal proceedings (on or around 30th
March 2012) against Northumbria Police relating to both the cover-up of my
1999 shooting and also because of Misfeasance in public office.

I hope NP will now stop this cover-up and their disgraceful treatment
towards me. I note that the ICO are turning a blind-eye to same, however,
I have made them aware that I am reserving all my rights. The ICO can not
continue to look both ways when dealing with me my cases nor can they
continue to discriminate against me.

In response:

This review shall only cover your request made under the Freedom of
Information Act 2000 and its associated response.  This review cannot
consider any other matter you have raised regarding your allegations of
cover-ups.  Should you wish to complain about any part of a criminal
investigation I must direct you to the Professional Standards Department.
 This review cannot comment on the actions of the Information
Commissioner's Office (ICO) regarding your dealings with them.

As you have pointed out in your request for review, the Freedom of
Information Act 2000 is very clear, embarrassment cannot be used as an
exemption from disclosing information in response to a Freedom of
Information Act request.  It must be pointed out that at no time has the
initial response quoted "embarrassment" as an exemption.  Nor has this
been intimated by the initial response given.  The exemption applied was
clearly stated.  It is the task of this review to assess whether that
exemption (Section 40 Personal Information) was correctly applied.

As the information held regarding complaints made by you would clearly
refer to you and your complaint, they would on the whole be classed as
personal data and as such would be exempt from disclosure under the
Freedom of Information Act 2000.

All information regarding your request is held in a relevant filing
system.  This means that for the purposes the Data Protection Act it is
classed as personal data.

I have attached guidance from the ICO that gives advice on relevant filing
systems and personal data.  This provides a questionnaire on relevant
filing systems and how to determine what is personal data.

As this guidance helps to point out, any data held in a structured format
such as complaint files organised by name and/or other  identifying
markings is classed as personal data.  As it is classified as personal
data, it is clearly exempt from disclosure under the Freedom of
Information Act 2000.

It is therefore the conclusion of this review that the exemption was
appropriately applied and that it was entirely appropriate to provide
advice and guidance on how to make a subject access request under the Data
Protection Act 1998.

This concludes my internal review into your request under the Freedom of
Information Act 2000.  I believe that Northumbria Police have fulfilled
our requirements as per your Freedom of Information request.  If you
remain dissatisfied with the outcome of this review then it remains open
to you to refer this matter to the Information Commissioner at the
following address:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Hayley Morrison
Disclosure Manager
Legal Department
Northumbria Police
Direct Dial:  0191 2956940
Email:  hayley[email address]
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/