Medical records illegally accessed. Police involvement?

W. Williams made this Freedom of Information request to Metropolitan Police Service (MPS)

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Metropolitan Police Service (MPS) did not have the information requested.

Dear Metropolitan Police Service

I am making a request for all the information to which I am entitled to under the Freedom of Information Act, concerning:-

1. If a member of the public reports to the Police that their medical / personal records held by the health board, have been accessed illegally by members of the medical profession. (The perpetrators had no legal duties to conduct, nor gave any treatment to the patient concerned, nor had any consent from the patient).

a) Is this violation by the medical professionals an illegal act?
b) Is this violation investigated by the police?
c) If answer b is, Yes. What department of the police service investigated this crime?

2. If a member of the public reports to the Police that their medical / personal records held by the health board, have been accessed illegally by their local council, Social Services Department. (The perpetrators had no legal duties to conduct, nor gave any treatment to the patient concerned, nor had any consent from the patient).

a) Is this violation by the Social Services Department an illegal act?
b) Is this violation investigated by the police?
c) If answer b is, Yes. What department of the police service investigated this crime?

I understand that under the FOI Act, I should be entitled to a response within 20 working days. I look forward to hearing from you in the near future.

Please note that your full reply to the above questions should sent by e-mail to the return address shown in the heading to this message. This is because both the request and its response are published for public scrutiny on the web site through which this request has been made.

Yours faithfully,

W. Williams

Metropolitan Police Service (MPS)

Dear Mr. Williams

Freedom of Information Request Reference No: 2014100002553

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 28/10/2014.  I note you seek
access to the following information:

1.        If a member of the public reports to the Police that their
medical / personal records held by the health board, have been accessed
illegally by members of the medical profession. (The perpetrators had no
legal duties to conduct, nor gave any treatment to the patient concerned,
nor had any consent from the patient).
a)        Is this violation by the medical professionals an illegal act?
b)        Is this violation investigated by the police?
c)        If answer b is, Yes. What department of the police service
investigated this crime?
2.        If a member of the public reports to the Police that their
medical / personal records held by the health board, have been accessed
illegally by their local council, Social Services Department. (The
perpetrators had no legal duties to conduct, nor gave any treatment to the
patient concerned, nor had any consent from the patient).
a)        Is this violation by the Social Services Department an illegal
act?
b)        Is this violation investigated by the police?
c)        If answer b is, Yes. What department of the police service
investigated this crime?

Your request will now be allocated to the relevant unit within the MPS and
will be processed in accordance with the Freedom of Information Act 2000
(the Act).  

You will receive your response directly from the relevant unit within the
statutory timescale of 20 working days as defined by the Act.  

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.

COMPLAINT RIGHTS

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

If you have any further enquiries concerning this matter, please contact
us at [email address] or on the phone at 0207 161 3500, quoting the
reference number above.  Should your enquiry relate to the logging or
allocations process we will be able to assist you directly and where your
enquiry relates to other matters (such as the status of the request) we
will be able to pass on a message and/or advise you of the relevant
contact details.

Yours sincerely

S. Stroud
FOIA Quality and Assurance Advisor

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 to discuss the
response with the case officer who dealt with your request.  

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

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr Williams

Freedom of Information Request Reference No:2014100002553

I write in connection with your request for information which was received
by Metropolitan Police Service (MPS) on 28/10/2014.

DECISION

I have decided that your email does not constitute a valid Freedom of
Information request.

REASON FOR DECISION

Section 8 of the Act outlines the requirements for a valid request.  Note
that subsection (1)(c) refers to "Information".

Section 8 of the Act provides:

(1)         In this Act any reference to a "request for information" is a
reference to such a request which-

(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.

Section 84 of the Act provides definitions for the terms used in the
legislation and this includes the following definition of "information":

* "information" (subject to sections 51(8) and 75(2)) means information
recorded in any form;

Your email does not request information recorded in any form, instead it
is asking for legal advice i.e. if x scenario occurs would it be deemed
illegal and if so who would investigate it.  

Should you wish to make a request for held information please do not
hesitate to contact us and we will ensure that any such request it logged
and responded to.

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 161 3500 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

David Edwards
Public Access Office
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 to discuss the
response with the case officer who dealt with your request.  

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

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital 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).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk