MICHAEL CIARAN PARKER Claimant

Edward Williams made this Freedom of Information request to Essex Police This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Essex Police,

I would like to know:

1.What are your (own) legal costs so far, provide all external lawyer invoices.
2.How much you have been ordered to pay for Mr Parker's costs.
3.How much you have been ordered to pay in damages.

Yours faithfully,

Edward Williams

Data FOI Essex,

1 Attachment

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

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 of FOIA requires that we provide the applicant with a notice which: a)
states that fact b) specifies the exemption(s) in question and c) states
(if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:

Personal information enquiry

 

FOI legislation is intended to promote openness and accountability in
public authorities. However, this openness relates more to information
about the authority and its workings than it does to individuals who have
been in contact with that authority. This is especially the case when the
public authority in question is a police force, as the majority of
personal information that we hold is sensitive in nature.

 

Information disclosed under FOI is effectively released to the wider world
or into the public domain. Consequently, in cases where the public request
information related to individuals, it would be very rare for a police
force to release such information under the terms of the FOI Act.
Individuals would not expect that  personal data would be disclosed in
response to a request under the FOI Act that could provide and identify an
individual or family members related to the subject matter, any disclosure
would breach the first data protection principle of the Data Protection
Act, GDPR, which relates to fair processing, Article 5(1) requires that
personal data shall be:  

 

(a) processed lawfully, fairly and in a transparent manner in relation to
individuals (‘lawfulness, fairness and transparency’)

 

Essex Police is exempt from the duty to confirm or deny whether any
information is held under the provision of section 40(5)(b)(i) of the FOI
Act 2000 (below) and in accordance with section 17 of that Act this
correspondence must act as a refusal notice to comply with your request.

 

40 (5B)The duty to confirm or deny does not arise in relation to other
information if or to the extent that any of the following applies—

 

(a)giving a member of the public the confirmation or denial that would
have to be given to comply with section 1(1)(a)—

 

(i)would (apart from this Act) contravene any of the data protection
principles, or

 

(ii)would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
disregarded;

 

(b)giving a member of the public the confirmation or denial that would
have to be given to comply with section 1(1)(a) would (apart from this
Act) contravene Article 21 of the GDPR (general processing: right to
object to processing);  

 

“the data protection principles” means the principles set out in - (a)
Article 5(1) of the GDPR, and (b) section 34(1) of the Data Protection Act
2018; “data subject” has the same meaning as in the Data Protection Act
2018 (see section 3 of that Act); “the GDPR”, “personal data”,
“processing” and references to a provision of Chapter 2 of Part 2 of the
Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that
Act (see section 3(2), (4), (10), (11) and (14) of that Act).

 

 

Please note that this is a standard response that would be issued on
receipt of any FOI request that could relate to an individual or
information that could identify an individual and this response should not
be taken to infer that information is held that relates to this request

 

Under Section 16 of the FOI act, the force has to provide assistance and
the following will provide alternative means that could assist.

An individual can ask for their own personal information under information
rights process
[1]https://www.essex.police.uk/getmedia/cd3...
please note that disclosure is limited to the individuals personal
information. Applications can be made under our civil procedure
(discretionary disclosure) for information needed for civil action, but
this must be demonstrated and disclosure if appropriate may be limited.
Otherwise it may be beneficial to approach the courts and for the courts
to issue an order on Essex Police to enforce disclosure . If cases are
ongoing it is likely that exemptions will apply for non disclosure.
 Please find the following web link which provides further information
[2]https://www.essex.police.uk/about-us/dat...

 

 

Thank you for your interest in Essex Police.

 

 

Information Rights Team

Information Management Department

Strategic Change Directorate

E-Mail:[email address]

[3]cid:image001.png@01D3E908.EC4D1080

If you require further information or wish to submit a request, please
refer to the information found on the Commissioner’s website regarding
submission of effective requests
[4]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to: [5][email address]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

              

If you are still dissatisfied following our review, you have the right
under section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [6]https://ico.org.uk/

 

 

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Dear Essex Police,

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

I am writing to request an internal review of Essex Police's handling of my FOI request 'MICHAEL CIARAN PARKER Claimant'.

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

Yours faithfully,

Edward Williams

Data FOI Essex,

1 Attachment

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

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 of FOIA requires that we provide the applicant with a notice which: a)
states that fact b) specifies the exemption(s) in question and c) states
(if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:    Parker v The Chief Constable of Essex
Police [2017] EWHC 2140

DETAILS:

 

1.What are your (own) legal costs so far, provide all external lawyer
invoices.

2.How much you have been ordered to pay for Mr Parker's costs.

3.How much you have been ordered to pay in damages.

 

Having completed enquiries within Essex Police and in respect of Sec
1(1)(a), Essex Police does hold information relating to your request,
Essex Police can confirm in respect of Sec 1(1)(b) the following data:

 

Essex Police has paid £107,676.94 (net) in legal fees, being the
‘deductible’ under the relevant insurance policy.*

Note;

(i) the case is ongoing and

(ii) our insurers pick up the remaining costs/legal fees under our policy
and this is a matter between them and the law firm representing the Chief
Constable.

 

 

Section 21 of the Act (Information Reasonably Accessible by Other Means)
states that information is exempt information if it is reasonably
accessible to the applicant otherwise than under Section 1 of the Freedom
of Information Act 2000. Section 21 is an absolute exemption and where
information falls within the scope of an absolute exemption, a public
authority is not obliged to communicate it to an applicant and is also not
obliged to comply with the duty to confirm or deny the existence of the
information requested.

 

Therefore for the purpose of section 17 of the Freedom of Information Act
2000 (FOIA), this part of my response serves as a formal notification of
refusal of your request on the basis that the exemption given at section
21 of the FOIA applies (Information accessible by other means).

 

21 Information accessible to applicant by other means

(1) Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.

(2) For the purposes of subsection (1)—

(a) information may be reasonably accessible to the applicant even though
it is accessible only on payment, and

(b) information is to be taken to be reasonably accessible to the
applicant if it is information which the public authority or any other
person is obliged by or under any enactment to communicate (otherwise than
by making the information available for inspection) to members of the
public on request, whether free of charge or on payment.

(3) For the purposes of subsection (1), information which is held by a
public authority and does not fall within subsection (2)(b) is not to be
regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority’s publication

 

Essex Police do not track internal legal costs.  Any Orders as to costs
and damages would have been made in open court and therefore the
information is accessible to the public by other means.

 

Having said that, and although the above refusal removes the obligations
set under the act, Essex Police can provide the following links which may
be of assistance.

Please see the following links where data can be found from the statement
of accounts
[1]https://www.essex.police.uk/getmedia/12a...
 from the previous ruling – however this case has recently been to the
Court of Appeal in London – so you will be able to obtain information from
court records.

 

Essex Police trusts that the information provided is of assistance. Thank
you for your interest in Essex Police.

 

Kind regards,

 

 

Information Rights Team

Information Management Department

Strategic Change Directorate

E-Mail:[email address]

[2]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][email address]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to
https://www.kent.police.uk/policy/privac... or
https://www.essex.police.uk/copyright-pr...

References

Visible links
1. https://www.essex.police.uk/getmedia/12a...
3. https://www.ico.org.uk/for_the_public/of...
4. https://mail.internal.essex.police.cjx.g... address]/redir.aspx?C=8gENag1_zE-ijtqEIGBzfstmvBaehtIIbneVEImq8T0MaXeeygeoVWnfQQapCpSqvjIkKjdN7YM.&URL=mailto%3adatafoi%40essex.pnn.police.uk
5. https://ico.org.uk/

Kerry Nicholson 42006441,

1 Attachment

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

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 of FOIA requires that we provide the applicant with a notice which: a)
states that fact b) specifies the exemption(s) in question and c) states
(if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:

I am writing to request an internal review of Essex Police's handling of
my FOI request 'MICHAEL CIARAN PARKER Claimant'.

 

Having reviewed the previous request and reply,  Essex Police upholds the
previous response and therefore formally the previous response stands.
 Since your last request, Essex Police has made a further statement and
you may find the following of interest.

 

[1]https://www.essex.police.uk/news/judgeme...

 

Kinds regards

 

 

 

Information Rights Team

Information Management Department

Strategic Change Directorate

E-Mail:[email address]

[2]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][email address]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

 

 

 

 

 

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